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Reel 38 (3/15/1976 - 07/20/77)
CERTIFICATE OF AUTIIEIIT1CtTY THIS IS TO CERTIFY THAT THE PE~L~ENTLY VALUABLE RECORDS OF THIS OFFICE AS LISTED ON THE TITLE . SHEET ~ERE HADE AVAILABLE FOR HICROFIlJ. IIIIG BY THE LOCAL RECORDS BRANCH OF THE J~.RCHIVES DIVISION OF THE VIRGINIA STATE Li'BRARY AS AUTHORIZED BY SECTIONS 15,]-8, q2,1-82, AND ~2,[-83 OF THE CODE OF VI~OINIR, THE PURPOSE OF THE . HIcRoFILIIIHG IS TO PROVIDE SECURITY COPIES OF THE RECORDS, CO~NCIL, REGULAR HEETING, Mondayt March 15w 1976. · he Council o[ the City of Roanoke =et In regular ~eeh~ng in the Council Char In ~e H~lclpal Bullding~ Cit~ of ~oke~ on Honday~ ~rch 15~ 1976~ a~ 2 p.m., ~e regular ~eting hour~ ~ ~yor Noel C. Taylor p~e- sid~g. P~S~= Co,clan Ro~rt A. Garl~d, Wllll~ S. H~ard, David K. Lisk~ Nicholas F. Ta~n~ J~s O. Trout ~d ~yor Noel C. Taylor ........ 6. ~T~ Co~c~ H~pt~ W. ~s ........................... 1. OFFICE~ P~ ~. Byron E. Haner~ City ~ager~ ~. J~es N. Kinc~on, City Atto~ey~ ~. J~es E. Buc~oltz~ Assist~t City Attorney~ ~. A. N. Gibson, Director of Finance; and ~s. ~ F. Parker, City Clerk. I~TION~ Thu ~oting was o~ed wt~ a prayer by ~e Reverend C. ~ynard P~ell, Pastor, First Christi~ Church o~ Roanoke, ~GIS~TION: The ~yor welc~ ~e Honorable A. Victor Th~as to ~e meeting ~d advised ~at ~. Th~s would like to present a verbal report on the status of certain bills which were before ~e 1976 Session of ~e General Ass~ly. ~. Th~s stated ~e roll,lng: Bill No. 25 which is ~e City C~rter Bill was approved by ~ Houses and will ~ signed by ~e Governor in ~e next few days. Bill No. 152 relative to ~at[on accusing to l~d use for new- ly a~exed c~t~zens was s~gned by ~e Gov~or on Saturday, ~rch 13~ 1976. Bill No. 820 which el~nated ~e need for a special elect~on for 45 days was signed and approved by ~ Justice ~par~nt. Bill No. 846 which was re~este~ by ~e Soho1 Board ~at will all~ soho1 cafeteria workers to apply ~d receive group ~n- s~ce at a much lower rate ~rough ~e Virginia Suppl~ta~ Retir~ent Syst~ was passed by ~ Houses an~ will be s[gne~ by ~e Gove~or. H~NG OF C~TIZENS UPON PUBLIC ~= P~S ~ P~YGROUNDS: Bids having been advertised to be received on ~e Thrasher Park Picnic Shelter and additions and ~rov~ents to East Gate Park for ~onday, ~rch 15, 1976, ~e City Clerk advise~ ~at ~e receiving date for s~tt~ng bids has been extended on bo~ projects ~til ~e city receives ~e Dav~s-Bacon wage rates from ~e ~par~ent Of Housing and Urb~ ~velopment. PA~S ~ P~YGRO~S-SWI~ING P~= Pursuant to notice of advertise- ment for bids for ~e uonstruction o[ m~c~pal ~ng p~ls ~n Washington Park ~d Fallon Park, said ~ro~sals to be received by ~e City Clerk ~t[1 2 p.m., ~on~ay, March 15, 19~6~ and to be ~e~ before Co~c~l at ~at hour, the Mayor asked if anyone had ~y questions ~out ~e advertls~nt for bids and no repre- sentative preset raising ~y question~ ~e ~yor ins~ucted ~e City Clerk to proceed wi~ ~e opting of ~ b~ds; whereupon, ~e city Clerk opened ~d read ~e foll~ing bids= Bidder Base Bid Alternate No. I A~ternate No. 2 Days Constr~ction Cc~- $ 773,900.00 Deduct $ 8,800.00 Add $ 79~000.00 panyt Incorporated Acorn Construction Ltd. $23,212.00 Deduct 8w000.00 Add 3It000.00 William E. Reynolds Con- struction Cc~pany 840w000.00 Deduct 9,000.00 Deduct .00 National Construction company, Incorporated 948~000.00 Deduct 10~800.00 Deduct 35~000.00 Branch andAssociates~ Incorporated 949w900.00 Deduct 8t301o00 Deduct 79~800.00 Watts and Breakell~ Incorporated lw000,000.00 Deduct 12~000.00 Deduct 148~000.00 A representative frc~Acorn Construction Ltd. /nquired as to whether or not a notation on the envelope of their bid adding $25~000.00 was read~ whereupon, it was discovered that thefigure had not bean read and the Council was advised by the representative of the company that this $25,000.00 was to be added to the base bid. (The $25,000.00 add-On is ~ncluded in the base bid as above listed fronAcorn Construction Ltd.} Hr. Ta-~-~nmoved that the bids be referred ko a c~ittee to be appointed by the Hayor for tabulation, report and reco~nendation to Council. The motion was seconded by Hr. Lisk end unanimously adopted. The Hayor appointed Messrs. Sam H, McGhee, III, Chaiz-man, Richard B. Turpin and John A. Newson as members of the committee. ZONING-ANNEXATION: Hr. Edward F. Mullikin~ 3r.w appeared before the body and read a prepared statement requesting that Council retain orderly procedures in rezoning newly annexed property for the protection of neighbors and that the action taken by Council at its last regular meeting on Honday~ March 8, 1976, may set a precedent detrimental to the solution of a problem relativ~ to a commercial horse stable being erected on Cravens Creek Road. (For full text, see statement as filed in the city Clerk's Office.) Hr. Jeanings T. Bird, Attorney, representing Hr. Hulllkin and others~ appeared before the body and stated that the action and procedure taken by Council last week is contrary to the very essence of planning which is planning and not simply rezoning, that it places the City Manager ~n the middle of a planning decision and this is not the function of the City Hanager, that the action taken ~y Council last week, if challenged, may not withstand the law end requested that Council reconsider its action on a more orderly fashion, that proper notice be given to th~ public and that they be allowed a chance for input and considera- Hr. Hubard stated that he could not /mag/ne any buildlng permits being issued by the City Manager, City Plannlng Comm/ssion or City Council relatlve to the property in question and hopefully the whole situation will be taken care of by the public hearing date on Monday, April 26~ 1976. Hr. Taubman reiterated the remarks of Hr. Hubard and called attention to the agencies in which such a request would go through before a bu/Iding permit could be issued, that by the end of April the whole matter should be resolved and a procedure established, that if such a request should come before the Counc£1 between the present tl~e and the end of April the property o~ners would be notl£iedw that he dons not see that the Council did anything that will Jeopardize H~o Hullik~n~s position in this ~atter and the Council would not do anything without proper notification to all concerned. H~o Bird pointed out that under the framework of Ordinance No. 22764 protection to the property o~raer has been removed. Approximately fifteen persons were present in support of the remarks of Mr. Mullikin and Hr. Bird. Hr. Trout moved that the matter be referred to the City Hanager for study, report and rec°mmendation to Council. The motion failed for lack of a second. Mr. Lisk moved that the statement of Hr. Hullikin be received and filed. The motion was seconded by Mr. Hubard and adopted, Hr. Trout voting no. Council having previously referred to the City Planning Commission for study, repert a~d recommendation comm~lications from Dr. Walter S. Johnson and IL~. E. F. Hullikln, dr., relative to the property on Lake Drive, S. resoned by the County Zoning Board which permitted the erection of a commercial riding stable, said property recently aru~exed by the city and suggesting that since the property is only about 4.5 acres, the number of horses to be stabled there should he l/mired to two or t~ree, and Hr. Ta-h~n inquired as to whether or not the City Planning Commission has responded to this matter and after being advised that they had not, Hr. Taubm~n moved that the City Planning Cn~ission be advised of the concern of Council in this matter and that the Plannlng Commission be requested to handle, as expeditiously as possible, the matter of a non-conforming use with respect to said property. The motion was seconded by Mr. Garland and una~i/~ously adopted. TAXES-AIRPORT: Mr. Richard F. Pence, Attorney, representing Avis Rent-A-Car Syste~m, Incorporated, National Car Rental System~ Incorporated, and Budget Rent-A-Car Of Roanoke, Incorporated, appeared before Council and presented a prepared state~aent requesting relief from an oppressive license tax situation which has arisen due to annexation, that his clients be afforded relief by modification of either Section 20, Chapter 5, Title 8, or of Section 40, Chapter 8, Title 6 at the earliest possible t~e, and that such relief be made retroactive to January 1, 1976w the date on which the oppressive situation referred to arose. (For full text, see state~ent as filed in the City Clerk's Office.) Mr. Trout moved that the matter be referred to the Airport Advisory C~i~ston and the Revenue Study Co~sslon for study, report and reco~mendatlon to Co~l~cil. The motion was seconded by Hr. Ta-hm2n a~d unanimously adopted. PETITIONS AND COMMUNICATIONS= BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that $97,000.00 be appropriated to the appropriate CIP Account, said lands being a ~ortion of the i~mediate request in the amount of $10,815,000.00 submitted by the Boazd on Febzuarl~ 5~ 1976, to Council and will be used for the schematic design phase for the proposed Th~rty-Honth Capital Improvement Progra~ was b~fore the body. (For full text~ see c~m"unication as filed in the City Clerkts Office.) Mr. Trout offered the Ordinance appropriating the requested funds. The adoption Of the Ordinance was seconded by Mr. Hubard. After a discussion as to the school request versus the court order, the C£ty Attorney advising that as it appears now there is no conflict b~tween the proposed capital improvements progremand the court order~ Mr. Hubard offered a substitute~otion that action on the request Of the School Board be deferred until the end of the agenda. The motion was seconded by Mr. Ta'~m~n and adoptsdf Mr. Trout voting no. Mr. Trout stated that his no vote was cast due to the fact that he did not know why the ite~nwas being deferred. SCHOOLS= A communication from Mr. Samuel P. McNeil tendering his resignation as ams_m bet of the Roanoke City School Board effective February 2?, 1976, was before Council. (For full text, see communication as filed in the City Clerkts Office.) }ir. Trout moved that the co~=~unication be received and filed and that the resignation be accepted with regret. The ~tion was seconded Dy ~r. Garland and ttna~imously adopted. In this connection, a cc~m~mication from Dr. Wendell H. Butler, Chairman, Roanoke City School Board, requesting that Councll ~lke an appoint~ent to fill the vacancy on the School Board, was also before the body. (For full text, see coi~unlcatlon as filed in the City Clerkfs office.) Mr. Hubard~ved that the co~mu~icatlon be received and filed. The motion was seconded by Mr. Lisk and unanimously adopted. BUDGET-CITY CLERK-ADVERTISING= A cc~unication from the City Clerk requesting that $2,500.00 be appropriated to Advertising under Section ~102, 'City Clerk,' Of the 1975-76 budget, to provide funds for the r~mainder Of the fiscal year, was before Council. (For full text, See communication as filed in the City Clerk's Office.} Mr. Trout moved that Council concur in the request and offered the following emergency Ordinance: (t22771) AN ORDINANCE to ale_nd and reordain Section ~102, 'City Clerk,' Of the 1975-76 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinunce, see Ordinance Book No. Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Ta-~n and adopted by the following vote: AYES: Messrs. Garland~ H~bard, Lisk~ T~~hm~n, Trout andMayor Taylor ..................................... 6. NAYS: None ....................... 0. (Hr. Thomas absent) BUDGET-JAIL~ A co~mun~cation £rc~ ~he Sheriff requea~ing ~hat ~S~O00000 ~ of ~e 1975-76 budget~ tO p~ovide f~ds fo~ ~e z~der of ~e f~sca~ year~ t~-~l~ds of ~e re.est to be re~ursed by ~as before (For full text~ see c~lcation as f~l~ In ~e Clt~ Clerk's Off~ce.) ~. Garland o[fe~ed ~e following ~rgen~ Ordin~ce appropriating ~5~000.00 to Con.actual SedUces ~der Section ~126~ '~all~' of the 197~-76 budget~ (i22772) Of the 1975-76 Appropriation Ord~ce, ~d providing for ~ ~rg~cy. (For full t~t of Ord~ce, see Ord~ce ~ok No. ~. Garl~d ~ved ~e adoption of ~e Ord~n~ce. The motion was seconded by ~. H~ard and adopted by ~e foll~ng vote: Taylor .................................... 6. ~YS= None ......................0. (~. Th~s absent) ST~ETS ~D ~YS-SPECI~ PE~ITS= A c~cat~on frm~. A. G. C~pe, ~nag~r Ro~oke Te~nal~ ~e~ite Transportation Comply, r~questing pe~ss~on to set ~org~a Avenues a~ut ~ree feet on c~ty right of way for a l~g~ of approx~ately~ f~fty feet, was before Co~c~l. (For full text, see c~cat~on as f~led ~n ~e City Clerk's Office.) Hr. Ta~n ~ved ~at ~e co~cat~on be referred to ~e City ~ager for study, report an~ reco~en~at~on to Co~c~l. The motion was seconded by ~. Garland ~d adopted. SUBDIVISIONS-S~ETS ~YS: A co~ication fromm. Wi11~O. Lavin, Secreta~-Treasurer, Valley H~ Bu~ders~ ~nco~orated, requesting a waiver fr~c~ty s~v~s~on re~at~ons pertaining to curb ~d gutter for ~ area ~ as Section No. 5 of S~t Hills, located ~n ~e corridor area rec~tly ~exed to ~ clty~ was ~for~ Cocci1. (For full t~t, see c~cat~on as f~le~ ~n ~e C~ty Clerk's Office.) ~. Gar~ moved ~at ~e c~cat~on be referred to ~e City Pla~g C~ss~on for study, report ~ reco~endation to Co~c~l. The motion was s~conded by ~. Trout an~ adogted. ST~ETS ~ ~YS: ~ application fromm. ~o~ H. Rusher, Atto~ey, repres~t~ng Wilson T~ck~ng Co~orat~on ~d G~ert Associates, ~nco~rated, re~esting ~at certa~ portions of ~rchwo~ Street ~d Ind~a Avenue~ N. E., be vacated, ~scont~u~ and close~, ~s ~fore Co~c~l. (For full text, see application as f~led ~n ~e City Clerk's Office.) ~. Garl~ ~ve~ ~at th~ re~est be referre~ to ~e C~ty Plying C~ss~on for study~ report and rec~endat~on to Cocci1. The motion was seconde~by ~. Trout ~ a~opted. Mr. Garland offered the following Resolution appointing viewers in connection with the requests ($22?73) A I~SOLUTION initiating and providing for the permanent closing, vacating, discontinuing and abandonment of that certain portion of Larch~od Street, N. E., 50 feet in width, extending from the south line of Thurston Avenue, N. Bow in a southerly direction 196.77 feet, more or less, to where the said Larchwood St~ceet, N. E., was previously closed and vacated on December 12, 1960w Ordinance No. 14261~ Ordinance Book 24, Page 306~ said street being sho~n on Sheet 311 of.the Cityts Tax Appraisal Hap, and also that certain portion of Indiana Avenue~ N. E., 60 feet in width, extending from the westerly line of Kimball Avenue, No B° (fo~nerly Patrick Henry Drive), in a westerly direction 456o10 feet, more Or less, to a point, said avenue being sho~n on Sheet 307 of the City's Tax Appraisal Hap~ appointing viewers to view the said street and avenue! requesting the City Planning C~tssion to make a study and recommendation of said proposals~ and providing for a public hearing on the said proposals. (For full text of Resolution, see Resolutlon Book NO. Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote= AYES= ~ssrs. Garland, Hubar~, Lisk~ Taula~an, Trout and i4ayor Taylor ...................................... NAYS: None ........................ 0. ~lr. Thomas absent} REPORTS OF OFFICERS: BUDGET-PUBLICASSISTANCE= The CityHanager s'~mltted a written report recommending that $9,840.00 be appropriated to Title XX - Day Care for Children Developmentally Disabled, and that $12,343.00 be appropriated to Title XX - Day Care for Adults Developmentally Disabled, to provide funds in connection with certain mandated services which must be offered by the Depart- ment of Human services, Social Services. (For full t~xt, see report as filed in the City Clerk's Office.} Mr. Lisk questioned whether or not the city feels it is economically feasible to continue to approach the Title XX Program since the state has changed their concept and funds have been cut tremendously by the mathematical reasoning of the state. The Director of Httman SerVices advised that the concern expressed by Mr. Lisk is a concern of all the cities in the State of Virginia, that the Welfare Advisory Board has gone on record disagreeing with the formula used by the state to distribute this money and it is felt that the state should use a formula similar to the revenue sharing for~ula. Mr. Lisk then offered the following emergency Ordinance appropriating the requested funds: (~22~4) AN ORDINANCE to amend end reordain Section $540, 'Title of the 1975-76 Appropriation Ordinance, and providing for an ~m~rgency. {For full text of Ordinance, see Ordinance Book No. Hr, Lisk moved the adoption of the Ordinmlce. The motion was seconded by Hr. Hubard and adopted by ~ foll~ing vo~ A~S; Hess~8. Ga~l~d~ H~a~d~ Llsk~ Ta~ ~out and ~yor Taylor ..................................... 6 · ~YS~ None .......................0. (~. Th~s absent) BU~-P~LXC ~t ~e C~ty ~ager a~tted a ~itten report receding ~at $21,332.00 ~ appropriated to Title ~ - Unified H~ Services ~s~r~o~ Syst~ ~nco~rated~ to provide f~ds for ~e purchase of tr~sportation se~ices to ceftin eligible people fr~ ~e Ro~oke Agencies Dial-A-Ride (For full t~t, see report as filed in ~e City Clerk*s Office.) Hr. H~ard offered ~e following ~rgency Ordin~ce appropriating the requested f~ds~ (%22~75) ~ O~IN~CE to ~end and reordain Section %540, 'Title of the 19~5-76 Appropriation Ordin~ce~ ~d providing for an ~rgency. (For full text of Ordinance, see Ordln~ce Book No. ~. H~ard ~ved ~ adoption of ~e Ordin~ce. The ~tion was seconded by ~. Tarn and adopted by the foll~ing vote= AYES: Messrs. Garl~d~ H~ard~ hisk~ Ta~n, Trout and Hayor Taylor ....................................... 6. NAYS: None ......................... 0. (~. Tho~s absent) BU~E~CI~ ENGI~ The City ~nager s~itted a wrltt~ re~rt r~uesting ~at $20,000.00 ~ transferred fr~ Salaries and Wages to ~ertime ~der Section %664, 'Buildings Hainten~ce,' of ~e 1975-76 budget. (For full t~t, see report as filed in ~ City Clerk's Office.) ~. Trout offered ~e following ~ergency Ordinance providing for tr~sfer of f~ds= (%227~6) ~ O~I~CE to ~end and reordain Section ~664, =Buildings Maint~ce, ~ of ~e 1975-~6 Appropriation Ordinance, ~d providing for ~erg~cy. (For full t~t of Ordinance~ see Ordinance ~ok ~. Trout moved ~e adoption of ~e Ordinance. The motion was seconded by Mr. ~sk and adopted by the following vote: AYES= Hessrs. Garland~ H~ard, Lisk, Ta~ma~, Trout and Hayor Taylor ...................................6. NAYS: None ...................... 0. (~. Th~s ~sent) BU~ET-CIR~IT COURT-G~TS: ~e City ~ager s~mitted a ~itt~ report in co~ectlon wi~ ~e p~chase of metal detectors and courtro~ m~o~ syst~ for ~e Circuit Court, reco~dtng ~at Ordinate No. 22761 ~ reversed to el~nate an increase of $2~758.36 appropriated to ~e Circuit Co~t~s ~neral F~d Accost, ~d ~at $1,918.36 be appropriated to Depar~ent 916, Gr~t Accost, O~er ~ui~nt. (For full t~t, see report as filed in ~e City Clerk's Office.) }tr. Ta-~-n offered the following emergency Ordinance decreasing Other Equip~ent under Section 9116, 'Circuit Court," by (922777) AN ORDINANCE to amend and reordaln Section 9116, 'Circuit Court,' of the 1975-76 Appropriatiun Ordinance, and providing for an emergency. (For full text of Ordinance, see ordinance Book No. Hr. Ta~,~n moved the adoption of the Ordinance. The motion was second- ed by Hr. Nubard and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lick, Ta~,hman~ Trout and Hayer Taylor ................................ NAYS.* None .................. 0. (Hr. Thomas absent) Hr. Llsk offered the following ~m~rgency Ordinance appropriating $1,918.36 to Other Equit~ent under Section [916~ 'Circuit Court Equipment, of the 1975-76 Grant Program Account= (922778) AN ORDINANCE to amend and reordain the City of Roanoke's 1975-76 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Lisk moved the adoption Of the Ordinance. The motion was seconded by Mr. Ta~Bman and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taubman, Trout and Mayor Taylor ......................................... 6. NAYS= None ........................... 0. {Mr. Thomas absent) REGIONAL JAIL/COURTHOUSE-CIRCUIT COURT: The City Manager submitted a written report tran~mltting a Resolution setting forth the Council's previously discussed intentions with respect to provision for court facilities. Mr. Taubman offered the following Resolution: (922779) A P~ESOLUTI~N expressing the intention of the Council · of the City of Roanoke to construct, erect and provide a new courthouse and courts facility in the city as expeditiously as practicable. (For full text of Resolution, see t~esolutlon Book NO. Mr. Tauhman moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote~ AYES: Messrs. Garland, Hubard~ Lisk, Taubman, Trout and Mayor Taylor ......................................... 6. NAYS: None ........................... 0. (Mr. Thomas absent) Mr. ~t~bard made reference to paragr~.ph 3 in the Resolution and asked if the city is legally committing itself to build a courthouse; whereupon, the Assistant City Attorney replied that the city is co=~itted to a statement Of intention. CITY PROPERTY-AIP~ORT-MIS~OUS: The City Hanager submitted a written report relative to the donation of airport property for the Naval Reserve Armory, advising that he was instructed to investigate the possibility of an exchange of this nine acres of land in return for the surplus postal facilitles in downtown Roanoke, that this ~atter was referred to the office of Congressman Ho Caldwell Butler who advises that the Uo S. Postal Service is no~ a separate entity as well as being a separate branch of the federal government and that no exchange of this nature can be ~ade~ and rec~nding that Council authorize the City ~ansger to inform the Department of Navy that the city will donate the nine acres of land in guestlon and that the City Attorney be Instructed to prepare the proper measure accordingly. (For full textt 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 Resolution: {~22780) A I~ESOLUTION authorizing the City Manager to inform the Naval Facilities Engineering Co~-d of the Department of Navy of the City's intent to donate nine acres of land located at Roanoke Municipal Airport, Woodrum Field, to the Department of the Navy~ for use as a reserve training center. (For full text of Resolution~ see Resolution Book No. Hr. Trout moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Messrs. Garland~ Hubard~ Lisk~ Ta-~v~n~ Trout and Mayor Taylor .................................. 6. NAYS: None .................... 0. (Hr. Thc~mas absent) Hr. H~bard requested that the City He,lager continue to explore the posslbility of an exchange of this property for the post office property in dow~tow~ Roanoke. APPALACHIAN pO~rER COMPARY-BTREET LIGHTS= The City Manager submitted a written report reconunending that Council, by Ordinance, approve an amendment to the agreel~ent with Appalachian Power Company to add the new rate of $4.25 per llght per month for those lights located in the Blue Ridge Park for Industry. {For full text, see report as filed in the City Clerk's Office.) Mr. Lisk moved that Council concur in the report Of the City Manager and offered the following emergency Ordinance: ([22781) AN O~DINARCE authorizing and directing the Mayor and the City Clerk~ for and on b~half of the City Of Roanoke, to execute an amendment to a contract for street lightillg between the AppalachiaIl Power Company and the City of Roanoke, dated the 1st day of January, 1973, and approved by the City Cotulctl at its regular meeting on February 5, 1973, to accept, on behalf of said city, said company's offer to furnish the city electrlc current for 32 street lights located in the Blue Ridge Park for Industry and not Otherwise provided for in said agreement, at a rate and upon the conditions hereinafter provided~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: l0 AYES~ Hessre. Garlandt Hubard, L~sk, Ta~hm~, Trout and Hayor' Taylor .................................. 6. NA¥S~ None .................... 0. (Hr. Thc~as absent) GARBAGE REHOVAL~ The City MAnager snl~tted a written report in connection with bulk collection refuse service, recommending that effective July 1, 1976, the city provide bulk refuse collection to ell properties that have the approved type containers on the basts of one free weekly service to all containers that can be serviced on a single trip and charge $5.00 per container serviced for all other service provided. (For ful! text, see report as filed in the City Clerk's Office.) Mr. H~bard moved that the report be referred to the City Attorney for preparation Of the proper measure. Tho motion was seconded by}tr. Trout and adopted. ARNEXATXON-FIP. E DEPARTHENT~ The City Hanager suk~/tted a written report on fire protection for the annexed area, making certain recommendations concerning establishment of two additional temporary sites, one in the vicinity of the western end of the Salem Turnpike and recommending that Counci! approve advertisement for bids on purchase and construction of a 32t x 62* modular buildlng; and a second site in the 4300 block of A~pleton Avenue, N. W., and reco:~nendlng that Councll authorize and provide for lease by the city of this property at a monthly rental of $1,100.00 or total three year lease cost of $39,600.00. (For full text, see report as filed in the City Clerk% Hr. Ts~n questioned the buy-back arrangement for the modular building proposed to be constructed on Salem Turnpike and stated that 50% - 60% of building cost upon lease termination would be a rather large gift. Hr. Rudy K. COX, Realtor, appeared before Council and stated that he was told the city was looking for a permanent location in the Hershberger Road area, that hem et with the Fire Chief and several others in reference to a location he found which had three bays and sold for $103,000.00 and would have been suitable for a permanent fire stationw that he heard nothing further from the city and now he understands it is proposed to go ahead with the two locations as contained in the City Hanager~s report and it would seem that if the city was going to spend funds for rental over the next three years, they could have advised as to what their needs were goLng to be. The Director of Safety and Security stated that the propesal of Hr. Cox was considered and rejected because of the price. At the request of a member of Council, the City Hanager advised that the owner of the property on Salem Turnpike is Hr. Herbert W. Lynch. Hr. Trout moved that Council concur in the report of the City Manager. The motion was seconded by Hr. Hubard and unanimously adopted. POLICE DEPART~dENT-FII~E DEPAR~F~NT: The City Manager submitted a written report listing the personnel changes for the Police and the Fire Departments for the month of Februaryw 1975, advising that at the end of February there were two vacancies in the Fire Department and seventeen Vacancies in the Police Departu~nt. (For full text, see report ae filed in the City Clerk's Office.) Mr. Trout moved that the report be received and filed. The motion was seconded by Hr. T~,,~ and adopted. CO~NCIL~ The City Attorney submitted a written report requesting an Executive Session prior to the conclusion of the Council meeting for the purpose of consulting with Council on certain legal matters. Mr. Trout moved that Council concur in the request for an Executive Session. The motion was seconded by Mr. Eubard and adopted bythe followlng vote: AYES= Messrs. Garland, Hubard, Lisk, Tauhman, Trout and Mayor Taylor .................................... 6. NAYS: None ...................... 0. (Mr. Thomas absent) ~EGIONAL JAIL~ The Director of Finance submitted a written report advising that Council would be well advised to set a charge of $15.00 per day for each female prisoner and $10.00 per day for each male prisoner for use of the jail by other political subdivisions to offset any losses now incurred. (For full text, see report as filed in the City Clerk's Office.) Mr. Ta,,hm~ moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Trout and adopted. The Sheriff advised that from time to ti~e there may be a person passing through the city who has an inmate with him and as a courtesy he allows this inmate to spend the night in the city jail at no charge and he is of the opinion that this practice should he continued. Mr. Eubard suggested that the Sheriff confer with the City Attorney relative to the preparation of the measure in an effort to include the above suggestion. REPORTS OF COMMITTEES: STATE HIGHWAYS-CITY PROPERTY: The Real Estate Co~mnittee submitted a written report in connection with a request of 'the Virginia Department of Highways and Transportation for an option to purchase city-owned land necessary for railroad right of way as part of the completed Route 460 (Orange Avenue) widening project. (For full text, see report as filed in the City Clerk's Office.) Mr. Lisk moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Habard and adopted. SCHOOLS-CITY PROp~-RTY~ The Raal Estate C~*ttee submitted a written report reoo~mending that Co~ncl! ag.~e to donate the ~ehnont Schoo! land a~d building to the Salva~zLon Ar~y as a site for the new SalvatAon Army Co~unity Centerw with the etlpulatAon that the d~molitAon activAtAes will be completed by June 1977, and Af for a~y reason th~s property would not be utilized for the purpose Antended, At would revert baok to the oity. (For £ull text, see report as fAled in the City Clerkts Office.) M~. LAsk moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by M~o Ta-~ and adopted. SALE OF PROPERTY~ The Real Estate Co~Lttee su~Ltted a written report relative to a communicatAon fr~m Mr. J. Patrick Sreelin~ Jr., Overby, AAlst~k & $o~y, ~ncorporated~ offerAng for sale the property from Church Avenue to Kirk Aven~e~ S. W. ~ facing on Second Street~ S. W. ~ recommending that Council direct the C~ty Clerk to respond to Mr. $reslin thanking him for his con- s~deratlon in offering this property to the city but declining to accept the offer at th~s t~me. (For fu~ text~ see report as filed ~n the City Clerkts Office.) ~r. ~sk moved that Council concur in the report. The motion was seconded by Mr. Hubard and adopted. LTBRA~/ES= A report of the Rounoke Public Library ~oard recommending that the City o~ Roanoke establish a Joint policy with the County of ~oanoke providing for the free use of the library system~ operated by the City a~d County for all persons residing in either the City or County~ and trans~tting Information Hemorand~m covering operatlonal functions to be attested as mutually acceptable in a~m~nistering the agree~-nt. (For full text, see report as filed in the city ClerkOs Office.) Mr. H~bard moved that the report be referred to the City Attorney for preparation of the proper m~asure. The motion was seoonded by Mr. Trout and adopted. Mr. Lisk stated that he is of the understaflding that a young person must be either age 13 or in grade 8 before he can obtain a~ adult library card An the cit.%-, and requested that the City Manager ascertain whether this is the case in Ro~noke County a~d, if so, advise as to whether or not the policy could be altered to allow a young person to obtain an adult llbrary card at a~ earlier TAXES: The City Manager and the Director Of Finance sub~tted a ~oint report ~ con~ectAon with the request from the Roanoke Gas Co, any for advice as to how the Company should bill u~der eertaAn stated circu~sta~ces im connection with the new $~,000.00 limit On ut~lAty taxes. (For full text, see report as filed in City Clerk*s Office.) Hr. Hubardmoved that Lhe cc~munication fr~n the Roanoke Gas Company be referred to the City Attorney for a legal lnte~pretation. The motion was seconded by Hr. L~sk and adopted. UNFINISHED BUSINESS: NONE. CONSIDEi~,TION OF CLAIHS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND ~ESOLUTIONS: AIRPORT-EASEMENTS-APPALACHIAN POWER COMPANY: Ordinance No. 22763 authorizing and directing the proper city officials to execute and deliver a certain deed of easement to Appalachian power C~m~any, providing a right Of way for a certain underground electric line or lines from a point just west of the city's Fire Station No. l0 to the location of Piedmont Aviation, Inc.~s new fixed base operation facilities at Roanoke Municipal Airport, Woodrum Field, having previously bean before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offer- ing the following for its second reading and final adoption: ([22763} AN ORDINANCE authorizing and direct~ng the proper city officials to execute and deliver a certain deed of easement to Appalachian Power Company, providing a right of way for a certain underground electrlc line or llnes from a point just west Of the City's Fire Station No. 10 to the location of piedmont Aviation, ~nc.~s new fixed base operation facilities a= Roanoke Maniclpal Airport, Woodru~ Field. (For full text of Ordinance, see Ordinance Book No. Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the followlng vote: AYES: Messrs. Garland, Hubard, Lisk, Ta,~n, Trout and Mayor Taylor .................................. 6. NAYS: None .................... 0. (Hr. Thcunas absent) TAXES-C & P TELEPHONE COM~ARY: Ordinance NO. 22766 amending and reordaining Section 7. Telephone service, Chapter 3. Utility Service Tax, Title Vi, Taxation, of The code of the City of Roanoke, 1956, as amended, to be entitled Section 7, Telephone service~ exemptions, providing for the exemption Of charges for local exchange telephone services from the city's utility service tax, having previously been before Council for its first reading, read and adopted on its first reading end laid over, was again before. the body, Hr. Lisk offering the following for its second reading and final adoption: (%22766) AR ORDINANCE ame/lding and reordaining Sec. 7. Telephone service Of Chapter 3. Utility Service Tax, of Title VI. Taxation, of The Code of the City of Roanoke, 1956, as a~ended, to be entitled Sec. 7. Telephone service~ exemptions, providing for the exemption of charges for local exchange telephone services from the City's uttllty service tax. (For full text of Ordinance, see Ordinance Book No. Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by Hr. HUbard and adopted by the following vote: AYES~ Messrs. Garland~ Hubardu Llskt Ta,,h~uu Trout and Hayor Taylor .................................... 6. NAYS~ None .....................0. (Mr. Thomas absent) BONDS-SCHOOLS-ANNEXATIONs Ordinance No. 22?$8 authorizing a project to provide~ construot~ ~nprove~ extend~ enlarge and equip certain of the public schools of the City of Roanoke a~d authoriz~ng the issuance and sale of general obligation bonds of the City of Roanoke in an aggregate principal amount not to exceed $10,815~000.00 pursuant to the public Finance Act of Virginia, to provide funds to pay the costs of such project, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body. Mr. Lisk moved that action on the second reading of Ordinance No. 22768 be deferred until after the Executive Session of Council. The motion was seconded by Hr. Hubard and adopted. SALE OF PROPERTY~ Ordinance No. 227?0 authorizing end providing for the sale by the City of Roanoke of two certain lots on the north side of Roanoke Avenue, S. W., being Lots No. 1322011 and 1322012 as show~ on the Tax Appraisal Map to Contracting Enterprises, Incorporated, upon certain ter~s and conditions, including the conveyance to the City by Contracting Enterprises, Incorporated, of certain perpetual easements for storm drain and sanitary sewer rights of way and its provision of said storm drain facility, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body~ Hr. Taubman offering the following for its second reading and final adoption: (%22770) AN ORDINANCE authorizing and providing for the sale by the city of Roanoke of two certain lots on the north side of Roanoke Avenue, S. being Lots No. 1322011 and 1322012 as sho~n on the Tax Appralsal Hap, to Con- tracting Enterprises, Incorporated, upon certain ter~ and conditions, including the conveyance to the city by Contracting Enterprises, Incorporated, of certain perpetual easements for stor~ drain and sanitary sewer rights of way and its provision of said storm draln facility. (For full text of Ordinance, see Ordinance Book No. Hr. T~-h~- moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES= Messrs. Garland, Ltsk, Taubm~n, Trout and Mayor Taylor ........................................ 5. NAYS: None .........................0. (Hr. Hubard not voting) (Hr. Thomas absent} Hr. Hubard stated that he abstained fro~ voting due to the fact that Hr. Lucian Y. Grove, President of Contracting Enterprises, Incorporated, is a personal friend of his. F~UIPHENTs H~o Trout offered the following emergenc~ Ordinance providing for the purchase o£ va=lous vehicular ~d related equl~nt fo= use by various depa=~nts of ~e clty~ upon cez~ln te~ and conditions, by accepting certain bids ~de to ~e city for fu~lshing ~d delivering said vehicular equl~b~ and rejecting all o~er such bldss (~22~82) ~ O~I~CE providing for ~e p~chase cE various vehicular ~d related equl~en2 for use by various depa~nbs cE ~e city~ u~n certain te~ and conditions, by accepting certain bids ~de to ~e city for fu~lshing ~d delivering said vehicular e~l~, ~d rejecting all o~eg such bidsi providing for ~e issu~ce of requisite p~chase orders for all such equl~nk~ ~d providing for an ~rgency. (Fo~ full text of Ordln~ce, see Ordin~ce B~k No. Hr. Trout ~ved ~e adoption of ~e Ordinance. The ~ion ~as seconded by Hr. Tarn and adopted by ~e foll~ing voke~ AYES~ Messrs. Garl~d, H~ard, Lisk, Ta~, Trout and Mayor Taylor .................................. 6. NAYS~ None .................... 0. (~. ~s ~sent) AI~ORT= Co~cil having directed ~e City Attorney to prepare ~e proper measure providing for the lease of a certain 3.63 acre parcel of land at Ro~oke M~icipal Ai~ort, Wo~Field, to~. T. Edward Taylor, Sr., ~d~s. Shirley F. Taylor, upon certain te~ ~d conditions, he presented s~e; where- u~n, ~. Trout moved ~at ~e foll~ing Ordin~ce ~ placed upon its first reading: ($22783) ~ O~I~CE providing for ~e lease of a certa~ 3.63 acre parcel of land at Ro~oke M~icipal Ai~ort, W~dr~Field, to~. T. Edward Taylor, Sr., andes. Shirley F. Taylor, upon certain te~ ~d conditions. (For full text of Ordin~ce, see Ordinate Book NO. The motion was seconded by ~. Ta~ and adopted by ~e roll,lng vote: A~S: Messrs. Garl~d, H~ard, Lisk, Ta~, Trout ~d Mayor Taylor ................................... 6. NAYS= None ..................... 0. (~. Tho~s absent) RO~O~ V~Y ~GIO~ ~ SERVICES P~ING COUNCIL, INCO~O~T~- MISC~EOUS: Cocci1 having directed ~e City Attorney to prepare ~e proper ~asure ~ressing ~e Co,oil's support for ~e r~uest by Friendship ~or to ~e State Heal~ C~ssioner ~d State Board of Heal~ for ~e appropriate certification for a 120-bed e~sion of ~e Fri~dship ~or Convalesc~t Center, he presented s~; whereupon, ~. Trout offered ~e following Resolution: (922784) A ~SO~TION e~ressing ~e Co~cil's support for ~e re- guest by Fri~dship ~or to ~e State Heal~ Cn~{ssioner ~d ~e State Board of Heal~ for ~e appropriate certification for a 120-bed e~sion of ~e Friend- ship Manor Convalescent Center. (For full t~t of Resolution, see Resolution Book No. 16 Nfo Trout m~ved tho adoption o£ the Resolution. The ~otion wes seconded by,t r, Hubard and adopted by the following votez AYES~ Messrs. Hubard, Ta~hm~, Trout and Mayor Taylor .......... 4. NAYSz None .....................................................0. (Hessrs. Garland and Llsk not voting) (Hr. Thomas absent) MOTIONS AND MISCELLANEOUS BUSINESSz NONE. OTHER HEARINGS OF CITIZENS= NONE. The Mayor then declared the m~st~g recessed tn order for Council to meet in Executive Session to discuss certain legal matters. At 4=30 p.m., the masting reconvened with the Mayor presiding. BONDS-SCHOOLS-ARNEXATION~ Ordinance No. 22?68 authorizing a project to provide, construct, ~rove, extend, enlarge and equip certai~ of the public schools of the City of Roanoke and authorizing tho issuance and sale of general · obligation bonds of the city of Roafloke in a~ aggregate principal ~mou~t not to exceed $10,815,000.00 pursuant to the P~blic Fin,/lee Act Of Virginia, to provide f~nds to pay the costs of such project, having previously been before Council for its first reading, read and adopted on lt~ first reading and lald over, was again before the body. ~n this cor~nection, the City Attorney submitted a written re~ort advlsin~ of five m/nor changes i~ the wording contained in the Ordinance as it was adopted on its first reading which have been suggested by associatedbond counsel, are agreed to by the Director of Finance~ and thus~ are recommended to be effected by the Council upon, but prior to the adoptio~ of the ordinance on its second reading, viz= a. On pages 2, 3, ?, and 8 of the Ordinance, delete the numeral 6, where it appears within quotation ~arks s~ong with the expression =~-6=, and so that that expression be ~ade to read in each instance 'A-__u. ~ and b. On page 2~ fifth line, after the word mBonds') cha~ge the p~riod diately follow~/lg the parenthesis to a comma and add the follow/ng words, with the series desi~natlon to be completed b~ the Director of Finance prior to the sale o~ the Bonds. (For full text, see report as filed in the City ClerkOs Office.) Hr. Trout moved that Ord/manee No. 22?$8 on its second reading be amended as reco=nuended by the City Attorney. The ~otlon was seconded byMr. Ta~- and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taubman, Trout and Mayor Taylor ...................................... 6. NAYS: None ........................ 0. (Hr. Thomas absent) Hr. Trout then offered Ordinance No. 22768, as amended, for its second reading and final adoption: (J22768) AN O~DINANCE to authorize a project to provide, construct, improve, extend, enlarge and equip certain of the public schools of the City of Roanoke and to authorize the issuance and sale Of general obligation bends of the City of Roanoke in an aggregate prlncipal amount not to exceed Ten Million Eight Hundred Fifteen Thousand Dollars ($10,815,000) pursuant to the Public Finance Act of Virginia, to provide funds to pay the costs of such project. (For full text of Ordinance, see Ordinance Book No. 42, Page 191.} Hr. Trout moved the adoption of the Ordinance as amended. The motion was seconded by Hr. Ta-~n and adopted by the following vote~ AYES~ Messrs. Garlandt Hu~ard, Llsk, Ta-~m~, Trout and Mayor Taylor ................................... 6. NAYSt None ..................... 0. (Hr. Thomas absent) Hr. Ta~n moved that the extract Of the ~lnutes of the meeting of Council held on Monday, March 8, 1976, be approved as su~nitted. The motion was seconded by Hr. Trout and adoptedt Hr. Thc~nas absent. After a brief explanation by the City Attorney, Hr. Trout offered the following Resolution authorizing and directing that certain proceedings be Instituted and conducted to validate certain general Obligation bonds of the City of Roanoke, heretofore authorized by the C~ty Council by Ordinance Nos. 21044, 22391, 22690 and 22?68, pursuant to the Public Finance Act, to provide funds for certain needed public ~nprovements= (~22785) A RESOLUTION authorizing and directing that certain proceed- ings be instituted and conducted to validate certain general obligation bonds of the City of Roanoke, heretofore authorized by the City Co, oil by Ordinance Nos. 21044, 22391, 22690 and 22?68, pursuant to the Public Finance Act, to provide funds for certain needed public Lmprovements. (For full text of Resolutionw see Resolution Book NO. Hr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubardw Lisk~ Taubmant Trout and Mayor Taylor ................................ 6. NAYS= None .................. 0. (Mr. ThOmaS absent) Hr. Trout offered the followlng emergency Ordinance appropriating $9?,000.00 to Annexation School Improvements tinder Section %889, 'Transfers to Capital Improvements Fund,' of the 1975-76 budget, said funds being a portion of the i~ediate request tn the ~mount of $10,815~000.00 submitted By the Roanoke City School Board on February 5, 1976, to Council and will be used for the schemat£c design phase for the proposed Thirty-Month Capital Improvement Program: (~22786) A~ O~DINARCE to amend and reordain Section ~889, 'Transfers to Capital Improvements Fund,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance~ see Ordinance Book NO. Hr. Trout moved the adoption o£ the Ordinance. The motion was seconded by Hr. Taubm~n and adopted by the followlng vote: AYES: Messrs. Garland~ Hubard~ Li~k, Ta,,~m~nw Trout and Mayor Taylor ...................................... 6. NAYS= None ...................... 0. (Hr. Thomas absent} P~DIO-TEI~WISION-C~iltlTIT..~ COuncil having previously reclueated that the City Attorney prepare the proper measure continuing the Regional CAtV Cce~elttee cc~posed o£ representatives of the City of Roanokew Roanoke County and the TOWn of Vinton and confirming the membership of certain representatives of the City of Roanoke on said c~mittee, he presented same; whereuponw Mr. Garland offered the following Reaolutionl (~22787] A RESOLUTION recommending continuation Of the Regional CATV Committee cc~posed of representatives o£ the City of Roanoke, Roanoke County and the Town of Vlnton! and confiz~u[ng the m-mhe, rship of certain representatives of the City of Roanoke on said cold, tree. (For full text of ReSOlUtion~ see Resolution Book No. Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES= Messrs. Garland~ Hubard~ Lisk~ Tauhman~ Trout and Mayor Taylor ................................... 6. NAYS= None ..................... 0. (Mr. Thomas absent) There being no further business~ the Mayor declared the meeting ATTEST= City Clerk APPROVED Mayor COUNCIL~ I%EGULAR MEETTNG, Monday, March 22, 1976. The Council of the City of Roanoke met in regular meeting in the Council Chamber mn the Municipal Bullding~ City of Roanoke, on Monday, March 22, 1976, at 2 p.m., the regular meeting hour~ with Mayor Noel C. Taylor presiding. pRESENT: CouncllJnen Robert A. Garland, WilLiam S. Bubard, David K. Lisk, Nicholas F. Tauhman, Hampton W. Thomas~ James O. Trout and Mayor Noel C. Taylor .................................. ABSENT: None .........................0. OFFICERS PRESENT: Mr. Byron E. Haner, City Manager; Mr. Sam H. McGhee, III, Assistant City Manager; Mr. James N. Kincanon, City Attorney; Mr. J~mes E. Buchholtz, Assistant 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 the Reverend Thomas D. Toler, Jr., Former Baptist Minister. MINUTES: Copies of the ~inutes of the regular meeting held on Monday, March 8, 1976, and the regular meeting held on Monday, March 15, 1976, having been furnished each member of Council, on motion of Mr. Trout, seconded by Mr. Taubman and %%nani~ously adopted~ the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SA~E OF PROPERTY: Mr. Harvey $. Lutins, Attorney, representing Dr. Jack B. Rapoport and Dr. Ronald D. Blu~, appeared before Council relative to a ~atter before the Real Estate Comm/ttee for the acquisition by his clients of property described as 5050 square feet or 0.1159 acre, on the east side of Peters Creek Road, N. W., north of Tennessee Avenue. The city Manager s-hm{tted a written report in connection with the above c~nnuntcation, advising that the Real Estate Committee instructed him to obtain informatlon as to the value of the property in question, to make a recommendation as to whether or not this property should be offered for sale and to name a purchase price, recor~nendlng that the property not be sold or conveyed as it rightfully should be a part of the highway syste~ right of way. (For full text, see report as filed in the City Clerk's Office.} Mr. Lutins stated that in view of the reco~endation of the City F~nager, it is requested that his clients be authorized to lease the property at a figure to be arrived at by Council. The City Manager stated that this would be a much better arrange- ment as far as the city is concerned since the property should stay with the highway system and that he would not ob;~ect to leasing of the property with ~ders~d~n~ ~at ~f ~e c~ty ne~8 ~e property a~ a late~ date, ~e pa~k~ lot~ etc. ~ ~ould ~ r~ved at no ~se to ~e city. ~. ~s ~ved ~ ~e ~eques~ of ~. Lut~n8 be ~efezred to ~al Es~te C~22ee ~d ~e City ~er for study, ze~t ~d ~ec~e~da- tim to Co~cll. The ~t~on ~as seconded by ~. T~-~ ~d ~usly adopted. ~. Lisk s~ted ~t ~e ~equest for sale oE ~e property previously before ~e Real Estate C~ttee~ ~ In all fairness it dec~ded ~at ~e City ~a~er should dete~ne if ~e city ~anted to dis~se of the p~ope~ty ~d ~at he ~ould a~s~ ~t ~e C~tttee ~ould be a~ree- able to havinq ~e ~epo=t c~e back to Co~ctl ~rou~h ~e Ct2y ~i~ a copy to be [o~arded to ~e Real Estate C~ttee and to ~. Hr. Lisk moved ~at ~e ~eport o~ ~e City ~na~er ~ received ~d filed. The ~otion ~as seconded by ~. Th~ ~d ~sly adopted. P~ITIONS ~ C~UNI~T~ONS: SY~ET ~S: A c~icat[on fr~ ~. Re,cea B~e~ P~ope~ty Hana~er~ Spanish T~ace ~pa~n~s, ~eques~ln~ on behalf o~ B~-Bar ~ers of Sp~ish Trace Apar~ts, to c~ge ~e n~ of Old Sp~ish Trail to Ches~ut Station Drive. (For full text, see c~fcat~on as filed ~ ~e City Clerk's Office.} ~. Th~s moved ~at ~e request ~ referre~ to ~e City Pla~ing C~lssfon for study, report and fecundation t~ Co~cil. The motion was seconded by ~. Lisk ~ ~ously a~opted. CO~NTS-BUS~ A c~icatfon fr~ ~s. Sa~a ~onson fn con- nection wi~ ceftin ~ea~ent a sen for citizen passenger received fr~ a bus driver ~d advising ~at s~ething should be done to assure ~at senior citizens will be all~ed to ride ~e buses for one-half far~ at a~l was before Co~c~l. [For full text, see c~icatlon as filed in ~e City Clerk's Office.) ~. Garl~d moved t~t ~e c~icatio~ ~ referred to ~. Jo~ F. Sweeney, Resident ~nager~ Valley Hetro~ for investigation and re~rt to the Board of Directors of Greater Ro~oke Transit C~p~y. The motion was seconded by ~. H~ar~ ~d ~a~ously adopted. BUI~INGS-ZONINGt Co~cil at its re~lar meeting on Monday, ~rch 1, 1976, ~ving referre~ to ~e City plying C~ssfon ~d ~e City M~ager for study~ report and r~c~endat~on a co~icat~on fr~ ~. George E. ~ight, Jr. Presid~t, ~l~e ~d~ ~d D~ Cle~ers~ Inco~orate~, re~est~g a waiver of ~e building restrictions requiring ~e d~st~ce which a new st~cture must set back fr~ ~e street, fn co~ectfon w~ a proposed ~p~sfon of ~e ~l~e Plant locate~ at ~e corner of Wflli~on Road and 10~ Street, N. W., copy of a c~ication fr~ ~. ~ight requesting pe~ssion to wf~draw ~e ~tter, was ~fore Cocci1, (For full t~t, see c~fcatfon as filed ~ ~e City Clerk's Offfce.] H~o Garland moved that Council concur in the request of H~o Knight to withdraw the matter. The motion was seconded by Mr. Llsk and unanimously adopted. UNIFIED H~HAN SERVICES TI~NSPORTATION SYSTEH (RADAR)~ A cc~munica- tion fro~ Mrs. D. M. Erskine, Chairman, Nominating Committee, Unified Human Services Transportation System (RADAR), advising that the by-laws thereof require that two representatives' from each of the Local governments serve on Its Board of Directors, and requesting the names and addresses of the two representatives chosen from the city of Roanoke, was before Council. (For full text, see Communication as filed in the City Clerk's Office.) Mr. Garland moved that the Mayor be authorized to appoint two repre- sentatives of the City of Roanoke to the Board of Directors of RADAR at the next regular ~eettng of Council on Monday, }{arch 29, 1976. The ~otion was seconded by Mr. Thomas and ~naninously adopted. COMPENSATION BOA~D-SHER/FF: A communication frc~ Mr. Paul J. Puckett~ Sheriffw requesting replacements for two persons who will retire frown has office effective March 31, 1976, was before Council. (For full text, see com~unication as filed in the City Clerk's Office.) Mr. Garland moved that Council concur in the request and offered the following Resolutlon: (%22788) A RESOLUTION approving employment of two (2) new deputies in the office of the Sheriff of the City of Roanoke, to fill vacancies to be created by the retirement of two (2) deputies from that office. (For full text of Resolution, see Resolution Book NO. Mr. Garland moved the adoptlon of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Messrs. Garland, Hubard~ Lisk, Ts~,~m~n, Thomas, Trout and Mayor Taylor .................................... 7. NAYS: None ............................ 0. BUDGET-COMMONWeALTH ~ S ATTORNEY-GRANTS: A communication frc~ Mr. Robert F. P~der, Co~nonwealth~s Attorney, requesting an appropriation of $305.73 to cover expected expellees while attending a course on Th~ Prosecutor in Juvenile Court An Arlington, Virginia, advising that a grant request has been applied for through the C~onwealth Attorneys~ Association from the Division of Justice and Cr~me Prevention to cover 95 per cent of these expenses with a five per c~nt local cash ~atch and An the interim, it is r~quested that Coencil appropriate funds for these expenses, was before the body. (For full text, see communication as filed in the city Clerk's Office.) Mr. Tau~man offered the following e_~rgency Ordinance appropriating $305.73 to Travel Expense and Education under Section %122, 'Commonwealth's Attorney,' of the 1975-76 budget: (%22789) AN O~DINA. NCE to amend and reordain Section %122, 'Commonwealth's Attorney,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. KC. Ta~hmA~ moved the adoption of the Ordinance, ~he ~otion vas seconded by KC. Llsk and adopted by the follo~hlg vote: AYe: ~essrs. ~arl~d, H~ard, Llsk~ Ta~n~ ~s~ Trout ~d ~yor Taylor ..................................... ~YS~ None .............................0. S~ ~ S~D~INS~ A c~lcat~on fr~. W~I~I~F. Clerk~ ~oke Co~ty Board of Supe~lsors~ adv~s~g ~at Resolution No. 22~56 was received ~d filed by ~e ~ard ChUrch 9~ 1~76, ~at ~e ~ard Es ~able at this t~e to dete~ne precisely wh~ ~e assets ~d obligations of Roanoke Co~ty ~llc Semite Au~ority w~11 be acquired by ~e Co~ty~ ~d ~t ~e Board has no obje=tiun to ~e City conferring dire=fly wi~ Au~ority ~n regard to value o~ assets of said Au~ority l~ated within City's po~ltical ~daries, was ~fore Co~ci~. (For full t~t, see c~icat~on as filed ~ ~e City Clerk's ~. ~s moved ~t ~e c~Ecation be received ~d filed. The motion was seconded bye. Tarn ~d ~us~y adopted. ~RTS OF OFFICe= ~E~ST~T LIGHTS-STATE HIG~YS~ ~e City~nager s~tted a ~itt~ report rec~nding a tr~sfer o~ f~ds totaling $13,000.00 to for certain street lighting conduits ~d bridge lighting in connection work on ~e Sou~we~t ~res~ay at ~e 23rd Street ~nterch~ge. (For full t~t~ see report as f~led ~ ~e City Clerk*s Office.) ~. Trout moved ~at Co~cil concur in ~e re~rt ~d offered foll~ing ~rgen~ Ordin~ce transferring $~,000.00 fr~O~er Equipment ~der Section %658, 'Street HaEnten~ce,' $6,000.00 fr~Utilities and tions ~der Section ~661, 'street Lighting,' ~d appropriating $~,000.00 to ~uildings and F~ed EquE~nt ~der Section ~661, 'Street Lighting~= of 19~5-76 budget: (%22~90) ~ O~I~CE to ~nd ~d reorda~n Section %658, 'Street MaEnt~ce,= and Section ~66~, 'Street Light~n~,' of ~e 197~-76 Appropria- tion Ordinance, ~d providing for ~ ~rgency. (For full t~t of OrdEn~ce~ see Ordi~ce Book No. ~. Trout~ved ~e adoption of ~e Ordin~ce. Th~ion was seconded bye. LEsk ~d adopted by ~e following vote: AYES= Hessrs. Garl~d~ H~ard, Lisk~ Ta~ Th~s, Trout Mayor Taylor ................................... ~YS= None ...........................0. BU~ET-FI~ D~: The city~nager s~tted a written report rec~ndEng ~at $8,000.00 ~ ~sferred fr~O~er EquE~nt ~der Section t6~8, 'Street ~t~ce~' ~o Nor~west Fire Station in ~e Ca~ital Improve- ~nts Progr~, to provide f~ds to c~plete ~e work of extending ~e fire ala~cable syst~ along AE~ort Access Road fr~Hers~erger Road to ~e Airport Fire Station. {For full t~t, see report as filed ~ ~e city Clerk's Office.) Mr. Trout moved that Council concu~ An tho report and offered the following emergency Ordinance~ (S22791) AN ORDIHA~CE to amend and reordain Section %658, "Street Maintenance,' and Section %889, 'Transfers to Capital Improvements Fund,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordlnencet see Ordinance Book No. Mr. Trout moved the adoption of the Ordinance. The motion vas seconded by Mr. Llsk and adopted by the follo~tng vote~ AYESt Messrs0 Garland, Hubard, Llsk, Ts-~,~-t Thomas, Trout end Mayor Taylor ...................................... NAYS~None ..............................0o BUDGET-STADIU~{: The City Manager sub~itted a written report request- ing that $3,?00.00 be transferred from Extra Help tn Supplies and Materials under Section %666, "Grounds Maintenance," Of the 1975-76 budget, to provide funds in connection with the purchase of bermuda grass sod to improve the foot- ball field at Victory Stadium, and that Council concur in this plan. (For full text, see report as filed in the City Clerk's Office.) Mr. Liskmoved that Council concur in the report and offered the following emergency Ordinance: (%22792) AN ORDINANCE to amend and reordain Section ~666, "Grounds Maintenance,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Ta.,h~n, Thomas, Trout and Mayor Taylor ....................................... ?. NAYS: None ............................... 0. BUDGET-PLANNED PA~ENTHOOD OF THE ROANOKE VALLEy: The City Manager s%~hmltted a written report recom~ending that $2,004.00 be appropriated to Planned Parenthood Services under Section %540, "Title XX,' of the 1975-76 budget, to provide funds in connection with the purchase of certain counseling and educatlonal services including planned parenthood knowledge, fremplanned Parenthood of Roanoke Valley, Incorporated. {For full text, see report as filed in the City Clerk's Office.) Mr. Garland moved that Council concur in the report and offered the following e~ergency ordinance: (%22793) AN ORDINANCE to a~end and reordain Section %540, "Title XX," of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. N~o Carland r~ved the adoption of the Ordinance, The motion was seconded by ~tr. Llsk and adopted by the following vote= AY~ Messrs. Garland~ H~ard, Llsk~ Ta-~n~ ~s~ Trout ~a ~yor Taylor ................................... ~YS~ None ............................... B~ET~S-CIRCUIT COURT~ ~e C~ty ~ager s~tt~ a written re~rt re~nd~ng ~at ~1~91~.36 ~ a~propr~ate~ to ~ca~ cash ~tch ~der Section ~116~ 'C~rcu~t Co~t~' of ~e 19~-~6 budget~ to provide f~ds ~n co~ect~on w~ ~e p~chase oE ~tal detectors and co~tr~ ~o~ syst~ for ~e C~rcuit Court. (For full t~t~ see report as [lied ~n the C~ty Clerk's Off~ce.} ~. ~out moved ~at Co~c~l concur in ~ report and offered foll~ing ~ergen~ Ordin~ce appropriat~ng $1,9~8.36 to ~cal Cash Match ~der Section ~116, 'Circuit Cou=t~' of ~e 19~5-~6 budget: (%22~94} ~ O~I~CE to ~nd ~d reorda~n Section $~16, 'Circuit Court,' o[ the 19~5-~6 Appropriation Ordinate, ~d providing for ~ ~erg~. ~or full t~t of Ordinance~ see Ord[n~ce ~k No. ~. Trout ~ved the adoption of ~e Ordinate. ~e motion was Seconded by ~. Lisk an~ a~opte~ by the fo~low~g vote= AYES= Messrs. Garl~d, H~ard~ Lisk, Ta~n, Th~s~ Trout ~r Taylor ....................................... ~YS: None .............................. 0. ZONING= The City M~ager s~tted a ~itt~ report in co~ect~on ~ ~ re.est of ~. B~y J. S~g[d for ~e~ssion to res~ part-t~e ~ad[o ~d telev~sion r~pair work in h~s h~e at 2423 Or.ge Avenue, N. W., recording ~t the r~quest be den~ed, however, said re.est would ~ in ~ep~g w~ Co~cil~s ~tent wh~ ~e Zoning Ordin~ce was ~ded to pe~t activities of ~s nature at ~e ~leas~e of ~or full t~t, see report as filed in ~e City Clerk's Office.) ~. Ta~ moved that Co~c~l ~ke ~ exception for ~at he be allowed to do ~[s part-t~ repair work in his h~. The motion was seconded hy ~. Garl~d ~d ~an~ously ~. Tarn fur~er moved ~at ~e ~tter be referred to ~e City Attorney for preparation of ~e proper measure. The ~tion was seconded by ~. Garl~d ~d ~ously adopted. C~S-PUBLIC ~: The City ~ager ~d ~e city A~torney s~tted a Joint re~ort in co~ection wi~ a certain cla~ of Dillard aga~st ~e city for e~enses incited as a result of his effort to help a welfare recipient, advis~g ~at such ~ses were~ so far as dete~ned, vol~ta~ on ~. Dillard's part ~d ~at no moneta~ obligation has ~r~sen against ~e city as a result of ~e cla~ ~d r~co~end[ng ~at Co.oil d~y s~e If it be considered necessa~. ~For full t~t, see re~ort as filed ~n ~e City Clerk's Office.) H~. Garland mo~ed ~hat Council receive and file ~he report .and conom: in same. The motion was seconded by l~Co ~hcanas and tmanimous.ly adopted, ANNEXATION-ZONINGt The City ~anager eu~lttod a written report in connection with a request of Hr. R. R. Quick for a building permit for constr~c- tion of townhnuses In the Arrow Woo~ develol~nt on Lots 4A, 4R, 4C, 4D and and concurring in the lesuance of said permit. {For full text, see report as filed in the City Clerk*s Office.) Mr. Trout offered the following Resolution approving the issuance by the Building Ccmm~lesioner to JHC Construction, Incorporated, of building permits applicable to Lots 4A, 4B, 4C, 4D and 4E, a~cording to Map No. 4 of Golfside Villas, being a redivision of the northeast part of Lot 7, Block 10~ Map Of Arrow Wood, situate on the north side of ~anch Road, N. W., authorizing construction on and use of said lots in accordance with the reg~latlons con- tained tnthe city's Zoning Ordinance, its Building Code and other general Ordinances applicable in the premises, and authorizing such special exceptions in use as may need be determined by the Board of Zoning Appeals for such dis- trict= (~22795) A RESOLUTION approving issuance of certain building per~fts pursuant to Sec. 114.10 of t~e BOCA Basic Building code/197~, as amended. (For full text of Resolution~ see Resolution Rook NO. Hr. Trout moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote= AYES: Messrs. Garland, H~bard~ Ltsk, Tau/~u~/1, Th~s, Trout and Mayor Taylor ................................... NAYS: None ........................... 0. AUDiTORIUM-COLISEUm= The City Manager sub=Litted a written report recc=~ending adoption of a certain rate and service fee schedule for the Roanoke Civic Center, to be effective on all new contracts negotiated after the date of adoption of the appropriate Ordinance. (For full text, see report as filed in the City Clerk's Office.) In this connection, a report of the Roanoke Civic Center and Stadiu~Advisory Co~mission, also recommending that the new schedule of service fees and rates be approved. (For full text, see report as filed in the City Clerk's Office.) Mr. Lisk spoke against the increase in rates, advising that he can appreciate that the Co~fesion and the Civic Center mz~nagement are trying to reduce the Operating deficit as much as possible; however, another formula needs to be included and that is people participation, that this increase would throw the burden more on local citizens and organizations and would place an undue hardship on them in that the proposed increased rental rates will make it much more costly for local citizens and rather than rais£ng rates he would prefer that the co=mlfssion again explore the feasibility of a fifty cents civic center parking fee and soliciting for~re outside activities. ~o John A. ~elle¥~ H~b~r o£ the Roanok~ Civic ~n~er have voted in ~e ~no~lt~. ~, ~elle~ ~en2 on to s~te ~a2 the big evers ~ a larger ~t of slating In ~e Colise~ ~ve a ~a~ o~ dra~g much la~ge~ c~ds ~d c~ stud ~e increase bu2 In ~e case of ~e ~here ~e~e Is a l~ted n~e~ off seating ~d a n~r off local t~nq to put on events ~ ~he ends ~eb such as ~e Roanoke S~phon~ ~e ~sday Ho~ln~ Hus~c Club, ~e Virginia ~ior ~lss~ ~e K~anl~ Travel~e~ etc., these are the groups ~at wouXd have to bear ~e burden~ ~at if considers the total deficit in relation to what ~e city will save by ~ing option to decrease ~e deficit would ~ by ~e city t~ing over the operation of ~e concessions which ~uld ~o~t to approx~tely ~50,000.00 ex~a ~d ~is, along wi~ ~e a~ni~trat~on ~ing v~ careful wi~ e~enditures in ~int~ce, custodial se~ices and utilities would help ~n defraying ~at ~d he ho~s Cocci1 will see fit not to ~pose the increased rental rates. After ~ns~derabl~ d~scussion of the ~tter, ~. Llsk ~ved ~at ~e city not ch~ge ~e ~i~tlng rates as ~ey stud for civic disco~ts but request ~at ~e Roanoke Civic Center ~d Stad~ Adviso~ C~ssion reconsider ~e ~ossibtlity of instituting a fifty c~ts Civic Center parking charge ~d ~at more outside activities be solic~ted. The motion was ~econded by ~. Trout ~d adopted by ~e fo~l~ng vote= AYES: Messrs. Garl~d, ~sk~ Th~s, Trout and Hayor Taylor .... NAYS: ~essrs. H~ard and T~n ................................ Relative to ~at port~on of ~e motion ~ealing wi~ sollc~t~ng more outside activit~es~ ~. Th~s inquired as to ~e status of f~l~ng ~e ~sition of Pr~otions M~ager~ whereupon, ~e City ~ager replied ~at approxi~tely 125 applicatlons have ~en filed, ~at ~e n~er t~s be~ screwed and is n~ do~ to 12, ~at he will be ~rking wi~ ~e Cha~ of ~e Ro~oke Center ~d Stadi~ Advlso~ C~iss~on during ~e n~t week in an effort to screen ~e n~er d~ eve~ further ~d he will ~en ~vite s~e of ~e appl~c~ts for fo~l ~nte~ews, ~at ve~ few applicati~s have been received from persons wi~ prior e~erience ~d it is ho~ed ~at ~e position w~ll be filled within ~e next s~x weeks. ~. ~sk ~ved ~at ~e 'Ro~oke Civic C~ter - Se~ices Fee Schedule= be adopted by Cocci1 as recorded by ~e City M~ager ~d ~e Ro~oke civic C~ter ~d S~di~ Adv~so~ C~Ssion. The motion was seconded by ~. Garl~d and ~an~ously adopted. ~. Lisk fur~er moved ~at ~e report of ~e ~o~oke Civic C~ter ~d Stadi~ A~v~so~ C~ss~on be received ~d f~led. ~e ~t~on was seconded by ~. Trout ~d ~ously adopted. FI~E DEPARTMENT= The Clty Hanager su~aitted a written report transmitting an Ordinanco providing for the lease of property at 4308 Appleton Avenue, N. W.t for use as a temporary fire station. Hr. Thomas offered the following e~ergency Ordinance authorizing and providing for lease by the city Of said property= ([22798) AN ORDINANCE authorizing and providing for lease by the city Of cortain property located at 4308 Appleton Avenue, N. W., In an area recently annexed to the city, from the owners of said property, to be used as a temporary fire station for the city's Fire Department, upon certain terms and conditions! and providing for an emergency. (For full text Of Ordinance, see Ordinance Bock No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. hisk and adopted by the following vote= AYES~ Messrs. Garlandt Hubard, hisk, Taub~an, Tho~s, Trout and Hayor Taylor ................................... 7. NAYS= None ........................... 0. AIRPORT= The City Manager submitted a written report requesting authorization to enter into a supplemental agreement with the FAA to License Contract No. DOT-FA?3EA-?023, relating to the installation of a localizer facility at the airport, said supplemental agreement providing a certain designated 30-foot wide right of way from the end of Runway 15 to the localizer site. (For full text, see report as filed in the City Clerk's Office.) Mr. Trout moved that the following Ordinance be placed upon its first reading= ([22?97) AN ORDINANCE authorizing execution of a supplemental agree- me~t, Supplement No. l~ to the city's License Agreement No. DOT-FA?3EA-?023, dated March 1, 1973, with the Federal Aviation Adm/-nistration providing for a right of way to serve the Federal Aviation Ad~inistration~s Loealizer facility for Runway 33 at Roanoke Municipal Air~ort, WoodrumField. (For full text of OrdInance~ see Ordinance Book No. The motion was seconded by Mr. Lisk and adopted by the following AYES= Messrs. Garland, Hubard, Lisk, Taubman{ Thomas, Trout and Mayor Taylor ..................................... NAYS: None .............................. 0. SERVICE CENTER= The CitY Manager sub~tted a written report concurring in a report of the B£d Committee recommending that the low bid of Blue Ridge Stone Corporation for furnishing approximately 10,000 tons of cr~/sher run stone for the new Public Works Service Center, in the a~ount of $26,000.00 ($500.00 credit possible), be accepted. (For full text, see reports as filed in the City Clerk's Office.) Mr. List ~oved that the reports be referred to the City Attorney for preparation of the propermeasure. The ~otion was seceded bye. Garl~d ~d ~usly adopted. C~CIL: The City ~ager s-~ttted a ~ltten re~t ~equesting ~ ~ecutive Session ~1~ ~e m~rs oE Co~cll to discusa a real estate ~. Th~s ~ved ~at Co~cil concur In ~e request o~ ~e City ~e motion was seconded bye. H~ard and adopted by ~e following Mayor Taylor ...................................... ?. Attorney suk~nitted a written report advising that proceedings have been instituted to obtain judicial determination of the validity of the parking facility, the jail and the school bonds recently authorized to be issued~ and that a hearing has been set hy the Circuit Court for April 8, 1976t at (For full text, see report as filed in the city Clerk's Office.) was seconded by Mr. Lisk and unanimously adopted. as submitted is made appllcable to that under agricultural use only. Mr. Thomas moved that the following Ordinance be placed upon its (S22798) AN ORDINANCE amending Title VI. Taxation, of The Code of the City of Roanoke, 1956, as amended, by the addition of a new chaptert to be applications; imposing roll-hack taxes on such real estate, and providing this Ordinance. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Trout and adopted by the following AYESz Nessre, Garland~ Huba~d~ Llsk~ Taub~an~ Yho~ast Trout and Hayer ?aylorg ................................. 7, NA¥Sz Hone .......................... 0o H~. Hubard moved that ~he City Clerk~ with the advice and assistance of the City Attorney, be Instructed to notify by mail the approximately 18 land owners in the annexed area who are Interested In the agricultural roll-back provision and who have previously filed applications with Roanoke County. The motion was seconded by Hr. Lisk and unanimously adopted. ANNEXATION-ZONINGs The City Planning Commission submitted a written report in connection with zoning for the remaining annexed properties, advis- ing of a special public hearing of the Planning Commission on March 31, for the consideration thereof and transmitting a schedule map and table delineating the zoning for said annexed areas. (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 Hr. Trout and unanimously adopted. TRAFFIC-STREETS AND ALLEYS~ The City Planning Commission submitted a written report concurring in a report of the Planning Department and the Street Division that a section of Church Avenue peraittin9 eastbound traffic to enter Second Street, be closed with the extension of curbing and a sidewalk. (For full text, see report es filed in the City Clerk's elides.) Hr. Lisk suggested that it might be well to delay action on the report until it is known whether or not the city will e~IUire the surplus post office property on Church Avenue and moved that action on the report be deferred until a later date. The Motion failed for lack of a second. Hr. Carland moved that Connc'il hold a public hearing on the matter on Monday, April 26, 1976, at ?:30 p.m., and that the City Attorney be in- structed to prepare all necessary legel documents in connection therewith. The motion was seconded by Hr. Trout and adopted, Hr. Lisk votin~ no. pLANNING: The City Plannlng Ccam~i~sion submitted a written report transmitting a status report of the Planning Department on the Comprehensive Plan. (For full text, see reports as filed in the city Clerk's Office.) Hr. Hubard moved that the reports be received and filed. The motion was seconded by Hr. Garland a/Id unanimously adopted. ZONI~G-COMPLAINT$~ The City Plannin9 Commission sutxaftted e written report recommending the followin9 mnendment to the Zoning Ordinance relative to abandoned aotomobiles: ~9 3O =Ho prOlMrt¥ zoned for Reeidentia~ or ~d~e~a~ purposes shall be used fo~ the por]~ng o~ 8~age licens~ o~ no~ d~spla~g a valid ~spe~ ~l~ss sa~d vehicle ~ ~arke~ or o~ored enclose~ building or be screened so as not to p~lic view frm ~y p~lic stree~ or road~ or property.= {Fo= full text~ see report as filtd ~. H~ard~ved ~t a p~li= hearing ~ held on ~e mtter on HondaF~ ~rll ii, 1976~ at ~30 p.m. ~e ~tion wis seconded bye. ~sk ~d ~usly adopted. ~. T~-~n ~ved ~t ~e City Attorney be lnstn~ted to prepare all ne=essa~ leda1 d~nts In couectlon ~er~wi~. ~ ~tion was seconded by Mr. ~i~k and ~usly adopted. AUDITS~ The Director of Pin.ce s~tted a financial re~rt for the mon~ of Februa~ 1976. (For full t~t, see report as filed iff ~e city Clerkts Office.) ~. Trout ~ve~ ~at ~e report be received an~ filed. The motion was seconded by ~. Lisk and ~an~ously adopted. A~ITS-PUBLIC ~ The Director of Fin~ce s~tted a mon~ly statist of ~ditures for p~lic Welfare for ~e ~n~ ended Februa~ 1976. (For full t~t, see stat~nt as fil~ in ~e City Clerk*s Office.) Mr. Ta~novea ~t ~e statist be received ~d filed. The motion was seconded by Hr. Trout ~ ~ously adopte~. AUDITS-T~ES-CI~ H~-LIB~ES= The H~icipal Auditor s~itte~ a written report ~s~ttlng reports for recently c~plete~ audits on cigarette tax revanues~ d~ tag sales revenues, City Nursing H~, ~d Ro~oke P~lic Libra~ Fo~datlon. (For full text, see reports as filed ~ ~e City Clerkts Office.) ~. Trout moved ~at the reports b~ receive~ ~d filed. The ~tion was 5~conded bye. Lisk ~d ~ously adopted. ~PORTS OF ~ORT: The Airport Adviso~ C~ssion s~tted a ~itten report in co~ection wi~ ~e a~ual privilege fee charged to fixea base operators or agents doing bus.ess at Ro~oke H~icipal Ai~ort, Wo~r~Flel~r rec~end- ing ~at Cocci1 concur in ~e c~ission*s approval of an at~ched report fr~ ~e City M~ager ~at collection procedure be continued ~d be paid as assessed by ~e c~rent inte~re~on of ~e city Code by ~e a~nistration wi~ specific questions being constder~ in consul~tion wi~ ~e City Atto~ey. (For full text, see reports as filed ~ ~e City Clerkts office.) Mr. Trout moved ~at Co~cil concur~ ~e rec~dation of ~e ~r- port ~vlso~ C~ission. ~e motion was seconfled by ~. Ta~ ~d ~ous- ly a~opte~. AI~PORTz The AlrporbAdvisor~ Commission su~n~tted a~ltten ~eport ~ co~ectlon wl~ selling of adve~tis~g space at ~e al~t, rec~ndlng ~at Co~cll establish certain specified rates including ~e st~dard dlsco~t c~ssion ~d au~orlze ~e a~nis~ation~ ~rouqh ~e ai~ s~ff, to sell advertising space using a fom of selling agre~ent to be approved by City Atto~ey. (For full t~t, see re~rt as filed ~ ~e City Clerk's Office.} ~. Trout~ved that Co~cll conc~ In ~e rec~ndation and offered ~e roll.lng Resolution~ (~22799) A ~OLUTION concurring wl~ ~e rec~dations confined in report of ~e Airart ~viso~ Ca~tssion~ es~lishing by refer~ce rates, rules and regulations relative to ~e sale ot advertising space at Ro~oke H~iclpal Ai~ort, Woo~ Field, as set out In attac~ents to said reportl ~d au~orizing the City~ager ~ough ~e ~ort Hanager to sell advertising space at ~e Ai~ort. (For full t~t of Resolution~ see Resolution B~k No. ~. Trout ~ved the adoption of ~e Resolution. The ~tion was seconded by ~. Ta~ and adopted by ~e following vote: AYES~ Hessrs. Garland, H~ard, Lisk, Y~,,~ Th~s, Yrout and Mayor Taylor ..................................... 7. NAYS~ None ............................0. AI~ORT= The Ai~ort Adviso~ Co~ssion s-~ttted a written report in co~ection wi~ a proposal received fr~ Bedford Flying Service, Inco~rated, and Air Tr~sport Associates to provide a full service fixed base operation at Roanoke M~icipal Ai~ort, Wo~ Field, ~ing reference to a c~ication fr~ ~e City H~ager advising ~at ~e pro.ssi as s~mitted not satisfacto~ and ~at ~e C~tsslon ~d Cocci1 t~ do~ said proposal, ~inting out ~at ~. Glen ~hrens of Bedford Flying Se~ice ~s requested ~at ~e proposal be kept in an active status in order to provide more for possible revlsion~ advising ~at ~e C~ssion concurs wi~ ~e points raised tn ~e c~icatton from ~e City M~ager ~der date of Harch 2, 1976, as to needed ch~ges ~ ~e pro.sa1 ~d voted to keep ~e ~tter pending for ~ additional six monks to all~ suffici~t t~ for possible revisions ~e proposal. (For full text, see report as filed ~ ~e City Clerk's Office.) Hr. Trout moved ~at ~e report be received ~d filed. The motion was seconded by ~. Lisk and ~an~ously adopted. AI~ORT= The Ai~ort Adviso~ C~ssion s~tted a written re~rt concurring wi~ a report of a co--tree appo~ted to t~ulate bids relative to ~e access road, water line and sewer line to ~e new f~ed base facility of Pie~ont Aviation, Inco~orated, rec~ending ~at ~e 1~ bid of H. T. ~wling, Inco~orated, in ~e ~o~t of $69,649.38, be accepted. (For full text, see report as filed in ~e City Clerk's Office.) 31' Tho Assistant City Hanagsr stated that the city has received notifica- tion that it ~ay b~ possible for ua to receive highway department funds for an industrial access road on this section of roadway but we do not stand a chance of gettin~ those funds if a contract is awarded at this point and suggested that Council hold the ~atter in abeyance until a further report can bs eubmitt~o In light of the above information, Hr. Trout moved that the re~ort be held in abeyance until a later date. The motion was seconded by Hr, Llsk and unanimously adopted. POLICE DEPARTM~NT-INTEGRATION-SEG~EGATIONz The Community Relations ¢~lttee s-h~ttted a written report transm~tting four reco~ndations in connection with the proposal of the Reverend Leroy C. Roberts regarding forma- tion of a Task Force for Crine Prevention in the City of Roanoke. {For full text, see report as filed in the City Clerk's Office.} Hr. Thomas moved that the City Attorney be instructed to prepare the proper measure providing for the appointment of a Steering Conm~tteo to study the concept, formation and structure of a Citizens~ Task Force for Cr~me Prevention and Social D~volopment, said measure to be presented to council at its next regular meeting on Monday, }larch 29, 1976. The motion was seconded by,tr. Lick and unani~ously adopted. Hr. Hubard questioned the Director of Safety and Security as to whether or not the formation of such a Task Force would interfere with his work as Director of Safety and Securlty~ whereupon, he replied that he could foresee no problems. Upon question, }tr. ThOn~as stated that it was the intention of the Community Relations C~ittee that each me~ber Of Councll would appoint one member to the Task Force. pLANNING-SWLM~ING pOOLS: The co, tree appointed to tabulate bids received for the construction of municipal swimming pools in Washington Park and Fallon Park submitted a written report recccm~ending that the low base bid of Days Construction Company, Incorporated, in the a/~ount of $773,900.00 be accepted and a contract awarded, subject to the availability of the additional $304,000.00 in construction funds required. (For full text, see report as filed in the City Clerkts Office.) Mr. Taubman raised the question as to what the operational costs of these two pools will be and how that fits into the n~xt fiscal year budget. The City Manager replied that it will COSt about $91,600.00 to operate both poo15 annually, that he does not know where t~e money will cc~e from in the next fiscal year budget, that these figures are based on the pools being open from 9=00 a.m., to 6:00 p.m., three months per year, and if they are kept open another three hours per day, then 25 percent would have to be added to the $91,600.00. Hr. Taub~an moved that acceptance o[ the bid be postponed u~t[1 Council completes its budget study sessions for the 1976-77 fiscal year and th~til the Council is in a better position to judge whether or not the city can afford such operating expenditures in its 1976-77 budget a~d that the City Manager also be requested to s"~mtt a prompt report to Council as to his recc~nendatione relative to ~he ~atter. The motion was seconded by ~r. Hubard and unanimously adopted. Ouestiun was raised as to ~nether or not the bidders will wait for several weeks until the city can ~ke a det~rmination as to whether sufficient funds will be available and the Assistant City Hanager s~ated that he would cheek into the m~tter and advise Council accordingly. Upon question from Hr. Garland, Hr. William G. Kuthy~ Assistant Hanager of City Plan~lng~ stated that these funds for fiscal year 1975-76 may be carried over and added to the Community Development funds for 1976-??. Hr. Ta~,hm~n stated that he is reco~nending deletion of the sw/mm/ng pools temporarily rather than raising real estate taxes since the City Hanager has indicated that if there is a larger deficit in the budget, an increase in the real estate taxes is the only way he can cover that deficit. Hr. Trout stated that he will not support the construction of the two swiping pools if it means an increase in real estate taxes. UNFINISHED BUSINESS: CITY CLERK-CITY EMPLOYEES: Council having previously requested that the City Attorney suhmit a report relatlve to a communication under date of April 29, 1974, from the City Clerk transmitting a list of ftractions recom- mended to be transferred from her office and placed in other appropriate city departments, Hr. Hubard requested that the City Attorney present Coancil with a status report on the ~atter. The City Attorney stated that most of the items on the list are ~atters that grew out of custom over the years, that as far as the selling of these various codes, the city Clerk is only reql~ired to keep a copy of each code adopted by reference by the Council on file in her office and ehe is not required to sell same, that most of the items are adm~nlstratlve matters and he would be willing to meet with any interested party in an effort to provide clarification. Hr. Hubard moved that the City Attorney be requested to ex~dlte the handling of this matter and at his earliest convenionce, advise the Council in writing which of these ite_~s will require a change in the City Code, City Charter or other procedure to authorize the City Clerk to transfer these items out of her office. The motion was seconded by Hr. Ta~fl~man and ~nan/mously adopted. DIRECTOR OF FINANCE-TREASUHER-COMMISSIONER OF I~"~JE= On July 14, 1975, Council requested that the City Attorney advise as to how it ~ight consider abolishing the Offic?s of the City Treasurer and the camm/ssioner of the Revenue with advice as to alternatlves thereto, Hr. Hubard called atten- tion to a Communication fro~ the City Attorney under date of October 13, 1975, wherein it infers or states that the city functions from these two offices could be transferred to the Office of the Director of Finance or another ad~lnistrative office vl~hout a referendtm but the r~port does not specifically advise as to what City Charter or CLty Code changes would have to be ~de and requested ~at the C[2~ Atto~ey provide ~e Co~cil w~ a re.ri rela2~ve thereto. ~e City Attorney stated ~t he felt he ~d d~spersed ~tter In his ~to~r~ 19~5% re~rt to ~e Co~cll~ ~at he ~ what ~e Co~c~l now has ~n ~nd, ~at he will be glad to consider ~tter once again and requested ~e assls~ce of ~e C~ty ~a9er ~d ~e Digecto: o[ F~n~ce as to ~e~r ideas conce~g ~e ~tter. Hr. H~ard~ved ~at ~e C~ty Atto~ey be re~ested to review his various opinions on ~is ~tter ~d at h~s earliest convenience advise ~e Co~cil ~n writing as to what City C~e ~d/or C~ty Charter ch~ges need to be ~de in order to tr~sfer fr~ ~e Office of ~e Treas~er ~d ~e C~ss~oner o[ the Revenue to ~e Off~ce of the Director of F~n~ce ~ose f~ct~ons ~n two constitutional offices ~at c~ ~ transferred as ~ey relat~ to ~e city's f~n~c~al affairs. The motion was seconded by ~. Ta-~m~n ~d ~an~ously adopted. CITY ~-P~O~L= Co~cil ~ving previousl~ requested ~ City }~ager, City Attorney ~d P~so~el Board s~t a re~ort to on Monday, March 22~ 1976~ relative to any ch~ges ~ey consider necessa~ ~n the griev~ce procedure as contained in Ord~n~ce No. 2~58[ ~d Resolution No. 2~582 adopted on J~e 10, 1974, ~e ~tter was before ~a ~y. In ~s connect~on~ a report o~ ~e Persoanel Board requesting a delay ~n presenting a report to Co~c[1 ~til Monday, March 29, 1976, was before ~e b~y. (For full text, see co~[catlon as filed in ~e City Clerk's Office.) ~. ~o~s moved ~ Co~c~l concur ~n ~e re~est. The motion was =econded by ~. Trout and ~an~ously adopted. CONSIDE~T[ON OF C~= NO~. INTRODU~ION ~ CONSID~TION OF O~IN~S ~ ~SOLUTIONS= AI~ORT: Ord~n~ce No. 22783 providing for ~e ~ease of a certa~ 3.63 acre parcel of land at Ro~oke M~c[pal ~ort, Woo~Field, to~. T. Edward Taylor, Sr., andes. Shirley F. Taylor, upon certain te~ and conditions, having previously been ~fore Cocci1 for its f~rst reading, read ~d adopted on i~ f~rst reading ~d laid over~ was again befor~ ~e ~. Trout offering ~e fo11~[ng for its Second read~g ~d final adoption: {%22783) ~ O~I~CE prov~ding for ~e lease of a cer~in 3.63 acre parcel of land at Roanoke H~[cipal~ort~ Woo~F[el~, to~. T. Edward Taylor, Sr., andes. Shirley F. Taylor~ u~n certa~ te~ and conditions. (For full t~t of Ordtn~ce~ see Ordin~ce Book No. ~. Trout moved ~e adopt~oa of ~e Ord~ce. The motion was seconded bye. Tarn and adopted by ~e foll~g vote: M~or Te~ior ........................~ ......... REGIONAL JAIL~ Council having directed the City Attorney to prepare the proper measure authorizing and direct~ng the Sheriff of the City of Roanoke to ~pose and collect a per diem charge for each prisoner housed in the Roanoke city jail pursuant to direction or request of any political sub- division other than the city, upon certain te~ and conditions, he presented same~ whereupon, Hr. T~out offered the follo~ing Resolution~ (122800) A I~ESOLUTION authorizing and directing the Sheriff of the City of Roanoke to bose and collect a per diem charge for each prisoner housed in the Roanoke City jail pursuant to direction or request of any political subdivision other than the city! upon certain te~ and conditions. seconded by Hr. Lisk and adopted by the following vote: Mayor Taylor ..................................... 7o NA¥S~ None ............................. 0. conditions, he presented same~ whereupon, Hr. Lisk moved that the following OrdLnance he placed upon its first reading= {J22801) AN O~INANCE authorizing conveyance of the cityte former Belmont Elementary School property, located at 724 Dal~ Avenue, S. E., and conditions. The motion wes seconded by Mr. TaU~an and adopted by the following COMMITTEES~ Vacancies on the Housing and Hygie/le Board~ the Fair E~loy~ent Practices Committee, the Personnel Board, the Advisory Board of Public Welfare, the Citizens~ Advisory Co~lttee, the Co--unity Relations Com- ~ittee~ the Roanoke City School Board and expirations on the Fair Housing Board were before the Council. H~. Th~aas ~oved that action on the va¢&noles and expirations be deferred until the regular meeting of Council on Mondsy~ April 5, 1976. The motion was seconded by Hr. ~.isk and ~ulan~mously adopted. COMMiTTEES-INTEGrATION-SEGREGATION= The Mayor called to the attention of Council that there is a vacancy on the Cc~ulity Relations C~ittee for a term ending July l~ 1976~ due to the death of Hr. William C. Thomas and called for nominations to £111 the vacancy. Hr. Thcmms placed In nom~nation the name of Hr. Dennis ~ontgomery. There being no further nominations, Hr. Deunis Montgomery was elected as a ~her of the Community Relations Cammittee to fill the unexpired term of ~r. William C. Thomas ending July 1, 1976, by the following vote= FOR HR. MONTGOMERY= Hessrs. Garland, Hubardt Llsk, Ta-~-, Thomas, Trout and Mayor Taylor .............................. 7. LIBRA~LIES: The City Clerk advised that Mrs. Ralph K. Bowles, Dr. Leo Platt and Mr. W. Cou~tney King, Jr., have qualified as ~e-mbers of the Roanoke p~blio Library Board for terms of three years each ending June 30, 1978. Mr. Thomas moved that the report he received and filed. The motion was seconded by Hr. Lisk and unanhuously adopted. OTdER HEARI~tGS OF CITIZER$: SEWERS AND STO~H DRAINS-ANNEXATION= Hr. Charles R. Httchell, a newly annexed resident, appoared before Council a~d stated that in early January, 1976, he appeared before the Co~ulcil and requested that the city pick up the difference between the rates charged by the Roanoke County public Service Authority for sewage treatment as opposed to the rates that would be imposed by the City of Roanoke for the sam~ service, that at that t~e there appeared to be s0~e sympathy on the part of Council to assist these citizens and inquired as to what has happened s~lce he first appeared before Coancil. Hr. Garland moved that the Director Of plna~ce he instructed to make a deter~L~natlon as to what the cost would be to the City of Roanoke to pick up the difference b~twee~l what the newly annexed residents now pay to the Roanoke county public Service Authority for water and sewage as opposed to what the rate would be in the City of Roanoke for the same service. The motion was seconded by Hr. Trout and unanimously adopted. Mr. Thomas stated that Council referred this matter to the Water Resources Committee and the Con=nlttee is now in the process of negotiating with the Authority for the purchase of the lines. ~. T~-~m~n moved that the request of Hr. Mitchell be reconsidered anew by the Water Resources Committee at its ~eeting on Wed/lesday, April 7, 1976. The motion was seconded by Hr. Hubard and unan/_mously adopted. H~. Mitchell stated that it ~ght be cheaper for the city to s~sidize ~e higher b~lls fo~ ~e a~exed resid~t8 ~ 12 vould ~ to buy ~e se~er lines ~n ~e a~ed area and ~. ~s advised ~t he fei2 It ~ould be chea~r In ~e long r~ to bu~ ~e lines. The City Atto~e~ pointed ou~ ~a~ ~e ~ation court ~de no ch~ge In ~e arrang~nts ~tween ~e ~l~c Se~ce Au~ority ~d ~e newly ~nexed residers. ~. Mitchell ~en urged ~at ~e city jo~ ~e sewer serfs in ~e pending su~t challenging the ~oke cowry P~l~c Se~ce Authority. ~. Lisk r~uested ~at ~e C~ty Attorney e~lore ~e feasibility of ~e City of Roanoke joining ~n ~e su~t which ~s p~ding ~n federal court pertaining to the 'sewer serfs' ~d ~e Ro~oke Cowry P~lic Se~ce Au~ority ~ an effort to clarify the ~tter ~d ~at ~[s re~rt be s~tted to Co~c~l prior to ~e April 7, 1976, meeting of ~e Water Reso~ces Co~ittee. ~e ~tfon was seconded by ~. Garl~d ~d adopted. (~. Hubard was OUt of ~e r~ when the vote was taken.) There being no further business, ~e Mayor declared ~e meeting adjourned. ATTEST= City Clerk APPROVED Mayor 38 COUNCIL, REGULA~ MEETING, Monday, March 29, 1976. The CoUncil o~ the City oE Roanoke met in regular meeting in the Councl! Chamber In ~he ~untclpal Building, City of Roanoke~ on Monday~ March 29, 1976, at 7:30 p.m., with Hayor Noel C. Taylor presiding. pRESENT: Councilmen Robert A. Garland, W~llia~ S. Hubard (arrived late), David K. Iz~sk, Nicholas F. Ta~fl~ Hampton W. Thomas, J~mes O. Trout and Mayor Noel C. Taylor .......... - ........................ ABSENT: None ....................................0. OFFICEI~S PRESENT: Mr. Byron E. Haner, City Hanager! Mr. Sam H. McGhee, III, Assistant City Ha~sger~ Hr. Ja~es No Klncanon, City Attor~ey~ Hr. James E. Buchholtz, Assistant City Attorney~ Hr. A. N. Gibson~ Director of Finance~ and Mrs. Mary F. Parkert City Clerk. INVOCATION: The ~eeting was opened with a prayer by the Reverend C. Richard Scott, Pastor, West End United Methodist Church, HINUTES= Copy of the m/nutes of the regular meeting held on Monday, March 22, 1976, having bee~ furnished each ~e~Lber of council, on motion of Mr. Thomas, Seconded by Mr. Tauten and adopted, the reading thereof was dispensed with and the m/nutes approved as recorded. (Hr. Bubard had not arrived. } HEARING OF CITIZENS UPON PUBLIC ZONING-ANNeXATION= Council having set a public hearing for 7=30 p.m., Monday, March 29, 1976 on the question of soning the area c~um~only know~ as the Air~ort area, generally bounded by the January 1, 1976 Roanoke corporate li~t line on the north, the January 1, 1976 Roanoke corporate li~t line and Virginia Route 118 on the east, Virginia ~oute 101 on the south and U. S. Route 581 on the west, said area having been annexed to the City of Roanoke on December 1975, the motter was before the body. In this connection, the City Planning Co~ssion s~tted a written report reco~endlng a reclassification of the abovedescribed area. (For full text, see report as filed in the city Clerk's Office.) Mr. John P. Bradshaw, Cha~rm~n, City Plar~ning Co~ission, appeare~ before Council and explained the approaches taken by the Planning Co~ss~on relative to the public hearings before Council, a~vising that their recommendations reflect a more restrictive posture in that this position allows for more flexi- bility, that it is the reco~unendat~on of the C~ssion that Council refer back to tham any identifiable tracts of land which it is felt warrants a less restrictive zoning and the planning Commission will hold separate public hearings for each referral as quickly as possible. FI~. C. E. Hunter, husband of one of the o~ners of the Andrews property and also representing the remainder of the o~ners of the AncLrews property, appeared before Council and advised that he feels the property fronting on the old A~rport Road and Immediately northwest of Crossroads Nall with remaining frontage on the old Airport Road for a depth Of ?00 feet should be zoned C-2~ General Coz~nercial District, which is s~mply an extension of the con~nercial zoning that the Crossroads Hall property presently enjoys. Mr. Hunter made further reference to property on the west side of the north-south runway to Interstate 581 and stated that he was shocked when the City Planning Comm~ssion reco=~nended that this property be zoned agricultural since this is a new zoning classification as far as the City Zoning Ordinance is concerned and he was of the understanding that one of the main arguments for including agricultural zoning in the Zoning Ordinance was to create a land bank for property to be developed in the future, that his clients have not requested agricultural zoning in that they want to develop this property containing approx/~nately 130 acres for business a~d light ~anufacturing, and requested that the 25 acres adjacent to Hershb~rger Road be zoned C-2, General Commercial District, and the remainder of the 130 acres be zoned LM, Light Ha~u facturing District. Mr. Thomas moved that the entire matter be referred back to the City Planning Commission for reconsideration in light of the previous instructions of Council whereby the City Planning Commission was requested to reclasslfy all those areas co~ing into the City of Roanoke as of January l, 1976, in a comparable city zoning ¢lassiflcatlon as those properties had in the County and that report be submitted to the Council on April 26, 1976, in conforn~ty with that request. The motion was seconded by Mr. Lisk and adopted. (Mr. Hubard had not arrived at the meetlng.) (For further action relative to the above publlc hearing, see Pages 43, 44 a~d At this point, Mr. Hubard entered the meeting. ZONING-ANNEXATION= Coancil having set a public hearing for 7:30 p.m., Honday, Hatch 29, 1976, on the question Of rezoning the area generally bounded by the Norfolk and Western railroad tracks on the north, the January 1, 1968 Roanoke corporate Ii/nit line on the east, the January 1, 1976 Roanoke corporate 1/mit line on the south, and Virginia Route 419 on the west, including Medmont Lake Belle Air, Sunset Hills, Hidde/I Valley Estates, Westchester, Windsor Court, Windsor Hills, Windsor Park, South Woods, Taryn Hill, Crestmoor, Barranger and Lee Hi Park, said area having been arulexed to the City of Roanoke on Dece~ber 31, 1975, the matter was before the body. In this connection, the city Plannlng Commission submitted a written report reco~aending a reclassification of the abovedescr~bed area. (~or full text, see re~ort ~a filed In fha City Clerk's Office.} Mr. Joh~ H. Kennett, Jr.t Attorney, representing Mr. W. Price Fleldsw appeared before Council and advised ~hat his client owns property adjacent to the Lee Ri Shopping Center, that whe~ he purchased thLs property It was zoned B-2 tn the County~ that he spent a considerable amount of money in grading the property to ground level and constructed a Seven-Eleven Store and Is now ready to construct a restaura~tw however, plans are being held up due to the fact that when the property came into the City it was zoned resLdentlal. Mr. Thomas moved that the entire matter be referred back to the City planning Comm~sslon for reconstderatlon In light of tho previous instructions of Council whereby the City Planning Co~=~lsslon was requested to reclassify all those areas coming into the City Of Roanoke as of January 1, 1976, in a com- parable city zoning olassif~cation as those properties had in the County and that report be made to the Council on April 26, 1976, in c0nformitywith that request. The motion was seconded byMr. Lisk. Mr. Bradshawmade further reference to his previous remarks and requested that Council not refer the entire package hack to the Plaru~ing C~m{ss~on but only those portions that the Council feels are too restrictive and that he questions whether or not the Planning Commission will have adequate t/~e to advertise the whole area and get the matters b~fore Council on April 26. The city Attorney pointed out that the PlaDning Co~ssion spent ma~y hours in public hearings and went into the areas in much more detail than Council will he able to do at its publi= hearings and that it would be a large burden to refer the whole package back to the Com~L~ssion in those instances where there are no questions as to certain portions of the overall package. Dr. C. Dale Elliott appeared before Council and stated that he owns property on Route 419 adjacent to property owned by Mr. Rudy Cox, that this property was zoned co~ercial in the County which permitted him to construct a special office building, that he has loans totalling approximately $65,000.00 on the property, that financing on those loans was based on evaluation of the property by Mr.p~LeeMastin who estimated his property to be worth about $105,000.0§ to $110,000.00, that about one month ago he found he had virtually been placed into hankruptcy by the recommendation of the City planning Commission, that right now he is two weeks late on the first mortgage payment because the bank will not refinance the loan since the status of the land is in question, end if the Council approves reclassifying this property to residential he has two choices, viz: he can take bankruptcy or he can discontinue his training program at the University of Alabama and go into private practice. M~. Leland J. Parkinson, representing residents of the Westchester area, appeared before Council and presented a petition signed by 190 homeowners requesting that the Westchester area continue to be zoned residential and that any further development be consistent with what has been done in the past. (For full text, see petition as filed in the City Clerk's Office.) In light of the many questions involved, the Nayor ruled that the entire package be referred back to the Clty Planning Co~n~seion In order to resolve the questions with a report back to Council at a later date. Mr. Hubard stated that he could not support the motion on the floor in that if adopted it would be partially defeating what the Council was attempting to do in trying to have some properties rezoned In the nature they were when they came into the City, that if the Council approves the rezonings as presented, it resolves the problems of somew does not resolve the problems of others, but in no case does it make the zoning more restrictive or offensive. In deference to Mr. Hubard, Mr. Thomas and Mr. Lisk withdrew their motion. With reference to the maps furnished by the City Planning Commission for Councll*s information, Mr. Lisk requested that the Council be provided with the same type of delineation as appears on the master maps. Mr. Rudy Cox, Re$1tor, appeared before Council and stated that he has a residential piece of property on Route 419, that he appeared before the City Planning Com~ission and requested a C-2 designation and was turned down, that the City has annexed this property and must take the property under the tax base of the County, that the tax base of the County was based upon the property being co~mercial, that on April 1 the first quarter of taxes will have gone by and he has a residential piece of property being taxed as co:=nercial, that he has been to the City Planning Commission meetings and before City Council and the matter has been passed back and forth, that he knows of no one in contention with hie request, that the best thing to do is to work out the smaller areas at this time and refer those areas wherein there may be contention back to the City Planning Commission for further consideration and report to City Council. After a discussion as to the proper method of proceeding on adoptiol~ of the Ordinances reclassifying the properties since there were questions involved relative to certain subparagraphs of the proposed Ordinances, it was decided to break each Ordinance down as per subparagraph and vote on each subparagraph as presented. Mr. Thc~nas then moved that the following Ordinance be placed upon its first reading: ($22803} AR Oi{DINANCE amending Section 2, of Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1956, as amended, providing for zoning classifications for an area in the southwestern quadrant of the City, which area was annexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area into the official 1966 Zoning Map Of the City of Roanoke. The motion was seconded by Mr. Trout. The City Clerk was instructed to read subparagraph (a) of Ordinance No. 22803 and no one raising any question, Mr. Thomas moved that subparagraph (a) be approved as read. The motion was seconded by Mr. Trout and adopted by the following vote: AYES~ Hessrs. Garland, Hubard~ Llsk, Taubma~ Thomas, Trout and Ha¥or Taylor ................................. ?. NAYS: None ......................... 0. The City Clerk was ~nstructed to read sttbparagraph (b)~ whereupon, Hr, C. P~chard Cranwell~ Attorney, appeared before Council in reference to a 3% acre tract of land bounded on Hudlick Road and zoned M-1 when it was in the County, advising that 1£ the City reclassifies the property as single-family residential, the value of that acreage will fa1! $50,000.00 and suggested that council refer th~s 3~ acre tract of lend back to the City Planning Comm~ssion for further study In auco~dance with the ~andate previously expressed by the Council that all annexed property have a City zoning classification at least~ comparable to the County zoning Hr. Trout moved that s~bparagraph (b) Of Ordina/~ce NO. 22803 be deleted from said Ordinance and that said subparagraph be referred back to the City Planning Com~dssion for further consideration and recommendation to the Council. The motion was seconded by Hr. Hubard and unanimously adopted. The City Clerk was Instructed to read subparagraph (c) of Ordinance NO. 22803; whereupon, it was r~quest~d that the Mayor declare a five m~nute recess in order to give proper att~ntlon to certain other lots that m~ght be included in said subparagraph. After the recess, Hr. Hubard moved that subparagraph (e) of Ordinance No. 22803 be approved and expanded upon to include Lot Nos. 5090205, 5090207, 5090208, 5090209~ and Lot Nos. 5170101, 5170102, 5170103 and the northern 178 feet facing L~e Highway Of 5170104. The motion was seconded by Hr. Lisk adopted by the following vote: AYES: Hessrs. Garlandf Hubardf Lisk, Ta~n~ Thomas, Trout and Mayor Taylor ........................................ 7. NAYS= None .......................... 0. The City Clerk was instructed to r~ad subparagraph (d) of Ordinance NO. 22803 and no one raising any question, Hr. Lisk moved that subparagraph (d) be approved a~ read. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Ta~, Thomas, Trout and Mayor Taylor .................................... ?. HAYS: None ............................ 0. The City Clerk was instructed to read subparagraph {e) of Ordinance No. 22803~ whereupon, Hr. Boyd Dickinson represe~nt£ng Hrs. L. F. Hubbard, appeared before Council and requested that Hrs. Hubbard's farming property consistlng of 26 acres in Lee Highway Park located near the intersection of Mud Lick Road a/Id Lee Highway be reclassifled as agrlcultural. (For full text, see communication as filed in the city Clerk's Office.) H~. Garland moved that the property of H~s. Lo F. Hubbard be included in the Agricultural District, The motion was seconded by Hro Th~uas and unani- mously adopted. H~. Trout then moved the adoption of subparaqraph {e) as a~ended° The motion was seconded by Hr° Lisk and adopted by the follo~/ng vote= AYES= Messrs. Garland~ Hubard, Lisk, Ta-~,~nt Thomas, Trout and Hayor Taylor ....................................... NAYS: None ............................... 0. The City Clerk was instructed to read subparagraph (f) and no one raising any question, Hr. Trout moved the adoption of subparagraph (f) as read. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Hessrs. Garlandt Hubard, Llsk, Ta,~m~, Tho~as, Trout and Mayor Taylor ........................ ?. NAYS: None ................ 0. Hr. Garland then ~ved that Ordinance No. 22803 as previously moved by }ir. Hubard be placed upon its first reading as a~ended= (%22803) AN ORDINANCE amending Section 2, of Chapter 4.1, of Title XV, Of The Cede of the City of Roanoke, 1956, as aJ~ended, providing for zoning classificatlons for a~ area in the southwestern quadrant of the City, which area was aruaexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area into the Official 1966 Zoning Map of the City of Roanoke. (For full text of Ordinance, see Ordinance Rook No. The motion was seconded by }ir. Ta~n and adopted by the followlng vote: AYES: Hessrs. Garland, Hubard, Lisk, Tau~n~ Thomas, Trout and Hayor Taylor ................................... 7. NAYS: None ........................... 0. ZONING-ANNEXATION: With reference to the first public hearing reclassifying that area commonly known as the Airport area, generally bounded by the January 1, 1976 Roanoke corporate limit line on the north, the January l, 1976 Roanoke corporate limit line and Virginia Route 118 on the east, Virginia Route 101 on the south and U. S. Route 581 on the west, and Council having earlier in the meeting referred the total package back to the city Planning Commission for further consideration, Mr. Thomas moved that Council reconsider its previous action relative to the public hearing. The motion was seconded by Hr. Taubman and unanimously adopted. Hr. Hubard then moved that Ordinance No. 22802 be placed upon its first reading. (%22802) AN ORDINANCE amending Section 2, of Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1956, as a~ended, providing for zoning classifications for an area in the northwestern quadrant of the City, which area was annexed by the City of Roanoke as of ~dnlght, December 31, 1975, and incorporating said area into the Official 1966 Zoning Map of the City of Roanoke. 44' The ~otion vas seconded by Hr. Trout. The City clerk vas Instructed to read subparagraph (a) of Ordinance NO. 22802 and no one raising any questton~ ~r, Ta-~moved that subparagraph (a) be approved as road. The motion was seconded by~r. Thomas and adopted by the foll~wing votes AYES~ Hessrs. Garlandw Hubardw Llak~ Ta~h~n~ Thc~as~ Trou~ and ~ayor Taylor .................................... ?. NAYS= None ............................ O. The City Clerk was instructed to road subparagraph (b) of Ordinance No. 22802 and no one ralsing 8ny question, ~r. Thanes moved that subparagraph be approved as read. The motion was seconded by~r. Taubman and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taubman~ Thomasw Trout and Mayor Taylor ..................................... NAYS: None ............................0. The City Clerk was instructed to read subparagraph (c) of Ordinance No. 22802~ whereupon~ Hr. E. Griffith Dodson~ Attorney, representing the Murray K. Coulter Estate, ap~ared before Co~nci! and advised that he is i~terested in the second area listed in subparagraph {c), and requested that the entire coulter tract be zoned ~-I, Light Manufacturing District. Mr. Thomas moved that s~bparagraph (c) be amended to exclude the 43 acre tract of land referred to as the Coulter tract. The motion was seconded by Mr. Lisk. Hr. Hubard offered a substitute motion that subparagraph (b) be amended to include the 43 acre Coulter tract. The motion was seconded by Mr, Garland and adopted. (~r. Taubman an~ Mayor Taylor not voting.) Mr. Thc~nas then moved that subparagraph (c) be approved excluding the Coulter property. The motion was second~ by Mr. Lisk and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk~ Tauk~nan, Tho~as~ Trout and Mayor Taylor .................................... NAYS: None ............................ 0. The City Clerk was instrncted to read subparagraph (d) of Ordinance No. 22852 and no one raising any question, Hr. Thomas moved that subparagraph (d} be approved as read, The motion was seconded hyMr. Teubma~ and adopted by the following vote: AYES: Messrs. Garland, Hubard~ Lisk, Ta~m~ Th~s, Trout and Mayor Taylor ................ ~i ................. ?. NAYS= None ........................... The City clerk was instructed to read subparagraph (e) of Ordinance No. 22802 and no one raising any question, Hr. Thomas moved that subparagraph (e) he approved as read. The motion was seconded by Hr. Taubma~ and adopted by the following votes AYES~ Hessrs. Garland, Hubard, I~sk; T~-~,~, Thomas, Trout and Ha~or Taylor .................................... 7 NAYS~ None ............................ 0. Mr. Thomas moved that the request of Hr. C. E. Hunter, Jr., as previously presented to the Council be referred back to the Clty Planning Co~missl~ for further study, report and reco~mendation to Council at no expense to Hr. Hunter. The motion was seconded by Hr. Hubard and unanimously adopted. The Manager of City Planning nade reference to approximately four lots that were inadvertently left out of the above package and requested guidance from Council as to the preferred method of handling same~ whereupon, Mr. Ltsk moved that those four lots be referred back to the City Planning Co~lssion for study, report and recommendation to Coencil at a later date. The motion was seconded by Mr. Tauh~an and unanimously adopted. Hr. Lisk then moved that Ordinance No. 22802 as previously moved by Hr. Hubard be placed upon its first reading as amended= {122802) AN ORDINANCE amending Section 2, of Chapter 4.1, of Title XV, of The Cede of the City of Roanoke, 1956, as amended, providing for zoning classifications for an area in the northwestern quadrant of the City, which area was annexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area into the Official 1966 Zoning Map Of tho City of Roanoke. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Taubman and adopted by the following vote: AYES= Messrs. Garland, Habard, Lisk, Taubman, Thomas, Trout and Mayor Taylor ................................. 7. NAYS= None ......................... 0. ZONING-ANNEXATION: Council having previously set a pablic hearing for 7:30 p.m., Monday, March 29, 1976, on the question of zoning the area general1 bounded by Melrose Avenue, N. W., on the north, the January 1, 1968 Roanoke corporate limit line on the east, the Roanoke River and the esgarpment south of Francis Drive on the south, and the January 1, 1976 Roanoke corporate limit line on the west, includlng Edgewood, Summit Hills, Moomaw Heights, Ridgewood Heights, Boulevard Estates, and Cherry Hill Park, said area having been annexed to the City of Roanoke on December 31, 1975, the iaatter was before the body. In this connection, the City Planning Co~$alsslon submitted a written report recca=nending a reclassiflcatlon of the abovedescribed area. (For full text, see report as filed in the City Clerkts Office.) Hr. Tau~man moved that the following Ordinance be placed upon its first reading= (122804} AN ORDINANCE amending Section 2, of Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1956, as a~ended, providing for zoning classificatlons for an area in the northwestern quadramt of the City, which area was annexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area into the Official 1966 ZoningMap of the City of Roanoke. 4¸5 46 The motion was seconded by Hr, Hubard. The City Clerk was lnst~cted to read subparagraph (a) of Ordina~ce No. 22804 and no one raising any question; Hr, Thomas moved that subparagraph (a) be approved as read. The motion was seconded by Hr. Garland and adopted by the following votes AYES~ Messrs. Garland~ Hubard~ Lisk, Ta~, Thcsuas, Trout and Hayor Taylor ...................................... 7. K~YS= Hone .............................. 0. The City Clerk was instructed to read subparagraph (b] o£ Ordinance Ho. 22804; whereupon, Hr. Ellis Bowling, 1109 l?th Street, S. E., appeared before Council and presented a petition signed by five property o~ners of property located in and around the area known as Melrose Avenue and Peck Street~ W., requesting that the real estate located at the southeast corner of Melrose Avenue and Peck Street be rezoned from its present classification to LH~ Light Manufacturing District. (For full text, see petition as filed in the City Clerk's Office.) The Manager of City Planning pointed out that the property was zoned B-2 in the County and the C-2 designation in the City is cc~n~arable. Hr. Hubard moved that the request of }ir. Bowleg be referred to the City Planning Comm/ssion for further consideration. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Tauhman, Thomas, Trout and Mayor Taylor ........................................ NAYS= None ................................ O. Hr. Liskmoved that subparagraph (b) of Ordinance No. 22804 be approved The motion was seconded by Mr. Tho~s and adopted by the following as read. vote: AYES= Messrs. Garland, Hubard, Lisk, TS,,h~-, Thomas, Trout and Mayor Taylor ....................................... NAYS: None ............................... 0. The City Clerk was instructed to read subparagraph (o) of Ordinance No. 22804 and no one raising any question, Mr. Thomas moved that subparagraph (c) be approved as read. The motion was seconded by Hr, Hubard and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, TaUb~an, Thomas, Trout and Mayor Taylor ........................................ 7. NAYS= None ................................ 0. The city Clerk was instructed to read subparagraph (d) of Ordinance No. 22804 and no one raising any question, Hr. Thomas moved that subparagraph (d) be approved as read. The motion was seconded by Hr. Lisk and adopted by the follow~ng vote: Mayor Taylor ........................................ NAYS~ None ................................ 0. Mr. Th(~as then moved that Ordinance No. 22804 as previously moved by Hr. Tau~an be placed upon its first reading~ (~22804) AN ORDINANCE amending Section 2, of Chapter 4.1t of Title XV, of The Code of the City of Roanoke, 1956, as amended, providing for zoning classifications for an area in the northwestern quadrant of the City, which area was annexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area into the Official 1966 Zoning Map of the City of Roanoke. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taub~an, Thomas, Trout and Mayor Taylor ........................................ NAYS: None ................................ 0. ZONING-ANNEXATION: Council having previously set a public hearing for ?:30 p.m., Monday, March 29, 1976, in connection with a proposed Ordinance establlshing an additional zoning district classification to be known as an Agricultural District, the matter was before the body. In this connection, the City Planning Comm/ssion eubmitted a written report recommending the establishment of said district. (For full text, see report as filed in the City Clerk's office.) No one appearing before Council relative to the matter, Mr. Thomas moved that the following Ordinance be placed upon its first reading: (~22805) AN ORDINANCE amending the first paragraph of Section 2, of Chapter 4.1 of Title XV, and a~ending Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1956, as amended, by the addition of a new section to be numbered and entitled, Sec. 7.1. AG agricultural district, which establishes an additional zoning district classlfication. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Ltsk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taulxaan, Thomas, Trout and Mayor Taylor .................................... NAYS: None ...........................0. ZONING-FLOODS-HU~tRICANES: Council having previously set a public hearing for 7:30 p.m.. Monday, March 29, 1976, on the question of amending Subsection 2. Definitions; exception, of Sec. 33.1. Flood Plain District, of Chapter 4.1. Zoning, of Title XV, Construction, Alteratlon and Use of Land, Buildings and Other Structures, by incorporating by reference the Flood Hazard Information - Murray Run, Trout Run, Garuand Branch, Gum Spring Branch, and Ore Branch & Tributary - June, 1975, was before the body. 4'8. In ~hts connection~ ~he Clt~planning Cc~m~asion sulmitted a ~itten re~ort ~usly rec~nd~ revision o~ ~e Zoning O~d~ce as ~vedescrl~d. (For full text. see ~e~gh as fll~ ~ ~e City Clerk's Office.) No one appearing tn op~s~t~ to ~e p~o~sed revtsion~ ~. Th~s moved ~ab ~e roll,lng Ogdinance ~ placed u~n 1ts figs2 ~ead~ng~ (~22805) ~ O~I~CE ~ndln~ ~sectlon 2. Definltions~ exception. of Sec. 33.1. o~ Chapter 4.1 of Title ~ o~ ~e Code of ~e City of Roanoke. 1956~ as ~ended, inco~rating ~ reference a fl~ hazard ~nfo~tion study ~e Un,ted States ~y Co~s of ~gineers. (For full text of Ord~n~ce, see Ordinance B~k No. ~e motion was seconded by ~. L~sk and adopted by ~e roll,lng vote: AYe= Messrs. Garl~d, HurrY, L~sk~ Tau~an~ Th~s~ Trout and Mayer Taylor ..................................... NAYS= None ............................. 0. G~-P~ING= Co~c~l having previously set a p~[~c hearing for ~:30 p.m., Monday, ~rch 29~ 1976, on a pr~r~ of ~p~diture for ~e secon~ year of c~ity Develop~nt Block Grant F~ds, ~e ~tt~r was before b~y. In this co~ect~on, ~e City ~nager s~m~tted a writt~ re~rt which was previously presente~ to Cocci1 on Februa~ 23~ 19~6, setting out ~e current year~s ~r~r~ and ~e pro~sal for ~d~turg of Co~ity ~velopment Block Gr~t F~ds for the n~t progr~year (July 1, [976 - (For full text, see report as f~led [n ~e C[ty C~erk~s Office.) The ~yor asked ~f ~ere was anyon~ ~resent who would llke to raise quettlons pertaining to the ~9~6-~7 Grant Progr~; whereu~n~ ~e Reverend ~roy C. Ro~rts questioned whe~er or not ~ese f~ds are to~l federal f~ds ~d after being advised by ~e City M~aggr [n ~e aff~tivg f~ds take over ~e Urb~ R~ewal Progr~ an~ ~g Ne[g~rho~ ~ve~opm~t City of ~o~oke designates as low income areas and w~t ~e federal gove~ent ~e Ass[s~t ~ager of City Planning s~te~ ~at ~e Federal Govern- ment uses ~e s~e data as does ~e City in ~[ng ~at dete~nation. ~. ~n Sch~er, Director, Virg~[a Water Project~ New Hope Water C~p~y, appeared before Co~cil ~d state~ that ~e r~sidents of ~at area are interested in having ~e C~ty take over ~e water syst~ ~rough ~e use of C~ity Development F~ds ~d requested a clar~fication as to ~e ~sposition of their r~uest. The City Manager state~ ~at consideration was given to ~is request bu~ it was not reco~en~ed to Co,cji, ~at if ~e City ~chased 5yst~ it woul~ have to ~ p~c~sed from ~e Water F~ ~ not from Co~ty Develop~nt F~ds~ ~at he does not foresee ~e a~nistration recording purchase of the system at this time but it is sc~ething that the Water Resources Committeo might want to study. Hr. Garland ~oYed that Council concur in the recommendation of the City Manager relative to the allocatAon of 1976-?? Cc~m~unity Development Block Grant Funds in the total amount of $2,629,000.00. The motion was seconded by Hr. Lisk and unanimously adopted. (For further action taken in rega=d to the 1976-?? Community Development Block Grant Funds, see Page 51.) STREETS AND ALLEYS: Council having previously set e public hearing for ?=30 p.m., Monday, March 29, 1976, on the question of permanently vacating, discontinuing and closing Judith Lanot S. E., the matter was before the body. In this cor~nection, the Assistant City Attorney submitted a written report advising that a review of the file on the abovedescribed public hearing reveals that At is necessary for Council to appoint viewers to view said lane before the public hearing is held and therefore, it is recom~ended that Council adopt a Resolution appointing the viewers and set another public hearing for Mondaym April 26, 1976. (For fulA text, see report as filed in the City Clerk's Office.) Hr. Lisk moved that Councll concur in the report of the A~sistant City Attorney and offered the following Resolution= (122807) A RESOLUTION providing for the peri,anent closing, vacating, discontinuing and abandonment of a certain street An Section 3, of Mill Mou~ltain Estates, know~ as Judith Lane, S. E., appointing viewers to view said street~ and provldlng for a public hearing On the proposal. (For full text of Resolutlon, see Resolution Book NO. Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Mr. Thomas and adopted by the followlng vote: AYES= Messrs. Garland, Hubard, Liskm Taubman, Thomas, Trout and Mayor Taylor ..................................... 7. NAYS= None ............................. 0. STADIUM= A request of Hr. James Wiley' for permission from Coancil and the city acl~inistratlon to pave certain portions of the oval track at Victory Stadium so that Victory Stadiu~ can b~ used for local, state and reglonal track meets, was before the body. Mr. Tau/u~an advised that due to the length of the meeting, Mr. Wiley has r~quested that action on this matter be deferred until the n~xt regular meeting of Council on Monday, April 5, 1976. Hr. Taubman moved that Council concur in the request of Mr. Wiley that action on the matter be deferred until Monday, AprA1 5, 1976. The motion was seconded by Mr. Lisk and ~nanimously adopted. HUMAN RESOURCES CO~HITTEE= Hrs. John Downie, Pro~ect Chairman, and Mrs. C. K. L~mon, Director, Sing Out Roanoke Valley, Incorporated, appeared before Councll and re~ested a generous contribution from the City to help in raising ~K~ney for their trip to Romania at which time they will be representing the United States as GoodwAll A~bassadors to Roma/lla. (For full text, see co~z~u~icatAon as filed in the City Clerk's OffAce.) Mr. Llsk moved that ~he request be referred to the Human Resources Committee for consideration in their 1976-?? budgetary allocations. The motinn was seconded by Mr. Hubard and unanimously adopted. S~I~4.ING pOOLS-PLANNING; Council having previously requested a report from the City Manager concerning the two swimming pools proposed to be constructed with Covmunlty Develol~aent Block Grant Funds, the City Manager submitted a written report concerning the bids received for the construction of the two lift meter swimming pools canplete with bathhouses and parking facilities, advising that at this point in tine it cannot be recc~unended that any additional, annual, recurring o~erational expenses not covered by additional sufficient revenues be incurred by the City if the expense does not absolutely have to be incurred and, if this statement can be applied to swimming pools, then it cannot be recan~ended thak swimming pools be constructed at this time. (For full text, see report as filed in the City Clerk's Office.) In this connection, Hr. Thomas A. Craddock, Hr. Dean Worrell represent- ing The Teen Alliance fram the Southeast Neighborhood, Hrs. Elaine Williams representing the Black Southwest Neighborhood Alliance, Hr. James Petty, Hr. George E. Franklin, Executive Director, Opportunities Industrialization Canter, Hr. Theodore J. Edlick, Director, Total Action Against Poverty ~n the Roanoke Valley, Hr. Barrel Nickerson, and the Roanoke Valley Council of Co=unlty Services appeared before Council and spoke in support of the construction of the two sw/~ming pools and urged that Council proceed with the construction Of sa~e. (For full text, see statements as filed in the City Clerk's Office.) Hr. Garland moved that Council instruct the city Manager to accept the bid of Days Construction Company, Incorporated, in the amount of $773,900.00 for the construction of two municipal swimming pools in Fallen Park and Washington Park, that $117,000.00 be transferred to the 1976-77 Community Development Block Grant for next year, that $174,000.00 which was overage in interest budgeted to ~he 1975-76 Commenity Develop~m-=nt Block Grant be included and that $12,278.32 from the Frank B. Fallen Fund also be included. The motion was seconded by Mr. Hubard and unanimously adopted. Hr. Taubman moved that the City ~nager be instructed to m~ke an inten- sive study of charges that could be imposed by the City to help defray a large part of the operating expenses to be incurred in fiscal year 1976-77, to provide Council with information as to what is included in the operation of the pools, and more detailed information as to operating costs of sam~. The motion was seconded by Mr. Trout and unanimously adopted. Hr. Garland stated that in voting for the above motion he does not want to i~ply that he is in favor of cha.rging for admission to the pools, that if charges are imposed it will be defeating the whole purpose for building the pools in the first place but he is interested in getting more information as to operating procedures a~d costs. The City Hanager suggested that Council rarer back to its previous action relative to approval of the 1976-77 CC~nUnity Development Block Grant Pro~ramand reco~nended that the program be~xll£1ed to take $117.000.00 from the Norwich Park Recreation Canter, said amount to be used in connection with the construction of the two swl~aJ/~g pools. Hr. Garland moved that Council concur in ths reco~endation Of the City Manager and that the 1976-77 Community D~velopmant Block. Grant Program be modified accordingly. The motion was seconded by Hr. Lisk and unanimously adopted. PETITIONS AND CO~2gJNICAT~ONS= CELEBRATIONS= A communication from The Appalachian Chorus requesting that they be recognlzsd as au official Bicentennial Chora~ Group for the Roanoke Valley for the Bicentennial Year, was before Council. (For full text, see co~m~lication as filed in tbs City Clerk's Office.) Mr. Taub~an moved that the communication be referred to the Roanoke Valley Bicentennial Cc~mission for study, report and recommendation to Council. The motion was seconded by Hr. Lisk and unanimously adopted. REGIONAL JA2L= A communication from Hr. WilliamF. Clark, Clerk, Roanoke County Board of Supervisors, transm~tting copy of Resolution No. 1452 adopted by the Roanoke County Board of Supervisors rescinding Resolution NO. 13~1 previously adopted by the Board relating to the construction of a jointly owned jail facility with the City of Roanoke a~d requesting that the City of Roanoke join with the City of Salem, Craig County and the County of Roanoke in the location of a rsglonal jail facility on a site located at the intersec- tlon of 1-81 and Route 419 in Roanoke County, was before Council. (For full t~xt, sss communication and Reso2ution es filed in the City Clerk's Office.) Hr. Hubard moved that the cor=nunication and Resolution be recsivsd and filed. The motion was seconded by Hr. bisk and unanimously adopted. ~UDGET-SCHOOLS= A con~tmication from the Roanoke City School Board requesting that $11,315.00 be appropriated to Section ~61000, 'Teachers, Reallocation Funds, Title 2, P. L, 89-10'of the 1975-76 budget Of the Roanoke City School Board, to pay a port,on of the cost of salaries of language arts and mathematics resource teachers for the 1975-76 school year, 100 per cent to be reimbursed by Title I, P. L. 89-10 RsallocatlonFunds, was before Council. (For full text, see communication as f~led ~n the City Clerk's Off,ce.) Mr. Lisk moved that Cou~cll concur in the request of the Roanoke City School Board and offered the following emergency Ordinance= (#22808) AN ORD2NANCB to a~end and reordaln Section ~61000, 'Schools - Teachers, Reallocation Funds, T£tle 2, P. L. 89-10,' of the 1975-76 Appro~riatlon Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinanc~ Book No. Hr. Lisk moved the adoption of the ordinance. The motion vas seconded by Hr, Hubard and adopted by the following votel AYES: Hessrs, Garlandt Hubard, Lisk, Tautx~a~, Thomas and Hayor Taylor ...................................... 6. NA¥SI None ........................ 0. (Hr. Trout was out of the Council chamber) BUDGET-SCHOOLS-. A c~unicatioa from the Roanoke City School Board requesting that ~28,384.00 be appropriated to Section i61000, '~eacher Aides, Carryover Funds,' Title I, P. ~.. 89-10 of the 1975-76 budget of the Roanoke City School Board, to pay a part of the cost for salaries of instruc- tional teacher aides, 100 per cent to be reimbursed by Titlo I, P. L. 89-10 Carryover Funds, was before Council. (For full text, see communication as filed in the city Clerk's Office.) Hr. Thomas moved that Council concur in the request of the Roanoke City School Board and offered the following emergency ordinance-. (122809) AN ORDINANCE to a~end and reordain Section t61000, 'Schools - Teacher Aides, Carryover Funds, Title I, P. ~.. $9-10,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Hessrs. Garland, Hubard, ~.isk, Ta,~man, Thomas, and Taylor .................................... NAYS-. None ...................... 0. (~x. Trout was out of the Council Chamber) BUDGET-SCHOOI~: A communication frem the Roanoke City School Board requesting that $7,168.50 be appropriated to Indochinese Higration and Refugee Act, P. ~. 94-23 of the 1975-76 budget of the Roanoke City School Board, to provide educational services to Indochinese refugees to enable them to achieve a satisfactory level of educational performance, 100 per cent to be reimbursed by P. L. 94-23 funds under the Indochfnese Refugee Assistance Act, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Hr. Thomas moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance: (122810) AN ORDINANCE to emend and reordain Section 12000, 'Schools - Instruction,' and Section ill000, 'Schools - Continuing Education,' of the 1975-76 Appropriation Ordinance, and providing fo: an emergency. {For full text of Ordinance, see ordinance Book No. Hr. Thc~as moved the adoption of the Ordinance. ~he motion ~as seconded by Hr. Hubard and adopted by the following vote: AYES.' Nessrs. Garland, Hubard, Lfsk, Thomas and Hayor Taylor ..... 5. NAYS.' None ........................................................ 0. (Hessrs. Ta,,hm~n and Trout were out of the Council Chamber) BUDGET-COMMONWEALH~S ATTORREY-GRANTSI A con~tmication from the c°~m°nwealth~s Attorney requesting that $486.47 be appropriated by Council to cover expenses of an assistant in his office who will be attending the Trial Techniques Seminar at the National College Of District Attorneys in Houstonj Texas, on April 25 - 29j 1976, advising that a grant has been applied for through the Division Of Justice and Cr~ma Prevention to cover 95% of expenses, was before Council. (For full text, see cc~munication as filed in the Clty Clerk~s Office.} Mr. Hubard moved that Council concur in the request and offered the following emergency Ordinance= (122811) AN ORDIHA~CE to amend and reordain Section t122, 'Common- wealth~s Attorney,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard ~oved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland~ Hubard, Lisk, Thomas and Hayor Taylor .... 5. ~I NAYS: None ......................................................0. (Messrs. Ta~h~an and Trout were out of the Council Cha~ber) REPORTS OF OFFICERS= TA~ES: The City Manager submitted a written report advising that Mr. Charles E. Wallace representing the f£rmof McKinsey and Company, Incorporated, will appear before Council to present the Company's report entitled '~alancing Roa~oke~s Revenues and Expenditures'. (For full text, see report as filed in the City Clerk's Office.) Mr. Wallace appeared before the Councll and presented a sununary of the report and answered questions raised by the members of Council. Mr. Tho~s suggested that copies of the McKinsey report be made avail=b~e to all annoLulced candidates in the Mayoral and Counci]m~nic electlon to be held on Hay 4, 1976, at a fee to be determined by the city Manager. Mr. Eubard moved that the C~ty Manager and the Director of Finance, with the advice and assistance of others, be requested to give immediate considera- tion to putting the clty~s funds to ful! use in order for the City to generate additional revenue as more fully set out in the McKinsey report and to sub~t a report to Council by its regular meeting on Monday, April 12, 1976, as to any administrative changes that need to be ~de and their recommendations as to whether or not the City of Roanoke should proceed with same. The motion was seconded by Mr. Taubman and ananimously adopted. Mr. Thomas moved that th~ report be taken under consideration and that Council ~eet as a Co, tree of the Whole at a date and time to be set by the Mayor, and shortly thereafter a public hearing be held in order for CoLtncil to receive citizen input. The ~otlon was seconded by Mr. Lisk and unanimously adopted. The Mayor advised that Council will meet as a C~"~ttee of the Whole l~ediately following the City Council meeting on Monday, April 12, 1976, to review the overall report and requested that the Treasurer~ Commissioner of Revenue, Real Estate Assessor, and Municipal Auditor be invited to attend said meeting. The Hayor further advised that Council will hold a public hearing on Monday, April 26, 1976, at 7~30 p.m., to receive citizen Input on the McKinsey report. STREETS AND ALLEYS~ The City Manager s-~mttted a written report transmitting a proposed list of streets recommended to be paved or planed this spring and early sun,er. (For full text, see report as filed in the City Clerk's Office.) Hr. Tau~a~ ~oved that the report be received and filed. The motion was seconded by Hr. Trout and unanEmously adopted. ANNEXATION-STREETS AND ALLEYS: The City Manager submitted a written report tn connection with redefining some of the existing quadrant sections withln the new City so as to provide for an orderly street numbering syste~. (For lull text, see report as filed in the City clerkJs Office.) Mr. Thomas moved that the report be received and filed and referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. L/ak and unanimously adopted. HOUSING-$LUH C~J~NCE: The city Manager submitted a written report in connection with a request of the City of Ronnoke Redevelopment a~d Housing Authority to utilize two parcels of land located in the Hurt Park Commwaity Development Project for recreational purposes, recommending that Council concur in the request. (For full text~ see report as filed in the city Clerk*s Office.) Mr. Thomas moved that the report be referred to the City Attorney for preparation of the proper measure. The ~otion was seconded by Hr. Lisk and unan/mously adopted. CELEBRATIONS: The City Manager submitted a written report in connection with a visit of the Freedom Train to the City, recommending that in llght of tight budget restrictions anticipated for the n~xt flscal year, Counei1 review the scope of the project and decide if such an u~derta~ing and expenditure is still desired. (For full text, see report as filed in the City Clerk's office.] Hr. Tau~an moved that the City Manager be instructed to correspond with other surrounding municipalities to ascertalnwhether or not they would be interested in sharing the costs of such a project and advise Council accordingly. The motion was seconded bye. Hubard and unanimously adopted. TRAFFIC: The City Manager s~bmitted a written report reco~ending that the City Traffic Code be amended to confo~with recently approved legislation ps,hitting right turns on red, to be effective January l, 1977. (For full text, see report as filed in the City ClerkJs office.} The Assistant City ~lanager advised that a measure of Intent is pre- sently needed In order that the City may participate in the Highway Safety Education Program and be in a position to implement the new procedure on Januazy l, 1977. Hr. Thomas moved that the matter be referred to the City Attorney for preparation of the proper ~easure. The motion was seconded by Hr. Hubard and unanimous ly adopted. POST OFFICE: The City Manager submitted a written report requesting authority to su~nit a bid to the United States Postal Service for the surplus postal facility on Church Avenue, S. W., including a certified check In the amount of ten per cent of the bid. (For full text, see report as filed in the City Clerk's Office.) Hr. Trout moved that Council concur in the report and offered the followlng Resolution authorizing a bid to be submitted: (t22812) A RESOLUTION authorizing a bid to be made for the City*s purchase of the surplus U. S. Post Office land and buildlng on Church Avenue, S. W., between Second Street and Third Street, S. W. (For full text of Resolution, see Resolution Book NO. Mr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Hessrs. Garland, Hubard, Lisk, Ta~an, Thomas, Trout and Hayor Taylor .................................... ?. NAYS: None ............................ 0. REPORTS OF COMHITTEES: NONE. UNFINISHED BUSINESS: CITY EMPLOYEES-PERSONNEL DEPARTMENT: Counci1 having previously requested that the Person~lel Board, the City Manager and the City Attorney submit a report on a revised grievance procedure, the matter was before the body. In this cornlection, Hrs. Bernice D. Cheatham, Chairman of the Personnel Board, appeared before Councll and requested that the matter be deferred until a later date in order that the Personnel Board will have sufficient tithe to review the revised procedure. Mr. Trout moved that Council concur in the request of the Chairman of the Personnel Board and that the matter be deferred unkil the regular meeting Of Council on Monday, April 19, 1976. The motion was seconded by Hr. Httbard and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF OPA)IHANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 22?9? authorizing execution of a supplemental agreement, Supplelnent No. 1, to the City's License Agreement NO. DOT-FA73EA- 7023, dated March 1, 1973, with the Federal Aviation Administration providing for a right of way to serve the Federal Aviation A~ministration*a Localizer facility for Runway 33 at Roanoke Municipal Airport, Woodrum Field, having previously been before Counci1 for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Tauklman offering the following for its second reading and final adoption: (~22797) AN ORDIHAHCE au~horis~u? execu21on of a aqre~nt, ~uppl~nt No. 1~ to ~e C~ty*s ~c~se Agre~t No. ~-FA73~- 7023, dated~rch 1, 1~73, wi~ ~e Federal Aviat~on~ls~ation providing for a right o~ way to se~e ~e Federal Aviation ~nistration*s ~cal~zer facility for R~way 3~ at ~anoke H~c~pa~ A~or~ W~ F~eld. (For full text of Ordinance, see Ordin~ce ~ok No. ~. Tarn ~ved ~e adoption of ~e Ordin~ce. The motion was seceded by ~. Trout and adopted by ~e following AYe= Messrs. Garland, H~ard~ Lisk~ Ta~n~ Th~s~ Trout and ~yor Taylor ....................................... NAYS= None ............................... 0. T~-~SES~ OF ~ESTA~= Ord~n~ce No. 22798 ~d~ng Title VI, Taxation, of The Code of ~e C~ty of Ro~oke, 1956, as ~ended, by the addition of a new chapter to ~ n~red Chapter assessment ~d t~at~on of certain real estate when devoted to agricultural u~e~ requiring appllcation to ~ ~de for s~ch assessm~t and t~ation~ ~d pro- viding procedures to be taken on such appl~cations, ~sing roll-back t~es on such real estate~ an~ providing procedures for asses~ent~d pa~ent s~e ~d of certain penaltles~ ~d providing me~s o~ apda1 and review of assessments and taxation ~de ~der ~is Ord~n~ce, having previously been before Co~cil for ~ts f~rst reading, r~ad and adopted on ~ts first read~g ~d lald over, was again before ~e ~y, ~. ~o~s offering second reading and final adoption= (%22798) ~ O~X~CE ~endlng Title VI. T~atlon, of The Code of the City of ~anoke, 1956, as ~end~ by ~e addition of a new chapter, to be n~ered Chapter 12, providing for the assesament ~d t~at~on of certain real estate ~hen devoted to agricultural usel requir~ng appl~catlon to be ~de for such assessor ~d t~at~on, and providing proced~es to be t~en on such applications~ ~sing roll-~ck ~es on such real estate, ~d prov~d~g procedures for gsses~t and pa~ent of s~e and of certa~ pena~ties~ providing me,ods of appeal and review of assessm~ts ~d t~atlon ~de ~der this Ordinate. (For full t~t of Ordin~ce~ see Ordinate B~k No. ~. Th~s moved the adoption of ~e Ordinate. The motion wa~ seconded by ~. Ta~ and adopted by ~e following vote= ~yor Taylor ................................... NAYS= Non~ ........................... 0. C~ PROPER~-SCH~-S~VATXON~Y= Ord~n~ce No. 22801 au~oriz~g convey~ce of ~e city's foyer Be~ont EI~ Sch~l property l~ated at 724 Dale Avenue~ S. E., ~d Stewart Argue, S. E., ~or a no~al cons~deratlon, up~ certain te~ and conditions, having previously ~ before Co~cil for its first reading, read and a~opted on ~ts first reading ~d laid over, was again before ~e b~y, ~. Tho~s offer~g ~e foll~g for i~ second reading ~d f~al adoption= (122801) AN ORDII~CE author~zing conveyance of the Clty"e former Belmont Elementary School property, located at 724 Dale Avenue, S. E., and Stewart Avenue, S. E.~ for a non~nal considerationl upon certain terms and conditions. {For full text of Ordinance, see Ordinance Book NO. Hr. Thomas moved the adoption of the ordinance. The motion was seconded by Hr. Ltsk and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Ta-~n, Thomas, Trout and Mayor Taylor .................................... NAYS: None ............................ 0. CITY ENGINEER: Council having directed the City Attorney to prepare the proper measure accepting the proposal of Slue Ridge Stone Corporation for furnishing 10,000 tons of crusher run stone for use by the City at the Public Works Service Center, at the estimated cost of $26,000.00, upon certain terms and conditions, he presented same; whereupon, Hr. Taubman offered the following emergency Ordinance: ([22813) ~,N ORDINANCE authorizing the purchase of 10,000 tons of crusher r~n stone upon certain ter~ and conditions, by accepting the bld~ada to ~e City by Slue Ridge Stone Corporation; rejecting a certain other bid; and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. ~r. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES= Hessrs. Garland, Hubard, Lisk, Taubman, Thomas, Trout end Mayor Taylor .................................... NAYS= None ...........................0. ZONING: Council having directed the City Attorney to prepare the proper measure granting revocable, non-transferrable permission to Benny J. Sangid to pursue the hc~ue occupation of servicing televisions and radios upon pre~nises located at 2423 Orange Avenue, N. W., known as Lot 11, Slock of Villa Heights, Official Tax No. 2320811, upon certain terms a~d conditions, he presented sa~e; whereupon, Hr. Taubmanmoved that the following Ordinance be placed upon its first reading: ($22814) ~ ORDINANCE granting revocable, non-transferable permission to Benny J. Sa~gid to pursue the home occupation of servicing televisions and radios upon pren~ises located at 2423 Orange Avenue, N. W., known as Lot 11, Slock 6, Hap of Villa Heights, Official Tax No. 2320811, upon certain tez~ns and conditions. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Tauhman, Thomas, Trout and Mayor Taylor .................................... NAYS: None--J ......................... 0. ACTS OF ACKNOWLEDGMENT-IHTEGRATION°SEGREGATION-PEP~ONNEL D~pARTMENT- FAIR EMPLOYHENT pRACTICES= Council having directed the City Attorney to prepare the proper measure relating to the late WllliamC. Thc~ast he presented same! whereupon, ~ir. Thomas oEfered the following Resolution= ([22815) ARE SOLUTION relating to the late WIIJ~I~tiC. THOMAS. (For full text Of Resolutiont see Resolution Book No. H~. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Lisk and adopted by the following vote= AYES= Messrs. Garla~dt Hubard, Llsk~ Ta~fl~ma~, Thomas~ Trout slid Mayor Taylor .................................. ?' NAYS= None .......................... O. CO~tiiTTEES~POLiCE DEPARTMENT= council having directed the City Attorney to prepare the proper measure establishing a Citizens' Task Force for crime Prevention and Social Develoi~ent and providing for the appointment of a seven-m~mber Steering Committee to make certain recommendations relating to said task force, upon certain terms and conditions~ he presented same; whereupon, Mr. ThC~as offered the following Resolution: ($22816) A RESOLUTION eetabltshlng the citizens~ Task Force for Crime prevention and Social Development and providing for the appointment of a seven-member Steering Committee to make certain recommendations relating to said task force, upon certain terms and conditions. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taubma~, Thomas, Trout and Mayor Taylor ................................... ?- NAYS: None ........................... 0. MOTIONS AND MISCELLANEOUS BUSINESS= UNIFIED HUIiAN SERVICES TRANSPORTATION SYSTEM, INCORPORATED (RADAR): Council having previously received a commulllcation from}Ers. D. M. Ersklne, Chairman, Nominating Committee, Unified H~a~ Services Transportation Syste~, Incorporated, requesting that the City of Roanoke appoint two representatives to its Board of Directors, the Mayor advised that~ with the concurrence of Co~tncil, he is appointing Coencilmen David K. Lisk and James O. Trout as City of Roanoke representatives to the Board of Directors of RADAR. pARKS AND pLAYGROUNDS-SCHOOLS= Hr. Trout requested that Council and the City Administration i~mediately reconsider the upgrading of the foothall field at Woodrow Wilson Junior High School and advised that Mr. Billy H. Branch has agreed to donate approxitlately sixty loads of dirt to level the fleld at no expense to the City other than transporting the dirt to the site and requested that the adi~inistration be instructed to work out all necessary details. :! M~'. ~rout moYed that the n~tter be referred to the City l~lana~er to work out the necessary details. ~e ~tion was seconded by ~. Lisk ~d ~l~us ly adopted. ~ H~I~S OF CITXZENS~ BUrETs ~. ~arles ~dis ap~ared before ~e b~y and requested ~at Co~c~l ~ke a hard l~k at ~ts 1976-77 fiscal year b~get pro~ections ~d ~at ~ effort ~ ~de to keep all t~es ~ui~le. There ~lng no f~er bus~ness~ ~e ~yor declared ~e meeting ad~J ourned. APPROVED ATTEST: City Clerk Mayor 6O COUNCIL, ~UIJ, R NEL'~ING, ~,onday, April 5~ 1976. The Council o[ the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, on Monday, April 197g, at 2 p.m., the regular meeting hour, with~ayor Noel Co Taylor presiding° pRESENT= Councilmen Robert A. Garlandt William S. Hubard, David K. Lisk, Nicholas F. Ta-~m~nt Hampton W. Thomas, James O. Trout and Hayor Noel C. Taylor .................................. ABSENT= None .........................0. OFFICERS PRESENT= Hr. Byron E. Haner, City Hanager~ Hr. Sam N. McGhee, III, Assistant City Manager~ Hr. James N. Klncanon, City Attorney~ ~tr. James E. Buchholtz, Assistant City Attorney~ Hr. A. N. Gibson, Director of Finance~ and Mrs. Hary F. Parker, C~ty Clerk. INVOCATION~ The meeting was op~ned with a prayer by the Reverend Marvin E. Jacobs, Pastor, Waverly Place Baptist Church. BEARING OF CITIZENS UPON PUBLIC HATTERS= AIP~ORT= Pursuant to notice of advertisement for bids for electrical alterations at Roanoke Municipal Airport, ~oodru~Fieldt said proposals to be received by the City Clerk tmtll 2 p.m., Frlday, April 1, 1976, and to be o~ened before Council at 2 p.m., Monday, April 5, 1976, the Hayor 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 blds~ whereupon, the City Clerk ope_~ed and read the following Bidder Bas~ Bid Alt. No. 1 Alt. No. 2 Alt. No. 3 Alt. No. 4 Deduct Deduct Deduct Dedu=~ Floyd S. Pike Elec- trical Contractor, Incorporated $ 66,328 $11,767 $ 6,658 $ 9,362 $ 7,846 New River Electri- cal Corporation 79,107 14,834 7,294 8,917 9,111 Davis N. Elliott Company, Incorpor- ated 89,935 14,69~ 8,529 12,361 8,913 J. M. Murphy Com- pany, Incorporated 103,098 23,601 8,824 13,210 10,880 Cress Electric Com- pany, ~ncorporated and Branch and Associates 107,223 21,800 10,800 14,300 10,800 Hr. Lisk moved that the bids be re[erred to a committee to be appointed by the Mayor for tabulation, report and reco~endation to Council. The motion was seconded by Hr. Thomas and unan/~nously adopted. The Mayor appointed Messrs. Sam H. McGhee, Iii, Chalrn~an, Kit B. Kiser and R. C. Poole as ~rs of the committee. AIP~ORT-CITY PROPERTY-HISCEI/J~EOUS~ C~nd~ng officer H. E. schroeder appeared before Council and presented plans and specifications for the future Naval and Marine Corps Reserve Center to be built at the air- pert site on land donated to tho government by the City. Hr. Thc~as moved that the plans and specifications be received and flied. The motion was seconded by Hr. Trout and unanimously adopted, The Assistant City Attorney su~nitted a written report advising that Council, by Resolution NO. 22?80, authorized the City Manager to inform the Naval Facilities E~gineering Command of the Department of the Navy of the Clty*s intent to donate nine acres of land located at Roanoke Municipal Airport, Woodrum Field, to the Department of the Navy to be used as a reserve training center, that he has been informed that the Department of the Navy is prepared to accept the City*s conveyance Of the land and he has prepared a measure authorizing the conveyance of said land. {For ful! t~t, see report as filed in the City Clerk's office.} Hr. Garland ~oved that the following Ordinance be placed upon its first reading= (t22817) AN ORDINANCE authorizlng the City*s conveyance of 9.6 acres of land at Roanoke Municipal Airport, WoodrumField, to the United States Government, upon certain te~ms and provisions. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Hessrs. Garland, Hubard~ Lisk, Taubman, Thomas, Trout and Mayor Taylor ..................................... 7. NAYS: None ............................0. STADIUM= Mr. J~/nes Wiley appeared b~fore Council and presented a proposal relative to the construction of a six-lane 440 all weather offlclally sanctioned track facillty at Victory Stadiu~ to provide a central track facillty which will be easily accessible to the schools of the city, to the parks and recreation depar~nent ~n the summer and to the general public and will aid in the promotion of the sport of track and field in the Roanoke Valley. (For full text, see con~nunication as flied in the City Clerk's Office.} Mr. Thc~nas ~oved that the matter be referred to the Roanoke Civic Center and StadiumAdvisory Commission and the City Manager for study, report and recommendation to Council as soon as possible. The motion was seconded by Hr. Lisk and unan/~ously adopted. SCHOOLS-TRAFFIC= Mr. R. W. Pendleton appeared before Council and requested that a school crossing guard be stationed at the Crystal SprAng Eleme~ltary School due to the heavy traffic in that area. (For full text, see communication as filed in the City Cierk~s Office.} Hr. Trout moved that the matter be referred ~o the City Hanager for ~nvestigation and report to Council as soon as possible. The motion was seconded byHr. Hubard and unanimously adopted. PETITIONS AND COY~tUNICATIONS~ BUDGET-CLERK OF CO~RTSt A co~nication from Hr. Walker R. Carteru Jr., Clerk of the Cl=cuit Court, ~equesting certain transfers within his 1975-76 budget In order to meet expenses for the current fiscal year, was before council. (For ful! text, see cc~munication as filed in the City Clerk's Off,ce.) Mr. Thomas moved that Council concur in the request and offered the following emergency Ordinance transferring $100.00 from TraYs! Exp~nse end Education, SE00.00 from Maintenance of Building Property and Equipment, $5,500.00 from Supplies and Materials, $500.00 from Office Furniture and Equipment and appropriating $700.00 to Utilities and Communications and $6u000.00 to Contractual Services under Section ~125, 'Clerk of Circuit Court,' of the 1975-76 budget= ()22818) AN ORD~HANC~ to amend and reordain Section ~125, ~C~erk of Circuit Court,' of the 1975-76 Appro~riatlon Ordinance, and providing for an emergency. ~For full text of Ordinance, s~e Ordinance Book No. Hr. Thomas moved th~ adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote; AYES: Messrs. Garland, H~bard, Lisk, Taub~an, Thomas, Trout and Mayor Taylor .................................. 7. NAYS= None .......................... 0. HUHA~ ~ESOUNCES COHHZTTEE: A com~unicat~o~ from the Reverend Clay H. Turner, St. John's Episcopal Church, urging counciZ to respond posi- tively to the grant request from Roanoke Area Ministries for Emergency Aid and Services, was before the body. (For full text, see communication as filed in the C~ty clerk's Office.) Mr. Hubard moved that the co~unication be referred to the Human Resources Committee for its information in connection with its study of the matter. The motion was seconded by Mr. Lisk and unanimously adopted. CELEBRATIONS; A co~;~unlcation from Mr. John W. Menus1, Vice President/ General Hanager, Th~ Mennel Mil~ing Company of Virgin~a, requesting a rerout~g of the Roanoke B~centen/llal Parade to be held on July 5, 1976, was before Co~nc~12! (For full text, see co~mu~nication as filed in the city Clerk's Mr. William Craft, Event Coordinator, Roanok~ Valley Bicentennial Co~ission, appeared befor~ Coancil and advised that he talked with Mr. Mennel and Mr. Mennel requested him to ~_x~res; to the Council his winding, ess to cooperate in the Jefferson Street route as it now stands and he has scheduled a m~eting wlthMr. Menus1 on T~sday, Aprll 13, 1976, to work Out the details of the matter. t! Based on the above explanation, 14~. Garland moved tftat the ¢~,~lcation bo received and filed. The motion was seconded b~. and ~l~usl~ adopted. ~IS~TION-C~NSIVE ~~ T~NING ACT~ A c~ca- tion fr~. ~s H. Lynch~ ~yor~ Pawtucket~ ~ode Isl~d~ requesting sup~rt of ~asures to reduce ~e pr~e s~nsorship ~pulat~on criter~on the Co~rehens[ve ~plo~ent and Training Act from 100,000 to 50~000, was before Co~cll. (For full text, see ~lcat[on as f~led ~n ~e City Clerk's Office.) The C~ty ~nager advised that there would ~ advan~ges to ~e pro- ~sed legislat~on. Based upon ~e stat~t~d~ by ~e C~ty ~ager~ ~. Tho~s moved ~at the ~tter ~ referr~ to ~e City Attorney for pre~arat[on of the proper meas~e ~n su~rt of the leg~slation. The motion was seconded by Hr. Tarn ~d ~ously adoptS. ~TION-FI~ DEPAR~-S~ETS ~D ~YS-ST~ET LIGHTSt A c~ication fr~. Pau~ E. J~s transmitting a petition signed by 36 residents of the recently a~ed Roll~ng Wo~s S~iv~sio~ requesting that ~re hydr~ts be installe~ on the existing City of Ro~oke water ~ins ~n ~is s~[v~s~on to confo~ to ~e Insurance Services Office Standard Grading Schedule r~u[r~ents; ~at an ~ediate survey ~ ~de to dete~e an ade~ate lev~l of street ~ight~ng for ~e area and ~at such ~[ght f~xtures be ~ns~lle~ as soon as ~ss[ble; that the dangerous pot holes and o~er defic[enc~ in Mo~ta~n Road, N. W., be repaired as s~n as ~ss[ble ~d ~at this road ~d the various s~eets [n ~ll~ng Wo~s ~ placed ~n a priority ~sit~on on the next street paving plan for the City. (For full t~t, see co~ication ~d petition as filed city Clerkts ~. Trout ~ved that ~e co=~cation and petlt~on be referred to the C~ty ~nager for study, report an~ reco~endat~on to Co~c[l. Th~ motion was seconded by Hr. L[sk and ~an~ous[y adopte~. S~ETS ~YS: ~ application Erom~. ~chard M. Kursh~, Attorney, re~resenting He,ode Apparel, Incor~rated, requesting that a certain portion of Third Street, N. W., two alleys [ntersect~g w[~ ~rd Street, N. W.~ between Center Av~e and ~udon Ave~ue~ N. W.~ and a portion of Second Street~ N. W., be vacated, discont~nue~ and closed, was ~fore Co~c~l. (For full text, see application as f~led ~n ~e City Clerk's Office.) ~. ~s moved that the agpl~cat~on be referred to ~e City Pla~ing Co~sion for study, report and reco~dat~on to Cocci1. The motion was seconded by Hr. Trout ~d ~an~ously adopted. ~. Tho~s offered ~e JollYing Resolution ap~t[ng viewers in connection w[~ ~e request= (122819) ARE SOLUTION providing for the appointment of five free- holders, any three of whom may act, as viewers in connection with the applica- tion of Nalmodo Apparel, Inco, to permanently close and vacate a certain portion of Third Street, N. Wo, two alleys intersecting with Third Streeh, Second Street, N. W., whiuh land is more specificall¥ described below. (For full text of Resolution, see Resolution Book No. ~r. Thc~s moved the adoption o£ the Resolution. The motion was seconded by ~r. Trout and adopted by the following vote~ AYESt Messrs. Garland~ Subard, Lisk, Taubmant Thomas, Trout and ~L~yor Taylor ................................... NAYSt None ........................... 0. P~EPORTS OF OFFICERS= BUDGET-PUBLICWELFARE= The City Hanager submitted a written report recommending that $?,054.$0 be appropriated to Txaining tuHaxim~ze Inde- pendence for Adults and Children under Section [340, 'Title XX,' of the 1975-76 budget, to provide funds for this serVice which will be performed in group homes for mentally retarded citizens where they will receive training towards becoming self-reliant me~bers of society. (For full text, see re~ort as filed in the City Clerk's Office.) Hr. Trout offered the following emergency Ordinance appropriating $?,054.50 to Training to Maximize Independence for Adults and Children under Section %540, 'Title XX,' of the 1975-76 budget= (#22820) AN ORDINANCE to amend and reordain Section %$40, 'Title XX,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. 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, Taubman, Thomas, Trout and Hayor Taylor ..................................... NAYS= None ............................. BUDGET-~%~w-ENIL~ SOME: The City l~nager s~{tted a written report recommending that $4,000.00 be transferred from Salaries and Wages to Extra Belp under S~ction %327, 'Juvenile Nome,' of the 1975-76 budget, to provide funds for ~loyment of extra personnel for the remainder of the fiscal (For full text, see report as filed in the City Clerk's Office.} Hr. Thc~s offered the following ~mergency Ordinance authorizing (%22821) AN O~DINANCE to emend a~d reordai~ Section %52?, 'Juvenile Some,' of the 1975-76 Appropriation Ordinance, and provid~g for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. TauJ~na~ and adopted by the follow~ngvote= AYES= Messrs. Garland~ Hubard, Llsk, Ta-~, Thanes, Trout and Mayor Taylor ...................................... 7. NAYS= None .............................. 0. BUDGET-CITY NOME= The Clty Manager submitted a written re~ort recc~nnending that $6,500.00 be transferred from Supplies and Haterlals to Utilities and Co~lcations under Section ~539, 'Nursing Ho~,m of the 1975-76 budget, to provide funds to cover expenditures for the re~nainder of the fiscal year. (For full text, see report as flle~ in the City Clerk's Office.} Hr. Thomas offered the followlng emergency Ordinance authorizing the requested transfer= (~22822) AN ORDINANCE to ~mend and reordain Sect~on J539, 'Nursing Home,' of the 1975-76 Appropriation Ordinance, end providing for an emergency. (For full text of Ordinance, see Ordinanc~ Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Llsk and adopted by the followlng vote: AYF~= Messrs. Garland, Hubard, Lisk, Tauhman, Thomas, Trout a~d Mayor Taylor ...................................... NAYS= None .............................. 0. MUNICIPAL BUILDING-CLERK OF CIRCUIT COUNT= The City Manager submitted a written report advising of certain requested alterations and additions to the Courthouse Building, recommending authorization to advertise and receive bids to perform said alterations and additions, the contract not to exceed $12,000.00 (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard moved that Council concur ~n the recommendat£on of the City Manager. The motion was seconded by Mr. G~rland and ~nan~mously adopted. BUDGET-BRIDGES: The City Manager submitted a written report rec~=nend- lng authorization to execute Change Order No. I to the contract w£th Cunningham Core Drilllng and Grouting Corporation for drilling and grouting the east abu[ment of the Walnut Avenue Bridge, and that $14,289.32 be transferred to cover this expenditure. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard moved that Council concur in the request and offered the following e~nergency Ordinance transferring $14,289.32 from Salaries and Wages ender Section %345, 'Pollce,' to Walnut Avenue Bridge Abutment under Section J889, 'Transfers to Capltal Improvements Fend,' of the 1975-76 budget= (S22823) AN ORDINANCE to amend and reordaln Section %345, 'Police,' and Section J889, 'Transfers to Capital Improvements Fund,' of the 1975-76 Appropriation Ordinance, and providing for a~ emergency. {For full text of Ordinance, see Ordnance Book No. 66 Hr. Hubard~oved the adoption of the O~d:h~anceo The motion was seconded by Hr. Lisk and adopted by the followl-~g votez AYES= Messrs. Garlandw Hubardw Liskt Ta-~m~ Thc~ast Trout and Mayor Taylor ................................... ?. NA¥Sz None ........................... 0. Hr. Taubma~ offered the following emergency Ordinance authorizing the issuance of the change order~ {%22824) AN O~DINANCE authorizing the Issuance of Change Order No. I to the CityJs contract withC~nningha~Core Drilling and Grouting Corporation, heretofore entered into under date Of December 22~ 1975~ for drilling and grouting the east abutment of the Walnut Avenue Bridget so as to provide for certain changes in quantities of materials necessary for the work at an additional cost of $14,289.32~ and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Mr, Tau~man moved the adoption of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk~ Taubmanw Thomasw Trout and Mayor Taylor ................................... NAYS= None ........................... 0. CITY ENGINEER= The City Manager submitted a written report recommending authorization to execute change Order No. 1 to the contract with Graves Construction Company, Incorporated, for completion of the interior work, electrical work and certain equipment in the #Shell' building for the Public Works Service Center, in order to extend completion tLme from March 21 to June 1, 1976. (For full text, see report as filed in the city Clerk's office.) Mr. Thomas moved that Council concur in the report and offered the following emergency Ordinance authorizing the change order: (%22825} AN ORDINANCE authorizing the issuance of Cha~ge Order No. to the CityJs contract with Graves Construction Company, Inc., heretofore entered into on Hay 1, 1975, for the completion of the interior work, electrical work and designated equipment in the City's Public Works Service Center, so as to extend the ti~e for completion of the work sevanty-one (71) calendar days, from Hatch 21~ 1976, to June 1, 1976~ and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded hyMr. Lisk and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Tauhman, Thomas, Trout and Mayor Taylor ...................................... ?o NAYS: None .............................. 0. WATER DEPARTI~ENT= The C£tyManager submitted a writt~ report requesting concurrence in accepting an easement from Realty Ventures I in counection with said developer's installation of a water line in the Blue Ridge Industrial Park area. (For full text, see report as filed in the City Clerk's Office.} Hr. Taulman moved that Council concur l.u the request and offered the following emergency ordinance: (122826) AN O~DINANCE authorizing the acquisition of a certain perpetual easement through property in Roanoke County belonging to Realty Ventures l, in Aerial Way Industrial Park, for public water line purposes, upon certain terms and conditions! and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Nubard and adopted by the following vote: AYES: Messrs. Garland, Hubard, Llsk, Ta-~m~n~ Thc~uls~ Trout and Mayor Taylor ........................................ ?. NAYS: None ................................ 0. STATE HIGHWAYS-INDUSTRIES: The City Manager submitted a written report rec~ending adoption of an appropriate Ordinance authorizing execution of an agreement with Norfolk and Western Railway Company for a new eight inch sewer pipe llne to cross said Company's tracks, due to relocation of some City uti] lines because of construction of the Southwest Expressway from Franklin Road to Broadway. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the report and offered the following emergency Ordinance: (%2282?) AN OKDINANCE authorizing the City's execution of a ~ritten license agreement with Norfolk & Western Bailway Company providing a right to the City to construct, maintain and operate an eight inch carrier pipeline t~lder and across said Cc~peny~s property so that the City ~ay provide sanitary sewer service on Colonial Avenue~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Ta~, Thomas and Mayor Taylor ..................................... 6. NAYS: None ....................... S. (Mr. Trout not voting) BRIDGES-INDUSTRIES= The City Manager submitted a written report reco~ending adoption of the appropriate measure authorizing execution of an agreement between the Coaunonwealth, the City, and the Norfolk and Western Railway Company, which delineates the responsibilities of each relative to the construction of the proposed Jefferson Street Bridge over the Railway Company's right of way and establishing an estimate of coats anticipated by the Railway Company. (For full text, see report as filed in the City Clerk's Office.) Hr.' Lisk moved that Council concur in the report and offered the following Resolution: 68 (122828) & I~ESOIAt'TIOH authorizing the execution on behalf of the City of an agreement between tho Clt~, the Commonwealth of Virginia and the Norfolk and Western Railway Company relating to the construction of the new Jefferson Street Bridge over the Norfolk and Western Railway Company"s tracks and Roanoke River, as a part of Project U~OO-128-106, B-606, RW-201~ and related ~mprovem~nts. (For full text of P~solutiont see Resolution Book No. Mr. hisk moved the adoption of the Resolution. The motion was seconded by Hr. Hubard and adopted by the following vote= AYES= Messrs. Garland~ Hubard, LIsk, Ta-~n, Thomas and Playor Taylor ....................................... 6. NAYS= None ......................... 0. (Mr. Trout not voting) SALE OF PROPERTY-CITY PROPERTY= The City Hanager subm/tted a written report in connection with a request of Hr. Harvey S. hutlns, Attorney, representing Dr. Jack B. Rapoport and Dr. Ronald D. Blum, that they be authorized to lease approximately .1159 acre of land situated on Peters Creek Road, N. W., north of Te~essee Avenue, recommending that the property be leased for $67.00 a mouth and that authorization be given to utilize same as access and for parking spaces for a new facility. (For fu~X text~ See report as filed in the City Clerk*s Office.) Mr. Taubman advised that Dr. Rapoport has additional information which he would like to,ko available to the Real Estate Com~L~ttee and ~ved that the matter be referred back to the Real Estate Cc~mittee for further study, report a~d r~co~mendat~ou to Council. The motion was seconded by}tr. Garland and unanimously adopted. REPORTS OF COMMITTEES= CELEBRATIONS= A report of the Roanoke Valley Bicent~_nnial Commission respectfully requesting that Councll siguify its willingness to accept the proposal of those ~nterested to r~novate and restore th~ old red brick building and the old Snow steam e~g~ne and pump therein on the City"s Crystal Spring property, w~thout cost to the city, to a point where they~ay be used for advantage by residents of and visitors to the area, and also its intent to maintain and operate same as a permanent attraction, such schedule of opera- tion as interest and demand for it ~s indicated by public use, was before the body. (For full text, see report as filed in the City Clerk"s Office.) Mr. Robert W. Woody appeared before CoUncil and urged that the recommendation be approved. Mr. Philip H. Lemon, Vice President, Roanoke Valley Historical Society, appeared before the body and requested that Co~nci! signify its approval of the above project and its i~t~nt to maintain the restored pumping station as a public attraction by appropriate Resolution. (For full text, see communication as filed An the City Clerk*s Office.) After a discussion of the proposal, fir, Llsk moved that Council concur in the request and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded byMr. Trout and unanim~usly adopted. AUDIT CO~24ITT~E-LICENSES~ The Audit Committee submitted a written report advising of the preparation of necessary legal papers which will allow the City Treasurer to accept and process payments for auto decals prior to their normal sale date, a Resolution instructing banks that manually handwritten signatures on future City warrants will not be valid, and necessary legal papers which will establish a separate Civic Center bank account. (For full text, see report as filed in the City Clerk's Office.) The Treasurer appeared before Council and advised that he had not bean furnished with a copy of the Ordinance relative to the prepayment for City decals and requested that action thereon be deferred and that the proposed Ordinance be referred to the City Taxes Co~=uittee for study, report a~d recom- mendation to Council. After a discussion relative to the proposed Ordinance and a procedure of coordination of personal property tax assessment a~d the sale of City decals, Mr. Hubardmoved that the proposed Ordinance be referred to the City Taxes Committee for study, repert and rec~clmendatlon to Council by its next regular meeting on Monday, April 12, 1976. The motion was seconded by Mr. Lisk and unanimously adopted. Mr. Httbard further moved that the basic question of the coordination of assessment of personal property taxes and the sale of City decals be referred to the City Taxes Con~nittee for study, report and recommendation to Council. The motion was seconded by Mr. Garland and unanimously adopted. With reference to the other two iter/s referred to in the report, the City Attorney stated that it was his understanding that he was to present these measures to the Audit Connnlttee at its next regular meeting. Mr. Habard advised that the measures will be before the Audit Committee at its next meetlng on April 21 and will be presented to the Council at its regular meeting on Monday, April 26. of items referred but still pending from August 18, 1975, through March 29, 1976. (For full text, see llst as filed in the City Clerk's Office.) Mr. Lisk moved that the llst be received and filed and take~l th~der consideration. The motion was seconded by }ir. Thomas alld tulaninously adopted. 69 '7O INTRODUCTION ANDCONSIDERATION OF ORDINANCES AND RESOLIITIONSs ZONINGoARNEXATIONs Ordinance No. 22802 amending Section 2, of Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1956, as amended, provid- ing for zoning classifications for an area In the northwestern quadrant of the city, which area was annexed by the City of Roanoke as of m~dnight, December 31, 1975, and incorporating said area lnto the Officia! 1966 Zoning Map of the city of Roanoke, having previously been before Council for its first reading, read and adopted On its first reading and laid over, was again before the body, Hr. Thomas offering the following for its second reading and final adoption= (%22802) AN ORDINANCE a~nending Section 2, of Chapter 4.1, of Title XV, of The code of the City of Roanoke, 1956, as amended, providing for zoning classifications for an area in the northwestern quadrant of the City, which area was ar~aexed by the City of Roanoke as of ~dnight, December 31, 1975, a~d incorporating said area into the official 1966 Zoning Hap Of the City of Roanoke. (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: Hessrs. Garl~d, Hubard, Lisk, Ta-Bm~, Thomas, Trout and Mayor Taylor .................................. 7. NAYS: Nose .........................0. ZONING-ANNEXATION= Ordinance No. 22803 a~endlng Section 2, of Chapter 4.1, of Title XV, Of The Code of the City Of Roanoke, 1956, as amended, provid- ing for zoning classifications for an area in the southwestern quadrant of the city, which area was annexed by the City of Roanoke as of m~dnight, December 31, 1975, and incorporating said area into the Official 1966 Zoning Hap of the city of Roanoke, having previously been before Council ~or its first reading, read and adopted on its first reading and laid over, was again before the body. Hr. Holman W. Willis, Attorney, appeared before councll in reference to an area of land on Aerial Way Drive being a parcel of the former Cook property near the Blue Ridge Park for Industry, and also a parcel of la~d on the northern side of L~e Highway west Of the Stratford Park Office Building, and requested that these properties be zoned in a c~parable city zoning classification a~ they had when they were in the Coonty prior to an~exatlon which would be light ~anufacturing and office and institutional districts. Hr. Hubard moved that action on the requests b~ deferred until later in the meeting in order for the City Attorney and Hr. Willis to provide Cou~cll with a written description of the properties. The motion was seconded by Hr. Thomas and unanimously adopted. Hr. E. L. Longbrake, 4923 Woo~mar Drive, S. W., appeared before COU/%Cil concerning a parcel of land adjacent to Route 419 between the Southwest Plaza and Woodmar Drive, advising t~at at the Hatch 29 public hearing Council approved the zoning of this parcel of land to C-2~ expressing objection to the Cnmmorcial classification and requesting that the land be reclassified as office and Institutional. (For full text, see co~munication as filed In the City Clerk's Office.) Mr. Rudy COX appeared before Council and advised that his property on Route 419 was zoned B-1 in the County, that C-1 in the City is a comparable classification, but Council zoned the property to commercial (C-2) on March 29, 1976o Hr. Richard F. Pence and Mr. John D. Copenhaver, Attorneys, represent- ing the Virginia Conference of the United Methodist Churcht appeared before Council in reference to two parcels of land owned by their client on Route 419 and stated that even though the property was zoned to a co=~ercial classification by council on ~arch 29, 1976, it was their u~derstandlng that Council wanted to place the land tn a proper zoning rather than rubber stamping the County zoning which was R-l, Residential. After a lengthy discussion of the matter, Mr. Hubard moved that Official Tax No. 5090205 be moved fro~ sabparagraph (b) and placed in subparagraph (d] and further that property bearing Official Tax Nos. 5090207, 5090208 and 5090209 be moved from subparagraph (b) and placed in subparagraph (c}, the purpose being to place these properties in a co~parable City zoning classifica- tion as they had in the County prior to annexation. The motion was seconded by Mr. Taubman. Mr. Thomas offered a substitute motion that property bearing Official Tax Nos. 5090205, 5090207, 5090208 and 5090209 be referred back to the City Planning Cc~mission for further consideration and recommendation to Council at its meeting on Monday, April 26, 1976, in order to provide a com- parable City zoning classification for these properties as they had when they were in the County prier to annexation. The motion was seconded by}tr. Garland a~d adopted, Mr. Hubard voting no. Mr. Thomas stated that the intent of his motion is that the property in question will come back to the Council with no less classification than it had in the County and if the City planning commission desires to reco~end a higher classificatlon, this ca_~ be considered by the Council at the public hearing. with reference to the request ofHr. Ho]-ma~W. Willis, ~{r. Hubard ~oved that the following subparagraph be added to Ordinance NO. 22803: (e) That area being a parcel Of the fo~mer Cook property bounded on the east by Aerial Way Drive, S. W., on the south by a llne extending west from a point on Aerial Way Drive, $. W., approximately 217 feet north of Lee Highway for a distance of 250 feet parallel to Lee Highway to a point, on the west by a curved line parallel to Aerial Way Drive, S. W., on the north by Norfolk and Western Railway property, said area here- tofore classifled as H-1 in the County of Roanoke be, and said area is hereby reclassifled to LM- Light Manufacturing District. · l~he motion vas seconded by Hr, L.tsk and unanimously adopted. Also with reference to the request of Hr. Willie, ~r. Hubard moved that Ordinance No. 22801 be further amended to include the following under- lined property= (c) Those t~o areas, the first area beLuga triangular area bounded on the southwest by Va. Rt. 419, on the northeast by HcVltty Road, S. We, and on the northwest by the north- western property line of the United Virginia Ban~ and the second area bounded on the east by Va. Ri. 709, Lee Highway, and an unnamed road, on the south by a line extending west from the point where said urinated road ~akes a curve from the west to the north to a point on Deyerle Road, S. t~., which point is approximately 525 feet south of the intersection of Deyerle Road, S. ~o, and Lee Highway, and on the north by a line extending approx/~ately 450 feet east along Lee Highway and then generally following the western and northern boundaries of the Stratford Park Office Build~ng property, to include the property on the northern side of Lee Highway located to the west of the afore-mentioned Stratford Park Office Building property bounded by the Ho C. Spangler property on the west~ on the north by an unnamed road and on the south by Lee R£ghway, be and said a~.~.ps ere hereby reclassified C-l-office and Institutional District. The motion was seconded by Hr. Lisk and unanLmously adopted. ~r. Lisk then offered Ordinance ~o. 22803, as amended, for its second reading and final adoption= (%22803) AN OPJ~I~CE amending Section 2, of Chapter 4.1~ o£ Title XV, of The Code of the City of Roanoke, 1956, as amended, providing for zon[ng classifications for an area in the sou~western quadrant of the City, which area was annexed by the City of Roanoke aa of ~idnight, December 31~ 1975, and incorporating said area into the Official 1966 Zoning Flap of the City o£ Roanoke. (For full text of Ordinance, see Ordinance Book No. Mr. Lisk moved the adoption of the Ordinunce as amended. The motion was seconded by Mr. Trout end adopted by the following votei AYES: Messrs. Garland, Hubard, Lisk, Ta~bman, ThOmas, Trout and Mayor Taylor ..................................... NAYS= None ............................. O. ANNEXATION-ZONING= Ordinance No. 22804 amending Section 2, of Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1956, as amended, providing for zoning classlflcatlons for an area in the northwestern quadrant of the City, w~ll eh area was annexed by the City of Roanoke as of ~id~ight, December 31, 1975, and incorporating said area into the Official 1966 ~onlng Map of the City of Roanoke, having prevlously been before Council for its first reading, read and adopted on its first reading and lald over, was again before the body, Mr. Trout offering the followlng for its second reading and final adoption= (%22804) AN ORDINANCE amending Section 2, of Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 19S6, as amended, providing for zoning classificatlons for an area in the northwestrn quadrant of the City, which area was annexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area into the Official 1966 Zoning Map of the City of Roanoke. (For full text of Ordinance, see Ordinance Book No. M~. Trout moved the adoption of the Ordinance. The motion was seconded by}ir. Ts-~n and adopted by the following votel AYF~I Hessrs. Garland, Hubard, Llsk, Ta,,~m~, Trout and~ayor Taylor .................................. NAYS: None ...................0. (~r. Thomas was out of the Council Chamber) ANNEXATION-ZONING~ Ordinance NO. 22805 amending the first paragraph of Section 2, of Chapter 4.1, of Title XV, and amending Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1956, as 8m~nded, by the addition of a new section to be n~u~b~red and entitled, Sec. ?.1. AG agricultural district, which establishes a~ additional zoning district classlficatton, hav- ing previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the bo~y, Mr. Trout Offer- ing the following for its second reading and final adoption= (t22805} AN ORDINANCE a~endlng the first paragraph of Section of Chapter 4.1, of Title ~V, and a~ending Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1956, as amended, by the addition of a new section to he numbered and entitled, Sec. 9.1. AG-agricultural district which establishes an additional zoning district classlfication. (For full text of Ordinance, see Ordinance Book No. Mr. Trout moved the adoption of the Ordinance. The motion was seconded hy Mr. Taubman and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taubman, Trout and Mayor Taylor .................................. 6. NAYS: None .................... 0. (Mr. Thomas was out of the Council Chamber) ZONING-FLOODS-HURRICA~S~ Ordinance No. 22806amending subsection Definitions; exception, of Sec. 33,1, of Chapter 4.1 of Title XV, of The Code of the City of Roanoke, 1956, as a~ended, incorporating by reference a flood hazard information study of the United States Army Corps of Engineers, having previously been before Council for its first reading, read and adopted on its first reading and laid over was again before the body, Mr. Treut offering the following for its second reading and final adoption: (122806) AN ORDINANCE a~ending subsection 2. Definitions; exception, of Sec. 33.1, of Chapter 4.1 of Title XV of The Code of the city of Roanoke, 1956, as amended, incorporating by reference a flood hazard information study of the United States Army Corps of Engineers. (For full text of Ordinance, see Ordinance Book No. 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, Taubman, Trout and Mayor Taylor .............................. 6. NAYS: None ................ 0. (Mr. Thomas was out of the Council Chamber) ZONING= Ordinance NO. 22614 granting revocable, non-transferable pe~miselon to Benny J. Sangid to pursue the home occupation of se~vtcing tele- visions and radios upon premises located at 2423 Orange Avenue, M. H., known as Lot 11, Block 6, Hap of Villa Heights, Official Ta~ NO. 2320811, upon certain terms and conditions, having previously been before Council for its first reading, read and adopted on Its first reading and laid over was again before the body, Mr. Trout offering the following for its second reading and final adoption: (922814) AN ORDINANCE granting revocable, non-transferable permission to Benny 3. Sangid to pursue the hc~ue occupation of servicing televisions and radios upon premises located at 2423 Orange Avenue, N. W., known as Lot Il, Block 6, Hap Of Villa Heights, official TaX No. 2320811, upon certain terms and COnditions. (For full text of Ordinance, see Ordinance Book No. Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Bubard, Lisk, Taubman, Trout and Mayor Taylor ............................ 6. NAYS: None .............. 0. (Mr. Thomas was out of the Council Chamber) HOUSING-SLUM CLEARANCE= Cotu%cil having directed the city Attorney to prepare the proper measure authorizing the City of Roanoke Redevelopment and ~euslng Authority's temporary use of two lots on the south side of Salem Avenue, between 15th Street and 16th Street, S. W., for recreational purposes in connection with the Hurt Park Community Development Project, he presented same; whereupon, Mr. Trout moved that the following Ordinance be placed upon its first reading: (%22829) AN ORDINANCE authorizing the city of Roanoke Redevelopment and Housing Authorlty's temporary use of two lots on the south side of Salem Avenue, between 15th Street and 16th Street, S. W., for recreational purposes in connection with the Hurt Park Community Development Project. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Tauh~uan, Trout and Mayor Taylor .............................. 6. NAYS: None ................ 0. {Mr. Thomas was out of the Council Chamber)i! ANNEXATION-STP~EETS AND ALLEYS: Council having directed the City Attorney to prepare the proper measure amending and reordalning Sec. l, of Chapter 5, Title XVII, of The Cede of'the City of Roanoke, 1956, as amended, redefining the quadrants of the City and relating to the avenues, streets and boulevards therein, he presented sa~e; whereupon, Mr. Trout moved that the following Ordinance be placed upon its first reading: ([22830) AN ORDIHAI~CE a~:~,ndJ~ng and reordaining Sec. 1~ of Chapter 5, Title XVII, of The Code of ~e City of Ro~oke~ 1956~ as ~nded~ ~ede~ln- ~g the quadrants of the City ~d relating to ~e avenues, streets and boulevards ~erein. (For full text of Ordin~ce~ see Ord~n~ce ~ok No. The ~tion was seconded by~. Ta-~n and adopted by ~e foll~ng voter A~S~ Messrs. Garland~ H~ard, L~sk~ Ta~, Th~s~ Trout Mayor Taylor .......................... NAYS~ None .................. 0. B~ET-POST OFFICE= ~. Trout offered ~e fo11~ng ~rgency Ordin~ce appropriating $50,000.00 to Post O[f~ce Property ~der Section ~889, 'Transfers to Cap~tal ~prov~nts F~,' of the ~9~5-~ relative to bidding doc~ts on ~e surplus post off~ce facility on Ch~ch Avenue~ S. {%22831} ~ O~I~CE to ~end and reordain Section %889, fer2 to Capital lmprov~ents F~d,' of the ~9~5~6 Appropriation Ordinance, ~ providing for an {For f~ll text of Ordinance~ se~ Ordinance ~ook No. ~. ~out~ved ~e adoption of ~e Ordinance. The motion was secon~e~ by ~. Lisk and adopted by ~e following vote: AYES: Messrs. Garl~d, H~ard, L[sk, Ta~, Th~s, Trout and Mayor Taylor ................................... NAYS: None ........................... P~ING-SW~NG P~: ~. Ta~ offered ~e following ~ergency Or~n~ce accegt[ng a certain bid ~d awarding a certain contract for construction of two m~c~pal ~{~*ng p~ls in Washington Park ~d Fallon Park, upon certain te~ and conditions ~d rejecting all o~er bids therefor: (%22832) ~O~I~CE accepting a certain bid ~d awarding a c~rk~n con~act for cons~=t~on of two {2) m~ic[~a[ swiping p~ls ~n the City, u~n certain te~ ~d cond~tions~ rejecting certain o~er bids made th~r~for~ and ~rovid[ng for ~ (For full text of Ordln~ce, see Ord~ce B~k NO. ~. Ta~ moved ~e adoption of ~e Ord[n~ce. The motion seconded by ~. Garland and adopted by ~ following vote: AYES= Messrs. Garland, H~ard, Lisk, Ta~ Th~s~ Trout ~yor Taylor .................................. NAYS= None .........................0. In this co~ection, a c~ication fromm. George E. Fr~l[n, ~ecutive Director, Opport~it~es Industrialization Center, congratulating Co,cf1 on ~ts decision to car~ out its earlier cogent on building m~tcipal sw~ing p~ls, advising ~at ~e question of s~er pools vers~ year-ro~d pools ~s a mute issue ~d that the City should proceed to const~ct p~ls ~at will all~ for conversion at ano~er phase [n development~ that a fee system adequately developed, sufficiently explained and p~operly t~ned c~n be afforded by all of the people and would enhance ~helr eel£ ~age and promote their care of the facllities~ and urging that ~houghtful consideration be given to the concepts Included tn his Hatch 29, 1976, address to the Council, was before the body. IFor full text, eeo com~mication as filed in the City Clerk*s Office.) The City Clerk advised that Hr. Franklin had to leave the meeting but had filed supplemental remarks with her and read those remarks to the members of Council in which it was requested that Council complement its earlier position relative to spending the City tsxpayer~s money w~th the taxpayer to the extent feasible, that the awarding of the contract for swlm~t,g pco1 construction offers an excellent opportunity for this and that Council may do this by directing the achainistratton that the contract between the City and the contractor insure the usage Of persons of the neighborhood of sites and m/nority s~b-contractors to the extent feasible as determined jointly by the city administration and the contractor subject to Council's review. (For full text, see supple-~e~tal statement as filed in the City Clerk's Office.) The City H~nager stated that a federal contract is involved and the contractor must meet requirements of equal employment practices. Hr. Thoma~ moved that the co~munlcation and supplementa! statement from Hr. Franklin be received and filed. The motion was seconded by Mr. Lisk and una~/~nously adopted. Hr. Tau~nan moved that the City Manager be instructed to undertake a study and advise the Council in writing at a later date as to what he feels would be an appropriate charge for an individual using either of the two municlpal swimming pools in Washington Park end Fallon Park. The motion was seconded by Mr. Thomas and unan/mously adopted. In this connection, a communication from Ms. Susan L. Preddy, 2607 Dorchester Drive, N. W., advising that she is totally against the building of any more municipal swiping pools and feels that Council should consider closlng the three pools already in existence, that it should be obvious the City cannot afford the operating costs of ltlxury item~ of this type and she greatly objects to Council even considering increasing real estate taxes to pay for operating swimming pools, Was before the body. (For full text, see communication as filed in the City Clerk's Office.) Hr. Lisk moved that the co~v_nicatlon be received and filed. The motion was seconded by Hr. Trout and ~na~i~ously adopted. MOTIONS AND HISCELLANEOUS BUSINESS: COMMITTEES- CITIZENS~ TASK FORCE FOR CRIHE PREVENTION A]/D SOCIAL DEVELOpHE~T: Hr. Thomas moved that Council meet in Executive Session to discuss personnel matters relative to appointments to various boards, co~=nittees, and commissions. The ~otlon was seconded by Hr. Hubard and adopted by the following vote: ~ayor Taylor ................................. ?. NAYS~ None ......................... 0. ~er Steering Co=~uittee to make certain reco~nne~dations relating to the formatior of a Citizens' Task Force for Cr~ne prevention and Social Developmentw the Mayor and each member of Council to appoint one member to the com~ttee, the Mayor called for said appointments. Mr. Garland appointe~ Mrs. Bonnie K. Lowe. Mr. Hubard appoLnted Mr. James W. Williams. Mr. Tau~an appointed Mrs. A~thur Solomon. Mr. Thomas appointed the Reverend Leroy C. Roberts. The Mayor appointed Father Michael Schmied. The appointments to be made by Counci]me~ Lisk and Trout are to be deferred until the next regular meeting of Council on Monday, April 12, 1976. Co==:ittee, the Community Relations Committee, the Roanoke City School Soard Committee on April 14, 1976, and the Youth Commission on April 30, 1976. deferred %mtil the regular meeting of Council on Monday, April 19, 1976. The motion was seconded by Mr. Ta,,hm~n and unanimously adopted. Fair Housing Board expired on March 31, 1976, and called for nominations to fill the vacancies. three years each ending March 31, 1979, by the following vote: There being no further business, the Mayor declared the meeting adjourned. ATTEST: City Clerk Mayor COUNCIl., REGULAR /iF~TING, Honday, April 12~ 1976. The Council of the City of Roanoke met ~n regular meeting in the Council Chamber in the Municipal Bulldi~lg, City of ~oanoke, on Monday, April 1976, at 2 p.m.~ the regular meeting hour, with ~ayor Noel C. Taylor presiding. pP. ESENT: Councilmen Robert A. Garland, William S. Bubard~ David K. Llsk~ Nicholas F. Ta~!~n, Hampton W. Thomas~ James O. Trout and Mayor Noel C. Taylor ........................................ ABSENTI None .......................0. OFFICERS p~ENT: ~r. Byron E. Haner~ City Hanager; Mr. Sam H. McGhee, III, Assistant City ~anager; Mr. James N. Kincanon, City Attorney~ Mr. Ja~es E. Buchholtz, Assistant City Attorney; Mr. A. N. Gibson, Director of Finance; and Mrs. Mary P. Parker, City Clerk. INVOCATION: The meting was opened with a prayer by the Reverend Ralph E. Shcber, Retired Church of the Brethren Minister. MINUTES: Copy Of the ~/nutes of the regular meeting held on Monday, March 29, 1976, having been furnished each member of Council, on motiou of Mr. Trout, seconded by Hr. List and ~a~i~ously adopted, the reading thereof was dispensed with and the m/notes approved aa recorded. HEARING OF CITIZENS UPON PUBLIC MA~fERS: pFeiSIONS= Hr. L. C. Musgrove representing the Fraternal Order of Police Association, appeared before Council and presented a prepared state- ment requesting that the ~atter of increasing the pensions of those pollceme~l and firemen and their widows retired u~der the pre-1946 plan be referred to the Retir~ent Board for study, report and reco~endation to City Council within 30 days, and that the Retirement Board be requested to invite a member of the F.O.P.A. to meet with the Board to present their case. (For full text, see statement as filed in the City Clerk's Office.) Hr. D. W. Brown also appeared before Council and presented a co~uni- cation advising that he retired from the Fire Department on May 1~ 1953, and was told that he had served sufficient length of ti~e so as to draw the v~aximum pension benefits, that on July 1, 1972, members serving 30 years or more were given $15.00 per month for each additional years~ service to a maximtu~ of $300.00 per month, that approximately l0 firemen a~d 16 policemen, with between 25 and 30 years of service were not included in this adjustment in pension and requesting that these men be given the same consideration as sho~n to other policemen and firemen. (For full text, see communication as filed in the City Clerk's Office.) Hr. Trout moved that the request of the Fraternal Order of Police Association be referred to the Board of Trustees, Employees~ Retlreme~nt System, for study, report and reeo~a~endation to Council and that a representative of the F.O.P.A. be invited to attend the meting of the Board in order to present their case. The ~tlon was seconded by Mr. Lisk and unanimously adopted. Hr. Trout moved that the request of ~tr. Bro~u also be referred to the Board of Trustees~ ~mployees~ Retirement'System~ for studyw report and recommendation to Council and that Mr. Brown be invited to attend the meeting of the Board in order to present his case, The motion was seconded by Mr. Llsk and unanimously adopted, With reference to that portion of the request from the F.O.P.A. that the Retirement ~oard report back to Council with its recommendations within 30 days, Mr. Lisk suggested that the Board call a special meeting to consider the requests as soon as possible~ whereupont the Director of Finance who also serves as Secretary of the Board stated that he assumes Council will want to have actuarial studies on the requests, that once the Board ~eets and advises hLm as to the manner in which they would like to address the matter, he will proceed with the studies and all of these steps will take more tha~ the suggested 30 days. Mr. Llsk ~oved that the Secretary or Chalr~a~ of the Board of Trustees, Employees~ Retirement System, be requested to call a special meeting of the Board as soon as possible to consider the two requests. The motion was seconded by Mr. Trout and unanimously adopted. Mr. Musgrove and ~r. Brown requested that they be notified o£ the meeting or meetings of the Board i~ Order that they my appear and present their cases. PETITIONS ARD COMMUNICATIONS= BUDGET-SCHOOLS= A commu~icatlon from the Roanoke City School Board requesting that $6,000.00 be appro~riated to Section ~l?100, 'Schools - Reglonal Apprenticeship PrOgram, Adult Education,' of the 19~5-76 budget of the Roanoke City Sehoo! Board, to provide funds to pay salaries of instructorm, l! 100 per cent o~ funds to be reimbursed by State Department of Education funds, was before Council. (For ful! text, see con~unication as filed in the City Clerk's Office.} Mr. Thomas moved that Council concur in the request and offered the following emergency Ordinance appropriating the requested funds: (#22833) AN ORDINANCE to a~end and reordain Section 'Schools - Regional Apprenticeship Program, Adult Education,' of the 19~5-~6 Appropriation Ordinance, and providing for an emergency. (For ful! t~xt of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Tau~man and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Tau~, Thomas, Trout and Mayor Taylor .................................... NAYS= None ............................ 0. 8O CELEB~ATIONS~ A communication fro~Hr. Thcenae J. Bllley, Jr., President, and Hr. Richard L. DeCeit, Executive Director, Virginia Town & City, extending an invitation to the city to participate ~n the June Bicentennial issue of Virginia Town & City, at a nom~na! fee to cover printing costs, was before Council. (For full text, see cOn~unication as filed ~n the City Clerk's Office.) In vlew of the fact that the City of Roanoke contributes to a large degree to the Convention Bureau and since that organizaticu% has funds in its budget for publicity and promotion of the Roanoke Valley, Hr. Lisk moved that the matter be referred to the Convention Bureau with the request that it strongly consider the invitation and appropriate sufficient funds for printing costs in order for the city to participate in the June issue of Virginia Town and City and advise the Council as soon as possible as to their decision on the matter. The motion was seconded by Hr. Thomas and unanimously adopted. SIDEWALK, CURB ANDGUTTER-STREETS AND ALLE¥S= A petition signed by eight residents of Wayne Street, N. E., requesting that said street be paved from the 1600 to the 1800 block m and that curb and gutter be installed, was before Council. (For full text, see petition as filed in the City Clerk's Office.} Hr. Trout moved t~at t~e petition be referred to the City Manager for study, report and recon~endation to Council. The motion was seconded by Hr. Garland and unanlmously adopted. GARBAGE REMOVAL: A co~unlcation from Hr. Ronald Hiller, Secretary, Roanoke Valley Regional Solid Waste Management Boardw trunsmltting a Resolution adopted by the Board on April 7, 1976, requesting approval Of all participating governing bodies in the clty~s conveyance of a certain 16.59 acre tract of land from the original landfill site for no consideration to the United States Government, Department of the Interior, and concurrence that the remaining lend of the current landfill site is worth the full value of the purchase price paid to the former owner for the total acreage, was before Council. (For full text, see communication and Resolutlon as filed in the City Clerk's office.} The City Hanager recommended that Council concur in the request. Mr. Bubard moved that CoUncil concur in the request of the Roanoke Valley Regional Solid Waste Hanagement Board as recommended by the City Hanager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Lisk and unanimously adopted. Mr. Taubman moved that the City Attorney also be instructed to prepare the proper measure repealing Ordinance No. 22718 adopted by the Council on February 23, 1976. The motion was seconded by Hr. Trout and ktnan/~nously adopted. BUSES-COt4PLAIN~S~ Copy of a con~mnication f~omCouncllz~n Robert Garl~ addressed ko ~. Jo~ F. S~ey~ Valley He~ro~ a~v~s~g of fr~ t~payers in ~e Craig ~rtson R~d ~d Ho~t Pleaser Boulevard areas concerning the ch~ge In bus se~lce which was effective April 4~ ~d request- lng ~ investigation and report on ~e ~tter to ~e ~ard Greater Ro~oke Tr~sit C~y at lts~eting on April 19, 1976, was ~fore Co~cfl. (For full t~t, see c~fcatfon as f~le~ in ~e C~ty Clerk's Office.) ~. Garland moved ~at ~e c~fcatfon~ received and filed. The motion was se~nded by ~. Ta~ and ~ously adopted. T~U~R-C~ISSIONER OF ~E-~GIS~TION~ A c~lcatfon fr~Hr. J. H. Jonson, Treasurer~ in co~ection wl~ the abolition of the offices of the Co~ssfoner of ~e Rev~ue ~ ~e City Treas~er, strongly op~s~ng any further efforts of Co~cfl to reduce ~y duties and res~nsfbflfties of the City Treasurer, or attar to el~nate ~e office, ~til proper proof has be~ presented to s~st~tfate stat~ents which cont~ue to be ~de by s~e Co~ci~ ~at ~e office c~ be operated ~re efficiently and more econ~fcally ~der their control, was ~fore Co~cil. (For full t~t, see co~fcatfon as filed fn ~e City Clerk's Office.) ~. Hubard ~ved that ~e co~ication ~ recefvea an~ filed. The motion was seconded by ~. Trout ~d ~an~ously adopted. AUD~TS-T~U~Rt A co~fcatfon fromm. Charles K. Trible, Auditor of P~lfc Accosts, Co~onweal~ of Virginia, tr~s~tt~g a re~rt on an audit of the accosts and records of ~. J. H. Jo~son~ Treas~er, advising that ex~fnatfon disclosed ~at proper accosting had been ~de for all recorded receipts and the records had been prepared fn an ~cellent~ner, was before Co~c~l. (For full t~t, see c~fcatfon ~d audit as filed in ~e City Clerk's Office.) ~. H~ard moved that ~e co~ication filed. The ~tion was seconded by ~. Trout ~d ~ously adopted. ~. Lfsk stated ~at he would like for ~e record to clarify ~at h~ is of the opinion ~t ~e Offices of Treasurer ~d C~ssioner of Rev~ue bare done excellent jobs in ~e past. ~PORTS OF OFFICE~= CE~TIONS-ACTS OF AC~~= ~e City~ager s~tted a ~ftten report ~ CO~ection wf~ a bfc~te~fal ~ilt~de ~d presented to ~e city as a gift by ~e S~for Citizens of Horn~gside M~or and ~e Ogd~ Center of Ro~oke Cowry and e~ressfng appreciation to all ~ose who contributed to ~e ~fng, fr~ng and h~g~g of said ~ilt. (For full t~t, see report as filed in ~e City Clerk's Off~ce.) ~. Trout ~ved ~at ~e City Attorney be ~ns~ucted to prepare proof meas~e e~ress~g appreciation to ~e ~d~ Center, ~e Ho~fngsfde ~nor, Fr~e ~e Co~oratfon and P~ttsburgh Plate Glass for ~efr contributions. ~e ~tion was seconded bye. Ta~ ~d ~usly adopted. '.82 BUDGET-PARKS AND PLAYGROUNDSz The City Hanager submitted a written report rec~-~nding a transfer of funds In the total a~ount of $3,900.00 the Parks and Recreation Department budget, due to ~ncreases in costs of recreation supplies coupled with the actual impact of annexation and the large number of additional teams participating In parks a~d recreation programs. {For full text, see report as filed in the City Clerk's Office.) Mr. Trout moved that Council concur in the report and offered the following emergency Ordinance transferring $900.00 from Salaries and Wages, $1,000.00 from Extra Help, $2,000.00 from Play Leaders a~d appropriating $3,900.00 to Suppliea and~terials u~der Section ~475, 'Parks and Recreation,= of the 1975-76 (~22834) AN ORDINANCE to amend and reordain Section t47S, 'Parks ~d Recreation,' of the 1975-76 Appropriation Ordinance, and providkng for an emergency. (For full text of Ordinance, see Ordinance book No. Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Tau~n and adopted by the following Vote= AYES: Messrs. Garland, Hubard, Lisk, Tau~n, Th~s, Trout Mayor Taylor ...................................... ?. NAYS= None .............................. 0. SPECIAL PE~HITS-STREETS AND ~JJ=E¥S= The City~ager sub~l~tted a written report in connection with a request of Hr. A. G. Canipe, Manager, Roanoke Terminal, Overnite Transportation Company, for per~ssion to set the fences along their property line on Connecticut and Georgia Avenues back about three feet onto city right of way for a length of approx/~nately 50 feet, advising that the proper method by which the Georgia Avenue situation can be corrected is for Overnite Tra~sportatlon Company to construct a retaining wall On that side of the property and then construct a fence on top of the retai~ing wall, that with respect to the Co~u~ecticut Avenue side, there w~uld be no problem with their moving the fence back several feet onto city property for a length of approxlmately 50 feet if there is a clear understa~d//lg that this fence will be removed at no expense to the city at a later date should circumstances dictate its t~ing moved. (For full text, see report as filed in the City Clerkts Office.) ~. Trout~ved that Co~cil conceit in the report Of the City M~nager. The motion was ~e¢onded by Hr. Hubard a~d una~/mously Mr. Trout also moved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Hubard and ~nan~nously adopted. BUSE~: The City ~nager sut~tted aw ritten report reco-~ending authorization for the city to enter into a new agreement of lease with Greater Roanoke Transit Company for property now being utilized at 12th Street and Campbell Avenue, S. N., for a terror one year commencing March 23, 1976, and ending Hatch 22, 1977t at a rental rate of $36,000.00 annually, with all other terms of the existing lease agreement being incorporated in the new agreement. (For full text, see report as filed in the City Clerk's Office.) Hr. ~isk moved that Council concur In the request and that the follow- lng Ordinance be placed upon its first reading~ (t22815) AN ORDINANCE authorizing the City's lease of certain land and improvements thereon, to Greater Roanoke Transit Company, upon certain terms and conditions. (For full text of Ordi.nance, see Ordinance Book NO. The motion was seconded by Hr. Garland and adopted by the following vote: AYES{ Hessrs. Garland, llubard, Lisk, Tan, Thomas, Trout and Mayor ~aylor .................................. 7. NAYS: None .......................... O. Hr. Thc~uas questioned that inasmuch as Greater Roanoke Transit Company will be using the new Public Works service Center, what is the purpose of this lease for another year? The City Manager replied that it is not anticipated that Greater Roanoke Transit Company operations will be moved to the service center in the near future, that he advised the coancil when bids were opened On the service center that those bids did not include the addition which will have to be included when the buses are moved to the service center, that the service canter is not big enough to take care of the total city bus fleet, that at some later date the city will have to apply for an UMTA grant to build that facility at one-half city cost and one-half b~4TA cost, that as of yet this has not been done and there are no capital funds at this time to proceed with the addition. Hr. Thomas moved that the Chairman of the Transportatiou Study Committee be requested to call a meeting with the City Manager for the purpose of updating and reviewing the status of the Public Works Service Center and the matter of future servicing of Valley Metro buses and suhmlt a report to Council by its regular meeting on Monday, April 26, 1976, as to its findings in the matter. The motion was seconded by Hr. Lisk and unanimously adopted. The City Clerk was instructed to furnish the committee with copies of pertinent proceedings of Council relative to the above matter. AIRPORT-A~S OF ACKNO~E~LENT: The City Manager submitted a written report transmitting copy of an award for air safety presented by the Southeastern Airport Managers' Association to the city with Hr. R. C. Peele, Airport Manager, and his staf£ being specifically co~uended. (For full text, see report as filed in the City Clerk's Office.) -'83 84 P~r. Trout moved that the report be received and filed. The motion was seconded by Mr. Lick and onanimousl¥ adopted. POLICE DEPARTHENT-FIRE DEPARTNEH~S 'l~e City Nanager submitted a mitten report listing personnel changes in the Police Department and the Fire Department during the month of March, 1976, advising that there were no vacancies in the Fire Department and 17 vacanoies in the Police Department. (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 unanimously adopted. TAXES= The City Manager and the Director of Finance s,,~Mltted a joint report in connection with four recommendations on administrative changes that need to be made to generate additional revenue from better use of the city's idle fonds. (For full text, see report as filed ill the City Clerk's Office.) After a discussion of the reconm~ndations at which time certain members of Council raised qllestions relatiYe thereto, Hr. Hubard moved that item one which recon~aends that the city pay bills twice ~onthly except for items which have a critical time problem or involve discounts; item three which provides for one city bank account; and item four which would provide that the inveskmeat policy for idle city funds be such that any Certificate of Deposit of any financial institution in the State of Virginia covered by the State escrow law be perraitted and any Federal Government sectlrity of any Federal Governmental Agency security be a legal instrument for the investment of idle city funds, be referred to the City Attorney for preparation of the proper measure or measures which will provide for proper implementation of these three recommendations, said measure or measures to be presented to the Council at its regular meeting on Monday, April 26, 1976. The motion was seconded by Mr. Taubman and tmanimously adopted. Hr. Hubard further moved that with reference to item two, the City Manager and the Director of Finance he requested to submit further report to the Council concerning the use of lock box procedttres, said report to be stttmlitted to the Cotmcil by its regular meeting on Monday, May 10, 1976. The motion was seconded by Hr. Taubman and unanimously adopted. In this connection, a co~unication from Hr. J. H. Johnson, Treasurer, advleing that he is of the opinion that the McKinsey report grossly exaggerated the amount of increased inc0~e which could be earned from the investment and controlling of city funds such as they recommended; and a further communication ad- vising that the investment of city funds as reco~ended into one ~aster bank account to produce a small additional amotmt of revenue, would substantially reduce adequate money controls, such as reported to Council in his letter dated November 14, 1975, that the small daily account balances in the local banks will stimulate the local economy and partially compensate for the small interest difference, that s~ate law does not pe~.t County and City ~easurers to lnvest~ or place on de.sit, p~lic f~ds outside ~e S~e o[ V~r~nia, as It ~ould be ~ss~ble to r~u~re proper collateral for ~e protection of ~e ~xpayers~ ~ney and ~ls ~nd~cates that a one b~ deposit syst~, wl~ a one warr~t w~drawa~ syst~, c~tro~led by a c~uter~ could ca~e fur~er s~lar =oncerns. (For fu~ t~xt~ see coca,cations as filed ~n ~e C~ty Clerk's Office.) ~. ~s ~v~ ~at ~e c~lcations ~ referred to Co~c~l acting as a C~lttee of ~e ~ole for considerat~on ~ediately roll,lng ~e C~ty Co~c~l meeting on ~at data. The ~tion was seconded by ~. L~sk ~d ~imously adopted. E~CTIONS-~T~ON= The City Attorney s~itted a ~itte~ report a~vising that the c~ty has ~en advlsed that ~e Un,ted States Attorney Ganaral does not inter, se any objections to ~e ch~ge ~ ~e vot~g precinct bo~daries and polling placas provided for in Ordin~ce No. 22698. (For fu~l t~t, see report as filed ~n ~e city Clerk's Office.) ~. Th~s ~ved that ~e re~rt ~ received ~d filed. The motion was seceded by ~. Lisk and ~ously adopted. SCHWa= The Assist~t City Attorney s~tted a written report relative to a response to ~e March 8, 1976~ re,est from ~e Co~cll as to whe~er or not ~e adoption of ~e procedure for ap~in~ent of Sch~l ~ard m~rs, or t~stees, pro~sed by ~e ~ague of W~ Voters is ~ssible ~der State law and ~e City Charter ~d whe~er ~der State law sch~l boards in V~rg~nla ~y ~ elected by ~pular vote. (For full t~t, see report as filed ~n ~e City Clerk*s Office.) ~. Hu~rd moved ~at ~e report be received and filed. The ~tlon was seconded by ~. Th~s and ~ously adopted. In this connection, Co~ci~ H~rd presented a c~icatlon reco~ending approval of ~e reco=endat~on from ~e ~ague of Wom~ Voters ~at the city consider modifying ~e me~ of ap~o~t~g m~rs to Ro~oke City Sch~l Board, tr~tt~g suggested l~guage for appropriate ~ents to ~e C~ty Code as well as a s~le application fo~, and rec~end- ~ng that ~e City Atto~ey be directed to pregare ~e proper fo~l papers necessa~ for adoption ~ereof. {For full text, see co~ication as filed ~ ~e City Clerk*s Office.) ~. H~ard stated ~at his co=~ication was ~itten s~e ~ee weeks ago pend~g receipt of a legal opinion from ~e City Attorney, ~at he does not w~t ~yone to ~sconstrue h~s reco~endation as ~g a different inter- pretation fr~ ~at of ~e City Attorney, ~d he accepts City Atto~ey in ~at ~t ~s not appropriate for Co~cil to place of se~ce on a ~ard ~er which would l~t h~ to a total of n~e years Hr, Hubard then~oved that Council adopt the recc~mendation from the Leaque o£ Women Voters ~at applications be tiled by pe~aons inte~ested In se~q on ~e ~oke City Sch~l ~a=d on a lom~hlch ~111 be f~niahed by the City Clerk's O//ice ~d ~at ~e City C~e ~ ~ded aa he has suggested ~ ~ attac~nt to his letter which would iomlize ~e procedure, h~ever, deleting ~at ~rtion which provides ~at 'No t~stee shall serve ~re t~ee consecutive t~ee ~ear te~, wl~ ~y partial te~ served berg ~=luded Co~cil by its next r~ular ~eting on Honday~ April 19~ 1976. The motion was seceded by ~. Lisk and ~usly adopted. Th~ City Attorney stated that he does not ~i~ it is legally proper to provide ~t prior to ~g considered by Co~cll as ~ ap~lntee ~o the Soho1 ~ard a person must file application setting out ceftin info~tion as required by the Co~cll, ~at ~e only r~uired qualification by law ap~intee be a resident of ~e sch~l district, ~at Co~cil~y invite appli- cations and request ~at applicants state certain info~tion in which Co~cil might w~t to consider, but the Co.oil c~ot~e it ~dato~ ~at such application be filed ~fore a person is ~titled to be considered. SUBDIVISION ~GU~TIONS-SID~ CU~ ~ GU~R: The City Plying Co~ission s~tted a written re~rt in co~ection wi~ ~e request of ~. Wiili~ O. ~vln, Secreta~/Treasurer, Valley Home Builders, Incorpora- ted, for a waiver from ~e city s~ivision repletions per~in~g to curb gutter for ~ area ~o~ as Section No. 5 of S~it Hills~ located in ~e recently a~exed corridor area, reco~ding ~at ~e waiver request be approved. (For full t~t, see report as filed ~ ~e city Clerk*a office.) ~. ~vin appeared befor~ ~e b~y ~d urged ~at Co.oil conc~ the rec~endation of the City Pla~ing Co~sio~. The Assist~t City H~ager ~ressed co~cern relative to ~e rec~- m~datlon of ~e Pl~ing C~i6sion, advising ~at ~is s~ivi~ion was first approved ~ August 1973~ ~at it was ~en dropped ~d never went to record, ~at it was again approved in Hay 1975 ~d aga~ ~ever went to record~ ~at on bo~ those approvals ~e city approval was only for ~e layout of vision and ~e city had no~ing to say ~ut ~e roadway ~prov~nts, ~e property in ~e last two months ~d ha ~ught a ~act of l~d as opposed to ~ actual s~ivision, ~at his concern is addressed to how~y ~ere ~y be that have not be~ reviewed at ~is ~t ~ w~waivers ~ght ~ sought, t~t ~is s~ivlsion is ~like s~e ~at were ~der const~ction wi~ ~ps recorded in Ro~oke Co~ty ~d he is dlsagree~g wi~ ~e rec~dation of the City Plying Co~ssion ~d feels ~e city should view ~is as a new s~division and ~se rec~endations apply~g to new s~d[visions. }tr. Thomas moved that the matter be re~erred to the City Manager a~d the City Attorney with the request that they meet with ~tr. Lavin during the week and report their findings and recon~andations to Council at its next regular meeting on Monday, April 19. 1976. The motion was seconded by Mr, Ta~m~n and unanimously adopted. ~PORTS OF C(~IITTEES~ AUDITORIUM-COLISEUM: The Roanoke Civic Center and Stadium Advtsory Cc~ission submitted m~nutes of a meeting held on April 6, 1976. (For full text, sea m~nutes as filed in the City C[erk~s Office.} }ir. Taubman moved that the ~nutes b~ received and fiied. The motion was seconded by ~r. Hu~ard and unan~mousiy adopted. STADIUM= The Roanoke Civic Center and Stad[u~Advisory Commission submitted a written report recommending thatMr. James Wiley be gr=nted p~rmis- sion to provide and construct the slx-lane 440 yard all-wea~her officially sanctioned track facility detailed in his letter of April 1, 1976, that the city donate one-half the costs up to a max~mu~ of $2,500.00 in labor or ~aterials, or if this ~s not possible, then grant ~r. Wiley~s group permission to undertake all construction costs, and that Councii act on this request in ail possible haste. (For full text, see report as filed in the city Clerk's Off,ce.) In this connection, the City Manager submitted a written report recommending that Council authorize certain interested cit~zuns to proceed with constr~ction of the track facility hut it cannot be recc~m~ended that the city participate in the construction cost thereof, advising that the city can and will provide any and all engineering assistance necessary in establishing the align~e_nt and location of the track facility and can accomplish the painting of the lines thereon. (For full text, see report as filed in the City Clerk's Off,ce,) Approximately 25 persons appeared before Council in support of the request. Mr. W~ley appeared before Council a~d stated that funding arrangements would come through the Cosmopolitun Club of Roanoke; whereupon, the City ~anager advised that he had recelve~ nothing in writing to this effect. Mr. Edward ~. Nicholson, Pres£dent of the Cosmopolita~ Ciub of Roanoke, then appeared before Council and advised that he would ~orward a letter to the City Manager setting out the necessary details. Mr. Taubmanmoved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Garland and u~an~mously adopted. AUDITORIUM-COLISEUM: The Roanoke Civic Center and StadiomAdvisory Co~ission submitted e written report stating that the Commission reaffirms its previous recommendation that a parking fee ~e established at the Roanoke Civic Center for ~ublic events, and that the a~ount be in the rallge of 50 cents to one dollar~ the exact a~unt to be dete=mined after study by the City Manager in cooperation with the Civic Center ~anager. (For full text, see report as filed in the City Clerk's Office.) ¸87 Kr. Thomas moved that the ~tter be referred to 197~-77 budge~ The mo~on ~as 8oconded b~ ~. Ga~l~d. ~. Tarn offered a s~s~u~e ~on ~ ~ ~e~ ~ to ~e City ~ager for study, re~rt ~d recordation to Cocci1 as to a pro,er fee to ~ charge~. ~e motion was seconded by ~. H~ard ~d lost by the roll.lng vote~ AY~ Messrs. H~ard ~d Ta~ .............................. 2. NAYS: Hessrs. Garl~d, L~sk, Th~s~ ~out ~d ~ayor Taylor---5. The orig~al motion was ~en adopted by ~e foll~ng vote~ AYES: Hessrs. Garl~d, Lisk, Th~s~ Trout ~d Mayor Taylor---5. ~YS= Messrs. H~ard ~d T8-~n .............................. S~ ~D S~ D~INS= The Water Reso~ces C~ttee s~tted a written report requesting conc~rence ~n a reco~dat~on ~at Co. oil au~or~ze the C~ttee to continue negotiations wi~ Ro~oke Cowry ~d the P~l[c Se~ce Au~or~ty towar~ ~e acqu~s~t~o~ of Co~ty or Au~ority o~ed water ~d sewer lines ~n ~e City, ~d the Co~ty purchase of City o~e~ sewer l~es in Ro~oke Cowry, providing, h~ever, should such negotiations be ~resolved by July 1, 19~6, ~e C~ty w~l~ at that t~ consider l~gat~on ~n ~u ~Zter. (For full t~t, see report a~ filed in ~e City Clerk's Office.) Mr. Tho~2 ~ved ~at Co~c~l con=~ ~n ~e reco~datlon of ~e Co. tree. The motion was seconde~ by Mr. Ta~ ~d ~ous~y adopted. The D~rector of F~n~ce s~tted a ~itt~ re~ort advising ~at at ~e direct~on of ~e Water Resources C~ttee he met wi~ ~e account for ~e P~l~c Semite Au~ority of Ro~oke Cowry on April 8, 1976, to establish gro~d rules for valu~g ~e P~l[c s~ce Au~ority~s l~nes, ~ water and sewage, in ~e a~exed area, and ~e City's lines in ~e Co~ty~ ~at ~e of that discussion was to ~stabl[sh the values of ~e li~es at ~eir fair ~rket value wi~ an additional ~t which wou~d be ~at ~t which ~qual~d five years loss o[ revenue fr~ customers se~e~ by ~ese l[n~s ~d ~at ~e extent of their meeting ~d ~tters dlscus~ed doe~ not repres~t ~ offer ~de by ~e Au~or[ty. ~For full text, see r~por~ as f~le~ ~n ~e City Clerk's Office.) AUDIT C~I~: The Audit C~ttee s~tted ~nutes of its meeting held on ~rch 31, 1976. (For full text, see ~nutes as f[~e~ ~ ~ City C~erk~s Office.) ~. H~d moved ~at ~e ~nutes be receive~ and filed. The ~tion was ~econded by ~. Th~s and ~an~ously adopted. ~. H~ard th~n offered ~e following ~ergen~ Ord~ce ~d~g ~e C~ty C~e, prov~d~g for ~e approval, signing ~ co~terslgn~g of warrants dra~ by ~e Director o[ Finite on ~e city (f22836} AN ORDINAnCE amencU, ng and reorda~nhtg See. 3.1. Approval of Warrants, of Chapter 2. Accounts, Warrants and Interest, Title V. Flnance~ of The Code of the City of Roanoke, 1956~ as amended, providing for the approval, signing and countersigning of warrants drawn By the Director of Finance on the city treasury~ and providing for an emergency. (For full text of Ord~nence~ see Ordinance Book NO. Mr. Hu~ard~oved the adoption of the Ordinance. The motion was Seconded by ~r. Taub~an and adopted by the following vote~ AYES: Messrs. Garland, Hubard, Llsk, Ta~,t~n, Thomas, Trout and }~ayor Taylor ..................................... ?. NAYS: None ............................0. TAXES-LICENSES= The City Taxes Co~mn~ttee su~tted a written report making rec~ndations on the reevaluation of the five per cant adm/sslons tax, the early payment of automobile decals as a convenience to the public, and the general adm/nistration of the automobile decal ac~m/nistrative process, reco~mending that the five per cent ad~u~ssions tax he ¢ontinued~ that the Ordinance providing for pre-payment of automobile decals he adopted; and that the ~tter of general administratlon of the automobile decal process be taken under consideration with the understanding that the Council will receive a recom- mendation and any necessary Ordinances no later than September order that any changes may be made in a t~mely~er for ~lementation for the calendar year 1977. (For full text, see report as filed in the City Clerk's office.) Mr. Thomas offered the following emergency OrdJ-na/lce amending the City code relative to pre-payment in the issuance of license number plates~ tags or decals for each~tor vehicle, trailer Or sidecar: (~228~?} AN ORDINA/~CE a~ending a_nd reordaining Sec. Title XVIII, of The Code Of the City of ~oanoke, 1956, as a~ended, relating to the issuance of license n~g~ber plates, tags or decals for each motor vehicle, trailer or sldecar~ and providing for an emergency. (For full text Of Ordinance, see Ordinance ~ook NO. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded ~y Mr. Tau~n and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Tau/uman, Thc~as, Trout and Mryor Taylor ....................................... NAYS: None ................................ 0. With referenc~ to the five per cent a~ssions tax and the general adm/nlstration of the automobile decal process, Mr. Lisk moved that Council receive a~d file a~d concur in the recon=uendations of the comm/ttee. The motion was seconded by }tr. Nubard and tulan~ously adopted. UNFINISHED BUSINESS: NONE. CONSIDE~ATION OF CLAY2{~: NONE. ~NTRODUCTION AND CONSIDERATION OF ORDIHA~CES AND ]rESOLUTIONS: AIRPORTs Ordinance No. 22817 authorizing the city's conveyance of 9.6 acres of land at Roanoke Municipal Airport~ Woodrum ~leld~ to the United States Government, upon certain terms and provisionsw having previously been before Co~ulcil for its first reading, read and adopted on its first reading and laid over, was again before the body~ Hr. Thames offering the foliow/ng for its second reading and final adoption: (S22817) AN ORDINANCE authorizing the cltyes conveyance of 9.6 acres of land at Roanoke Municipal Airport, Woodrum Field, to the United States Government, upon certain terms and provisions. (For full text of Ordinance, see Ordinance ~ook Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Nubard, Lisk, Taubman, Thomas, Trout and Mayor Taylor ........................................ 7. NAYS: None ................................ 0. HOUSING-SLUM CLEARANCE= Ordinance NO. 22829 authorizing the City of Roanoke Redevelopment and Housing Authority~s temporary use of two lots on the south side of Salem Avenue, between 15th Street and 1$th Street, S. ~., for recreatlonal purposes in corulection with the Hurt Park Cor~h~ity Develop- ment Project, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Thomas offering the following for its second reading and final adoption: (%22829) AN ORDINANCE authorizing the City of Roanoke Redevelopment and Housing Authority~s temporary use of two lots on the south side Of Sale~ Avenue, between l$th Street and l$th Street, S. W., for recreational purposes in connection with the Hurt Park Com~ulity Development Project. (For full text Of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, L/sk~ Taub~/l, Tho~k~s, Trout and Mayor Taylor .................................... 7. NAYS: Hone ...........................0. ANNEXATION-STi~--TS A~D A/J~EYS: Ordinance No. 22830 a/~ending and re- ordaining Sec. 1, of Chapter 5, Title XVII, of The Code of the City of Roanoke, 1956, as a~nended, redefining the guadra~lts of the city and relating to the avenues, streets and boulevards therein, having previously been before Council for its first reading, read and adopted on its first reading end laid over, was again before the body, Mr. Lisk offering the followlng for its second reading and final adoption: ($22830) AN ORDINANCE amend:big and reordaining Sac. 1, of Chapter 5, Title XVII, o£ The Code of the City o£ Roanoke, 1956~ as amended, redefining the quadrants of the City and relating to the avenues, streets and boulevards there~n. (For full text of Ordinance, see Ordinance Book No. Hr. Lisk moved the adoption of the Ordinance. The motion was second- ed by Hr. Hubard and adopted by the following vote= AYES= Messrs. Garland~ Hubard, Lisk, Te-~-~n, Thomas, Trout and Mayor Taylor ...................................... NAYS: None .............................. 0. LEGISLATION-TRAFFIC: Council having directed the City Attorney to prepare the proper measure expressing the Council's intent to amend the city's traffic co~e to permit right turns on red to be effective January 1, 1977, he presented same; whereupon~ Hr. Trout offered the following Resolution: ($22838) A RESOLUTION expressing the Council's intent to amend the City's traffic code to permit right turns on red to be effective January 1977. (For full text of Resolution, see Resolution Book NO. itt. 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, Taubman, Thomas, Trout and Mayor Taylor ..................................... NAYS: None ............................. 0. COMPREHENSIVE EHPLOYP£ENTAND TRAINING ACT-I~EGISLATION~ Council having directed the City Attorney to prepare the proper measure requesting legislation authorizing a reduction in the Comprehensive E~ployment and Train- ing Act's criterion from 100,000 to 50,000, he presented same; whereupon, Hr. Taubman offered the following Resolution: ($22839) A ~ESOLUTION requesting legislation authorizing a reduction in the Comprehensive Employment and Training Act's criterion from 100,000 to 50,000. (For full text of Resolution, see Resolution Book No. Mr. Te-~a moved the adoption of the Resolution. The motion was seconded by Hr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taubman, Thomas, Trout and Hayor Taylor ......... = ............................. NAYS: None ............................... 0. CELEBRATIONS-LANDMAI%KS-WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure relating to the old Crystal Spring pumping Station and Snow steam pump located in it by accepting a certain proposal made to the Council by the Roanoke Valley Historical Society and the Roanoke Valley Bicentennial Commission, he presented same; whereupon, Hr. Trout offered the following ~mergency Ordinance: (422840) AN O~DINA~CS relating to the old C~ystal Spring P~ln Station and Sn~ ate~ p~p l~ated ~ ltl ad providing for an ~rg~. (For full text of Ordh~ce, se~ O~d~ce ~k No. ~. ~out ~ved the adoption of ~e Ordin~ce. The ~tion seconded by ~. Te-~n and adopted by ~ lolling vote~ AY~I Messrs. Garl~d, ~ard, Ltsk, Ta,~, Th~s, Trout ~d Mayor Taylor .............................. NAYS~ None ................................ 0. M~IONS ~ ~ISCE~E~S ~USI~SS~ CITIZENS~ T~K FOR~ FOR C~ P~ION ~ S~I~ D~P~T~ Co~cil at ~ts last regular meeting hav~ng deferred ~ctl~ on ~e to be ~de by Coachmen Lisk ~d Trout o~ two m~rs to a Steering Co. tree to ~ke certain rec~ndat~ons relating to ~e foot,on of a Citiz~s~ Task ~orce for Cr~e Prev~t~on ~d Social Develo~t~ ~e ~2ter was before the ~y. ~. Trout ~oved ~at action on ~e appo~n~ents ~ deferred ~t~l ~e n~t regular meeting of Cocci1 on ~onday, April 1~, 19~6. The ~t[on was seconded by ~. Th~s and ~ously O~ ~NGS OF C~NTS-C~SIVE ~Y~T ~D T~INING A~= ~, George E. Fra~lin, ~ecutive Director, Opport~ities Industrialization C~ter~ appeared before Co~cil in reference to certain discrep~cies in ~e ~p~er PI~, advising ~at the City of Ro~oke along wi~ o~er m~er gover~ents of the Fif~ Plying District had at its discretion s~e $1 ~lllon plus that it failed to place into ~e econ~y, ~at ~e fl~ of f~ds is slow and this is hav~g an effect on ~e population he deals wi~. ~. Fr~lin also advised ~at ~er~ is a probl~ ~ reference to ~e t~ely fl~ of stip~d che~s to trainees at OIC, ~at s~e checks hav~ ~en as much as six or seven weeks late in getting to ~e recipients, ~d when au~orized parties check into ~e situation ~ey are told ~ere has been a computer bre~d~. ~e Director of Fin~ce stated ~at he had no prior ~ledge of ~e situation and uheck2 are writt~ when ~e proper doc~ents are received in his office. The City H~aDer stated ~at ~e proper au~ority to address itself to ~e probl~ is the M~power Consorti~ ~ard and not city Cocci1. The Reverend ~roy C. Roberts appeared before Co.oil ~d ~at ~e Congress o[ ~e United States of ~erica gave gover~ntal bodies ~e right to question ~d look ~to ~e affairs of ~e Consorti~ Bo~d. ~e Director of Tec~iual ~d A~nls~atlve Pl~g advised the probl~ presently st~ aro~d ~e ~itude of approval required on each dot.ant. H~s. Francis Holt~ a student at OICw appea~ed before Council and stated that she is five weeks behind in receiving her stipend check. H~. Jmes Cunningham, Supervisor of Instruction at OICw appeared before Council and advised that it is upsetting to the students when they students c~ue to him, he looks into the matter and la told there has been a computer breakdown. After a discussion of the situation, Hr. Hubardmoved that the City Hanager be instructed to check into the matter immediately, resolve the Thomas and unanimously adopted. There being no further business, the Hayor declared the meeting adjourned. ATTEST: City Clerk APPROVED Hayor COUNCIL, REGULAR MEETING, Monday, April 19, 1976. The Council of the City of Roanoke met ~n regular meeting in the Council Chamber In the Municipal Building, City of Roanoke, on Monday, April 1976, at 2 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding. pRESENT: Councilmen Robert A. Garland (arrived late), William S. Nubard, David K. Ltsk, Nicholas F. TaU~man, Hampton W. Thomas, James O. Trout, and Mayor Noel C. Taylor ................................... ABSENT: None ...........................................0. OFFICERS PRESENT: Hr. Byron E. Haner, City Hanager; Hr. Sam H. McGhee, III, Assistant City Manager; Hr. James N. Klncanont City Attorney; Hr. Ja~es E. Huchholtz, Assistant City Attorney; Hr. A. N. Gibson, Director of Finance; and Hrs. Mary F. Parker, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Edgar G. Petty, Pastor, Oak Grove Chureh of the Brethren. MINUTES: Copy of the ~nutes of the regular meeting held on Monday, April 5,' 1976, having~ been furnished each me~ber of Council on motion of Mr. Trout, seconded by Hr. Lisk and adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MaTTERS: NONE. PETITIONS ~{D C~{UNICATIONS: ALCOHOL-TRAFFIC: A communication from Judge B. T. Fitzpatrick, Pro- ject Director, Virginia Alcohol Safety Action Planning Group, Fifth Planning District of Virginia, transmitting an abstract of a feasibility study and plan for an ASAP in the Fifth Planning District area, advising that to imple- ment an operational Alcohol Safety Action Program it is necessary for each ~nit of local government to adopt Resolutions of support and approval for the program, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Mr. Thomas moved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Taub~an and adopted. At this point, Hr. Garland entered the meeting. BUDGET-SCHOOLS: A co~unication fr~m Hr. W. Darnall Vinyard, Chair- ~an of the Board, and Dr. Harold H. Hopper, President, Virginia Western Community College, in coru~ection with funds included in their 1976-77 budget request for site development and architectural/engineering expenses incidental to construction of an Occupational-Technical Building, advising that for the present they do not have an immediate need for the $85,000.00 for site develop- ment of the building, that if Council wishes to defer that portion of their recent request, the city's fair share would be $21,396.00 and if Council desires tO appropriate ~he orig~al request of ~60,950.00, and thereb~ spread needed site funds over two years, the site development portion would be credited to the city's account, was before Council. (For full text, see communication as filed In the City Clerk's Office.) Mr. Taulm~nmove~ that the matter be referred to 1976-?? budget study. The motion was seconde~ by Mr. Llsk and unanimously adopted. ZOHING-ANNEXATION~ A co~unication from Mr. R. A. Roark ad¥1s~ng that he lives In a mobile ho~e In an area recently aunexed to the city and requesting that the city renew his perm/t for the mobile hc~e which is located on the road going to Rockydale Quarries, was before Council. (For full text, see eom~u~lcation as filed In the City Clerk's Office.) Mr. Trout moved that the co~unlcatton be referred to the City Manager for study, report and recommendation to Counc£1. The motion was seconded by Mr. Lisk a~d unanimously adopted. CF/qSU$: A co=~untcation from}tr. John A. Banks, Jr., Director, State Division of Legislative Services, requesting that a liaison be appointed to represent the city in working with the Division in connection with submis- sion of certain mapping plans to the United States Bureau of the Census for use in taking the 1980 census, was before Council. (For full text, see commu~ication as filed in the City Clerk's Office.) Mr. Trout moved that the cc~unlcation be referred to the City Manager for appointment of a representative from the City Plazul~ng Department. The motion was seconde~ by Mr. Garla_~d and una~nimously adopted. REPORTS OF OFFICERS: REGIONAL JAIL/COURTHOUSE: The City Manager submitted a written report advising that representatives of Hayes, Seay, ~attern & Hattern, Architects and Engineers, wi1! present schematlc drawings for the new jall and court facilit£es. At this point, Hr. OliYer Stein, Mr. John Markley, Mr. William Bowling and Mr. Hunter Bristow appeared before Council and presented the schematic drawings and a summary relatlve to what is included therein for the facility. (For full text, see scumnary as filed in the City CLerk's Offlce.] Mr. Thomas moved that the matter be referred to the Jail Study Committee Of the City of Roanoke for study, report a~d reco~endation to Co,nell at its regular meeting On Monday, May 3, 1976, and that during this period of time the cognn~ttee hold a meeting with representatives of Hayes, Seay, Hattern & Mattern, the Judges of the Courts of Record, the Clerk of the Circuit Court, the Sheriff and any other interested individuals for the purpose of reviewlng the schematic drawings. The motion was seconded by Mr. Lisk an~ unanimously adopted. Mr. Hubard, Chalr~all of the Jall Study Com~ittee, advised that the committee will meet on Friday~ April 23, 1976, at 2=30 p.m., in the Civll Defense Room. 96 RUDGE~-S3/IHi~NG POOLS-pLAI~INGz The City l~tnager submitted a ~ltten report tn co~ection w~ C~ity ~velo~nt Bl~k G~ adJus~ts ~1~ reiezace to cons~uction of ~e new a~g rec~ndlng ~at Co~cll, by ~solution reall~ate $174,000.00 f~ Renewal Interest Gr~t Accost No. 855 to Sw~ng P~l Facilities Grant ~co~t No. 815; ~t Co~cil adopt an appropriation ord~=e In ~ of $~1~,000.~0 for ~e pu~se of swiping ~1 construction as lnter~ financing In anticipation of lOO ~r cent revisit fr~ ~e 19~6-~ C~- m~lty Develo~ent Gr~t; and ~at f~ds in ~e ~t of $13~015.02 fr~ the Fallon Trust F~d be appropriated to ~e Swiping Pool Accost ~fler ~e C~ity ~velop~t Bl~k Gr~t by Ordinance. (For full text, see r~port as filed In ~e City Clerk's office.) ~. Ta~ ~ved ~at Cocci1 conc~ ~ ~e rec~e~dation of City M~ager an~ offered ~e foll~ing ~rg~cy Ordin~ce tr~sferring $174,000.00 fr~ Urb~ Renewal Interest ~der Section ~855~ ~Urb~ Renewal ~nterest~' to Sw~ng P~l Facilities ~der Section %815~ 'Sw~ng Pool Facilities,~ of th8 19~5-~6 Gr~t Progr~ Accost: ([22841) ~ O~IN~CE to ~end and reordain ~ city of Roanoke~s 19~5-76 Grant Progr~ Accost, and providing for an ~erg~cy. (For full t~t of Ordinate, see Ordinate ~ok ~. Ta~an moved the adoption of the Ordnance. Th8 motion was seconded by ~. Garlan~ ~d adopte~ by ~e roll.lng vot8: Mayor Taylor .................................. ~YS: None ..........................0. ~. Ta~ offered ~e roll.lng ~erg~ Ordin~ce appropriating $1~,000.00 to Sw~g P~I Facilities ~der Section ~815, 'Sw~g Pool Facilitles', of ~e 19~5-76 Grant Progr~ Accost: (%22842} ~ O~I~CE to ~d ~d reordain ~e City of Ro~oke~s 19~5-76 Gr~t Pr~r~ Accost, and providing for ~ ~ergency. (For full text of Ordin~ce, see Ordin~ce ~ok No. ~. Ta~ moved ~e afloption o~ ~ Ordin~ce. The motion was seconded by ~. Gari~d and adopted by ~ foll~ing vote: ~yor Taylor ................................... NAYS: None ........................... 0. ~. Ta~ offered ~e following ~erg~ Ord~ce tr~sferr~g $13,015.02 fr~ Fallon T~st F~ to Sw~ng Pool Facilities ~der Section %815, 'Sw~ng P~i Facilities,' of ~e 19~5-~6 Gr~t Progr~ Accost: (~22843) ~ O~I~CE to ~d ~d reorda~ Ealion Trust ~d ~e City of Ro~oke~s 1975-~6 Gr~t Progr~ Accost, ~d providing for (For full t~t of Ordinance, se~ Ordin~ce ~ok No. Hr. Taulmanlaoved the adoption of the Ordinance° The motion was seconded by Hr. Llsk and adopted by the following votes AYES: Hessrs. Garland, Hubard, Llsk, Ta~n, Thomas, Trout and Mayor Taylor ................................... ?. NAYS: None ........................... The City Attorney advised that Council should adopt a measure stating that the Frank B. Fallon Fund is berg used for the purposes for which it was donated to the city~ whereupon, Hr. Trout moved that the City Attorney be requested to prepare such a measure for the adoption By Council. The motion was seconded by Hr. Lisk and unanimously adopted. with reference to the contract for construction of the two municipal swimming pools, Hr. George E. Franklin, Executive Director, Opportu~ities Indus- trialization Center, appeared before Council and read a prepared statement advising that in reading OrdJ_nance No. 22832 awarding a contract for construction of the pools he f~nds no reference to conditions relative to ensuring that the contractor shall utilize certain heretofore overlooked s~bcontractors and identified labor forces, requesting that Coencil remove from its files his March 29 comm~tnication and give kinetic action to it, the intent of that communication being to create action on the part of Council which would have resulted in employment opportunities for minority subcontractors and employment of persons living in southeast and northwest, that acceptance of this concept s~mply requires the city adm~nistration to negotiate certain conditions to be included in the contract between the city and the swimming pools contractor, i.e.: '1. The prime contractor will utilize where feasible and in proportion to their availability and his work force minority subcontractors. 2. The prime contractor will ensure the employment of persons living in the neighborhoods - Southeast and Northwest, both by the prime and any and all subcontractors where such skills and/or labor does exist and interest is expressed. It also allows Council to provide further employment opportunities by approving the position that the pools will be operated and maintained by persone living within the prime area se~-ved by each pool to the extent such persons are available, interested and qualify.' Mr. Franklin urged that Council take the necessary action to cause this request to be implemented or rejected on a rationally sound good business basis. {For full text, see co=u~ication as filed in the City Clerk's Office.) After a discussion as to how the two conditions could be accomplished and how the Federal Government monitors hiring practices in Federal contracts, Huhard moved that Council state its intention that prime contractors who suc- cessfully hid on programs fended by Community Development Block Grants be encouraged to fulfill the two conditions outlined in the communication from }tr. Franklin under date of April 19, 1975, end that the~tter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Garland and unanimously adopted. '9¸8 COf4PLAI~-CO~I~I~EIi~$1~E F~I~LO~? ~ T~NIHG ACT: ~he Clt~ ~age~ s~tted a vFltten re~ In co~ection Fr~klin, ~ecutive Dlrecto=, ~t~ltles Industrialization Cen~er, relative to delays la pa~ts due to CETA clients~ advls~g ~at investigation ~dicates ~at s~e clients had not received ~etr initial all~ce paints wl~ the ~n~ five week pr~ess~g t~e perl~, ~at ~dlvldual cases are being roll.ed up ~ough ~e syst~ so ~at ~e radiate holdup ad pr~essing res~ed ~d ~at individual =es~nsible a9~ pr~ures are ~ing reviewed to elMnate ~ecessa~ stagnation t~e. (For full text, see re~rt as filed in ~e City Clerk's Office.) The Di=ector of TecMical ad A~ntstratlve Pla~in9 ~inted out that there exists a ~erg~cy f~d wherein reclptmts who are late receivin9 their checks are ~sidized after proper verification and Fraklin stated ~at OIC rode most of ~ose ~erg~cy lo~ pa~ent~ and was later re~ursed. ~. Fraklln fu~e~ s~ted ~at ~e probl~ have not r~sted wi~ the CETA a~nis~ratio~, that a new a~nistrator i~ no~ going to do ~y better ~less the Chaim of the policy ~ard does s=e~ing ~ituation, ~at to say ~e process requires five weeks is Msleadin9, that ~ere are seven steps ia ~e process which actually necessa~ and he will retch to Co~cil at its n~t regular meeting wi~ infomtion a~ to where ~e probl~ originated. After a discussion and clarification being foll~ed prior to ~e issuance of checks, ~. Trout moved ~at ~e report be received and filed. Th~ ~tion was seconded by ~. Li~k ad adopted. (~. H~ard was out of ~e Co~cil Char. SUBDIVISIONS-aTION: Co~cil hav~g referred to ~e City M~ager and ~e City Attorney for study, report ~d reco=andation a request of ~. Willie O. hvh, Secre~-Traasurer, Valley Hom~ Builders, Incorpora- ted, for a waiver from city ~ivision re~lations per~inln9 to c=b gutter for an area ~o~ as Section 5, S=t Hills, in ~e recently ~nexed corridor area, ~e city H~ager s~tted a while he is fully c~aizat of ~e differences in ~e ~n~= requir~ents for ~li~ ~prov~ents in the city's ~ivisions, divisions, he c~not rec~d waivin9 ~e required ~rov~ents in ~is ~- division or any o~er s~ivision, du~ to ~e higher long rem co~t of ~h- ten.ce and/or ~rovision of needed ~lic h~rov~n~ aa~ will b~ ass~ed by ~e city upon c=~letion of ~e develo~m~, ~at new s~eets cons~cted wi~ ~e city of Ro~oke ~at are les~ ~ 30 feet wide do not qualify for state m~ten~ce pa~en~ and ~erefore iff is desi~le to have all new ~treets cmstrvcted wi~ at least a 30 foot payment wid~ and tt c~ot be rec~ended ~at Co~cil w~ive ~e city's ~n~ requir~nts for ~lic ~prov~ts in s~ivisions developed wi~in ~e city of ~oke. (For full text, see re~rt as filed a ~e City Clerk's Office.) The City Attorney submitted a written report concerning the legal aspects of the request. (For full text, see re~ort as flied ~n the City Clerk's Office.} After a discussion of the req~est~ Mr. Ta-~n asked Mr. ~vln if he would provide for ~e 30 f~t wide roadway In order to qualify for s~te ten,ce paints and~. ~v~ answer~ In ~e affl~tive. ~. Ta~ ~en~ved ~at Cocci1 gr~t~. ~vin a waiver fr~ the city s~lv~sion regulations per~ining to curb ~d gutter and the [ns~llat[on of sto~drainago lines in accord~ce wl~ plans of the w[~ ~e ~derst~ding ~at a 30 f~t wide roadway will be provided by M=. ~vin ~n order for ~e city to qualify for state ~inten~ce pa~ents. The motion was seconaed by ~. Tho~s ~d adopted by ~e foll~ng vote= AYe= Messrs. Lisk~ T~n~ Th~s ~d~yor Taylor ........ 4. ~YS= Messrs. Garland, H~ard ~d Trout ..................... 3. Hr. Th~s ~ved that th~ ~tter ~ referred to ~e City Attorney for pregarat~on of the pro,er ~asure ~n accor~ce wi~ ~ above motion. The motion was seconded by ~. Ta~B~n and adopte~, ~essrs. Garl~d~ Hubard ~d Trou~ vo2~ng no. B~ET-S~ ~D S~ D~NS-CI~ HO~-~I~ HO~= ~e C~ty M~ager s~itted a written report r~uest~ng ~at $~,500.00 ~ tr~sferred from Supplies and ~ater~als ~der Section %539~ 'Nursing H~,' and $~,500.00 tr~sferred fr~ Supplies and ~ater~a[s ~der Section ~52~, Home,' to ~ainten~ce of Buildings ~ Property ~der Section ~539, 'Nursing H~e,' of ~e 1975-~6 budget, to provide f~ds for construction of ~tely ~0 feet of p~p~ for a new and separate d~scharge l~ne ~d replac~ent of an obsolete const~t feed chlor~ator wl~ a new vol~e~[c chlorinator, at the sewage trea~t pl~t se~ing the Juvenile Det~tion Home and Nursing Hom~ at Coyner Springs. (For full text, see report as filed ~n ~e city Clerk's Office.) ~. Th~as moved that Cocci1 conc~ in ~e re~rt and offered following ~erg~cy Ordin~ce= (%22844) ~ O~I~CE to ~d ~d reordain Section $527, 'Juvenile H~e,' ~d Section %S39, 'Nurs~g Home,' of ~e 19~5-76 Appropriation Ordinance, ~d providing for an ~rg~. (For full text of Ordin~ce, see Ord~n~ce Book No. ~. Th~s moved ~e adoption of ~e Ordin~ce. The~tion was AYe= Messrs. Garl~d, H~ard, Lisk, Ta~, Tho~s, Trout and Mayor Taylor .................................. NAYS: None ..........................0. ~DS ~ ~T~-A~RI~-COLIS~= The C~tyManager s~tted a~itt~ re~rt r~co~end[ng ~e retu~ to ~e Ro~ok~ Jaycees, [nco~orated, of the ~e~ded r~inder of ~eir deposit, ~n ~e ~t of $233.76, for rese~[ng ~e Civic Center Auditor~ for four ev~[ngs for ~e Roanoke P~l[c FO~, s~ce ~e entre progr~was c~celled. (For full text, see report as f~led in ~e City Clerk's Off~ce.} '99 lO0 Hr, Trout~oved that Council concu~ ~n the report, The motion was seconded by Hr. Lisk and unanf~ously adopted, BUDGEToCITY ENGINEERt The Clty H~nager sub. fred a ~ritten report reccmnendLug authorization to execute Change Order No, 2~ in an a~ount not to exceed $6,000o00, to the contract with vosbeck Vosbeck Kendrick Redinger for preparation of plans and certain professional services related to the design and construction of the public Works Service Center, which will raise the contract a~oent to $76,500.00, and that $$,000.00 be transferred for this purpose. (For full text, see report as filed fn the City Clerk's Office.) Hr. Trout~oved that Council concur in the report and offered the following e~ergency Ordinance tra~sferring $6,000.00 fro~ Hurt Park Houslng to public Works Service Facility ~nder Section t889, 'Transfers to Capital Improvements Fund,' of the 1975-76 budget: {122845) AN ORDINANCE to amend and reerdain Section t889, 'Trans- fers to capital l~provements Fund,' of the 1975-76 Appropriation ordinance, and providing for an emergenc~. (For full text of ordinance, see Ordinance Book No. H~. Trout moved the adoption of the ordinance. The ~otion was second- ed by Hr. Garland and adopted by the following vote= AYES: ~essrso Garland, Hubard, Lisk, Taubman, Trout and Mayor Taylor .................................. 6. NAYS= None ...................0. (~r. ThOmaS was out of the Councll Cha~ber. ) Mr. Garland offered the following emergency Ordinance authorizing the issuance of Change order No. 2 to the contract with Vosbeck Vosbeck Kendrick Redinger, Architects and E~gineers: (%22846} AN O~DINANCE authorizing the issuance of cha~ge Order No. 2 to the clty's contract with Vosbeck Vosbeck Kendrick Redinger, Architects and Engineers, authorized by ord£nance No. 20863, for providing for payment of increased costs for the pla_ns and professional services related to the design and construction of the Public Works Service Center~ upon certain terms and conditions~ and providlng for an emergency. (For full text of Ordinance, see Ordinance Book No. 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~ Ta-~n, Trout and Mayor Taylor ................................... 6. NAYS= None ..................... S. (Mr. Thomas was out of the council Chamber. } LIBRARIES: The City ~anager submitted a written report recommending authorization to execute Change Order No. 1 in the amount of $452.62 to the contract with Q. M. T~linson, Incorporated, for construction of the new Northwest Branch Library, in order to provide hardwood edge strips on cornice Or overhang fascias. (For full text, see report as filed in the City Clerk's Office.) Hr, Trout moved that Council concu~ Lu the rec~dation and oi£ered the following emergency Ordinance authorizing the issuance of change Order No. I to the contract withO. H. Tomlinsonw Incorporatod: (122847) AH ORDINANCE authorizing the issuance of Change Order No. 1 to the city's contract dated September 26w 1975~ with O. M. Tomlinson, Incorporated, for the construction o~ the new Northwest Branch Library~ by providing for certain changes in such work for an additional cost of $452.621 and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 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~ Llsk, Ta-hmanw Trout and Mayor Taylor ....................................... 6. NAYS= None ......................... 0. (Hr. Thoi~as was OUt of the Council chambe=.) SUBDIVISIONS-ANKEXATION= The City Hanager submitted a written report in connection with com~letion of physical improvements in Headowview Acres Subdivision, Sections 1, 2 and 3, in the newly annexed area, advising that the developer for this subdivision did not fulfill his obligations to Roanoke County tmder the Co~tnty Subdivision Ordinance and the County took the appropriate action and requested that the bonding company, Home Indemnity Company, have the required work performed, that pro,seals were received on the i~nprovemente with the lowest bid being from Adams Construction Company in the amothnt of $40,381.40, that prior to any further action being taken, annexation became effective and the subdivision became part of the City, that in order for the required physical improvements to be constructed and to allow the streets in this subdivision to be eligible for State maintenance funds, it is necessary that the City execute a release li_~iting the obligation of the bonding company to the sum of $40,381.40 except as noted in the release which the City has received from th~ bonding company, and recolm~ending that Councll authorize the execution of the release as presented by the Ho~e Indem/llty Company and that the City Hanager also be authorized to enter into a contract with Adams Construction Company in the amount of $40,381.40 upon receipt of said a~ount from HO~a Indemnity Company. (For full text, see report as filed in the City Clerk's Office.) Hr. Trout moved that Council concur in the recommendation and offered the following emergency Ordina/lce appropriating $40,381.40 to Headowview Acres subdivision Improvements under Section ~889, 'Transfers to Capital Improvements Fund,' of the 1975-76 budget: (~22848) Al/ ORDINANCE to a~end and reordaln Section ~889~ 'Transfers to Capital Improvements Fund,= of the 1975-76 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance ~ook No. /0/ Hr. Trout moved the adoption of the Ordinance. The mot:~on Was seconded by Hr. Ta-~-~ and adopted b~ ~e follo~g AY~ Hessrs. Garl~d, H~ard~ Llsk~ Ta,~ T~ou~ ~d ~yo~ Taylor ................................. 6. NAYS~ None ................... 0. (~. Th~s was out of ~e Char. ) ~. Trout ~ved ~at ~e C~ty Attorney ~ ~ns~ucted to pre,are the proper ~asure authorizing ~e C~ty H~ager to ~ter into a contract wl~ ~ Const~ct~on C~y in ~e ~t of $40,381.40. ~e ~t~on was seconded by ~. Ta~ ~d ~usly adopted. S~ ~D S~ D~NS= The City ~nager s~tted a written re~rt rec~ending au~orizat~on for ~e p~chase of an eas~nt fr~ V~rginia Brokerage Com~y located on ~roperty on ~e corner o~ 2nd Street, S. W., ~d Norfolk Argue, for ~e s~ of $700.00~ in co~ection wi~ construction of the Trout R~ S~ita~ Interceptor Sewer. (For full text, see report as filed ~n ~e City clerk's Office.) ~. Lisk ~ved that Co~cil conc~ in ~e rec~endation ~d off,red the fo~1ow~ng ~rg~cy Ordinance= (~22849} ~ O~X~NCE directing ~d providing for ~ acquisition of easy.ts in l~d needed by ~e city for ~e construct~o~ of the Trout R~ S~it~ Sewer Intercegtor Line~ u~n certain te~ ~d conditions~ ~d providing for an ~ergen~. {For full text of Ordin~ce, see Ordin~ce ~ok ~. Llsk moved the adoption of ~e Ord~ce. The ~t~on was seconded by ~. H~ard ~d adopted by ~e fo11~ing vote: AY~: Messrs. Garbed, H~ard, Li~k, Ta~, Trout ~d Hayor Taylor .................................. 6. NAYS: None .................... 0. (~. Th~s was out of the Co~c~l Cheer. } S~ ~D S~ D~NS: ~e C~ty ~ager s~tted a written re~rt on ~e s~tu~ of ~e H~ray R~ Interceptor Sewer, advising that ~e c~ty has received all the re.ired approvals necessa~ ~ order to award ~e con~act, ~at ~e con.act wi~ Aaron J. Co. er, ~ner~l Contractor, ~nco~orated, has been executed ~d actual construction w~11 begin Honday, Apr~l 19, 1976, and ~t ~s ~t~cipated ~at most of ~e work will have co~leted by Janua~ 1, 197~, ev~ ~ough ~e contract t~e for c~plet~on 365 days. (For fuI~ text~ see re~ort as fi~ed ~ ~e c~ty Cierk*s Office.) ~. Lisk moved ~at ~e report be received ~d filed. ~e motion was seconded by ~. Garl~d ~d ~ously adogted. S~ ~ S~ D~NS: The City H~ager s~tted a written ~n co~ectlon wi~ a request received from ~e design ~glneers for a 15,000 GPD ext~ded aeration sewage trea~ent plant for C~p Jaycee to dls~se of 2,000 to 3,000 gallons of sludge per year at ~e city's ~acility, recording that Council concur In the request provided that no offensive odors will result from this sludge and the city will charge $0.50 per lO0 gallons of sludge wlth a ~tnlmtuacharge of $5.00 per load so received. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland moved that Councll concur in the recommendation of the City Manager. The motlon was seconded by}ir. Ltska~d adopted. (Mr. Thomas was out Of the Council Chamber.) BUDGET-REVENUE SHARINGz The Director of Finance submitted a written report transmitting two Ordinances to properly reflect the first quarter- ly receipt of Federal Revenue Sharing. Mr. Taubman o~fered the following emergency Ordinance decreasing Salaries and Wages under Section {269, 'Refuse Collectionf# by $37,551.22{ decreasing Salaries and Wages under Section {$45, 'Pollce Department,' by $92,483.40; and decreasing Salaries and Wages under Section {347, 'Fire Department,' by $103,432.22: ({22850) AN ORDINANCE to amend end reordain certain section= of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved tee adoption of the Ordinance. Tee motion was seconded by Mr. Nubard and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taubman, Thomas, Trout and Mayor Taylor .................................... NAYS= None ............................ 0. Mr. Taubman offered the following emergency Ordinance appropriating $37,551.22 to Salaries and Wages under Section 1269, 'Refuse Collection,' appropriating $92,483.40 to Salaries and Wages rudder Section {345, 'Police Department,' appropriating $103,432.22 to Salaries and Wages under Section {347, afire Department,' end decreasing Revenue Sharing Trust Fund by $233,466.84: (~22851) AN ORDINANCE to amend end reordaln certain sections of the 197§-76 Appropriation Ordinance, a~d providing for an emergency. {For ful! text Of Ordinance, ~ee Ordinance Book No. PLr. Ta,~man moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: ~essrs. Garland, Nubard, Lisk, Taubman, Tho~as, Trout and Mayor Taylor ................................. NAYS: None ......................... 0. ~LEPORTS OF CITY F/~PLOYBES-PE~SONN~L DEPARTFLENT: The Personnel Board submitted a written report advising that on Thursday, April 15, 1976, a public hearing was held by the Board which provided an Opportunity for the presentation of a proposed grievance procedure, that the ~tatements presented to the Board and the questions raised indicate that more t~me should be taken in the review of the proposed procedure and requesting an additional period of t~me for a re~ort to Council on this matter ~n order to obtain response from city employees. 103 I04 (For full text, see report as f~.led ~ the City Clerk's Office.) Itt. Llsk e~pressed concern over ~e n~r o~ t~s ~e Perso~el Board has ~uested a c~t~nuat~on, advising ~t ~e ~tter ha~ ~ going back and for~ be~en Co~cll and ~e Perso~e~ ~ard s~ce Feb~a~, w~ refer~ce to ~e p~l~c hearing held by ~e Perso~el ~ard on April 15, 19~6, CO~c~I should have been advised of ~e hearing as a ~tter of courtesy, ~d he ho~es the proced~e w~11 have clarlf~cat~ ~d ~e ~ard w~11 ~e rec~endat~s to Co~c~l ~[ore ~e ~y elect~ ~ order for all m~rs of Co~cl[ ~d c~t~zens to have ~ ~erst~ln~ of what ~s being ~. Trout stated that ~st o~ ~e city ~loye~s he has talked se~ to be satisfied with ~e original gr~ev~ce pr~edure. After a d~scuss~on relative to the proced~e which was previously being followed and possible differences ~tween It and ~e pro~sed new procedure, ~. Thomas moved ~at ~e Perso~el ~ard ~ requested to a~v~se ~e at its next regular meeting on ~onday, A~r~l 26, 19~6~ as to what ~s contained in ~e proposed new gr~ev~ce pr~edure and ~e reco~dations of the Board relative ~ereto~ and ~at Ordinance No. 21581 adopted by ~e Cocci1 on 10~ 19~4, be r~ferred to ~e City ~ager ~d the City Attorney wi~ ~e request ~at ~ey re~ort back to Cocci1 at its n~t regular meeting as to ~e reasons ~s Ordin~ce was put into effect. The ~tion was seconded By ~. Trout ~d ~i~usly The City ~ager stated ~at h~s re~ort to co~c~l on J~e ~0, set out ~e reasons for ~e adoption of Ordinance No. 21581. ~. H~ard pointed out that ~e city M~ager has s~ted that th~ Perso~el ~ard is not ~n a posit[o~ to ~e a f~nal recordation to Co~cll ~d any re~rt ~itted to ~e Cocci1 n~t week will have to be an inter~ regort. PUBLIC ~= The Reverend J~es A. A11~son, ~r., Chai~ of the Adviso~ Board of p~l~c Welfare, appeared before Co~ci~ and reco~end- e~ that offers of seduces to ~ c~ty ~der T~tle ~ ~de directly to Co~c[1 be referred to the Board for study, evaluation and reco~dation before Co~c~l action ~s tak~; ~d r~uested ~at necessary action be t~en to ~e City Code to put into effect proposed ch~ges regarding ~e Board a~ to Co~c~l on May 19, 1975. {For ful~ text, see report as filed ~ ~e C~ty Clerk's Office.} Wi~ reference to ~at ~ortion of ~e report deal~g w[~ Titl~ re~ests, ~. L~sk moved ~at Cocci1 co~c~ in r~co~endation of ~e Adviso~ ~ard of P~l~c Welfare. The motion was seconded by ~. H~ar~ and ~ously adopted. Wi~ reference to ~at port~on of ~e report requesting a revision of ~e City Code to put ~to effect proposed ch~ges in said C~e ~e Adviso~ Board as s~itted to Cocci1 on ~y 19, 19~, ~. H~ard that ~e C~ty Atto~ey ~ [nst~cted to ~re~are ~e ~ro~er measure by ~e re~lar meet~g of Co~c~l on Monday, April 26, 19~6. The ~tion was seconded by ~. Ta~ and ~ously adopted. UNFINISHED BUSINES$= NONE. CONSIDERATION OF CLA/HS= NONE. INTRODUCTION AND CONSZDERATZON OF O~DZ~ANCES AND BUSES-CITY PROPERTY= Ordinance No. 22835 authorizing the city's lease of certain land and ~mprovements thereon, to Greater Roanoke Transit Company, upon certain terms and conditions, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Garland offering the following for its second reading and final adoption= (%22835) AN ORDINANCE authorizing the Cityls lease of certain land and ~mprovements thereon, to Greater Roanoke Transit Company, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Hr. Garland moved the adoption of ths Ordinance. Tho motion was seconded by Hr. Hubard ~nd adopted by the following vote= AYES= Hessrs. Garland, Hubard, L£sk, Trout and Hayor Taylor---5. NAYS= Hr. Thomas .............................................. (Hr. T~,~m~n was OUt of the Council Chamber) AUDITORIUH-COLISEUH: AS a result of certain reco~mendatlons of the Audit Co. tree, the City Attorney s~hmitted an Ordinance a~ending and reordain- lng The Code of the City of Roanoke, 1956, as ~nended, so as to recognize and make exception in said section for a special revolving fund bank checking account into and from which certain receipts and disbursements arising from operation of the Roanoke civic Center may be deposited and withdraw~; and also pursuant to instructions of the Audit Co~/ttee, the City Attorney SUh~Litted a further Ordinance a~anding the City Code, relating to the Roanoke Civic Center, the organization and procedures Of that department and the duties and responsibilities of certain of its management persormel so, by such amendments, to recognize the position of manager as the head of said department; adding to said chapter and tltle a new section, to be nu=b~red section 4.1, providing for the estab- lishment of a revolving fund a~d a separate bar~ checking account into and from which certain receipts and disbursements connected with activities, entertain- ment shows and special events at said civic canter may be deposited and disbur- sed; authorizing certain personnel to sign and countersign checks drawn on said special account; and providing for fidelity bonds to be required of such personnel. (For full text, see Ordinances as filed in the city Clerk's Office.) In this connection, a con~unication from the Treasurer requesting that action on these two Ordinances be postponed for a period of two weeks in order that he might have t~me to study and receive advice relating to what effect said changes ~ay have upon his duties and responsibilitles as City Treasurer, was before (For full text, see co~u~icatlon as filed in the City Clerk's Office.) 105. 106 Mr. Thomas moved that council concur Lu the request of the Treasurer and that action on the two Ordinances be deferred until the regular meeting of Council on Monday, May 3, 1975. The motion was seconded By Mr. Trout and adopted by the following vote~ AYES~ t{essrs. Garland, Nubard~ Llsk, Tau~, Thomast Trout and ~ayor Taylor ..................................... ?- NAYS~ None ............................. 0. SPECIAL pERMITS-STREETS A~D ALLEYSz Council having directed the City Attorney to prepare the proper measure perm/tting an encroachment Of not more than three feet of a chain link fence over and into the south right of way on Connecticut Avenue~ N. E., for a distance of approximately 50 feet~ said fence to be erected on the north side of property bearing Official No. 3041101, upon certain teL-ms and conditions, he presented same; whereupon~ Mr. Lisk moved that the following Ordinance be placed upon its first readlng~ (122852) AN ORDINANCE perm~ttlng an encroachment of not more than three (3) feet of a chain l~nk fence over and into the south right of way on Connecticut Avenue, N. E., for a distance of approximately 50 feet~ said fence to be erected on the north side of property bearing Official No. 3041101, upon certain term~ and conditions. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Taub~a~ and adopted by the following vote ~ AYES: Messrs. Garland, Hubard~ r.isk~ Ta~,B~ Thomas~ Trout a~d Mayor Taylor ................................... 7. NAYS= None ........................... 0. SCHOOLS: Council having directed the City Attorney to prepare the proper measure amending the City code to provide procedures which may be employed by the City Council in said Council's appointment of school trustees, he presented same; whereupon, Mr. Hubard offered the following e-v/erge~cy Ordinance: (122853} AN ORDINANCE a~ending Chapter 1, Title VII of The Code of the City of Roanoke, 1956, as amended, by the addition to said chapter of a new section, to be numbered section 3.1, provid~ng procedures which may be employed by the City Council in said Council's appointment Of school trustees~ and providing for an emergency. (For full text of Ordinance, see ordinance Book NO. Mr. Bubard moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk~ Ta-~, Thomas, Trout and Mayor Taylor ................................... 7. NAYS: None ..........................0. W£~h referenco to the current vacanc~ on the Roanoke City School Board, and also the t~.~ee ter~s on said ~ch ~llL ~re on ~e 30, 19~6~ ~. H~ard~ved ~at Co~cil invite applicatl~s by qualified persons fo= those ~sltions which applications ~y ~ acc~led by petitions signed by pers~s sup~rting such applic~ts. The ~tion was seconded by ~. Ta~ and ~usly adopted. ~GE ~OV~-S~ OF PROP~I Co~cll having directed City Atto~ey to prepare ~e proper ~asure au~orizing ~d providing for the donation and convey~ce by ~e C~ty of ~ok~ to ~e Un~t~d States of~rlca of 16.59 acres of l~a In Roanoke Co~ty~ Virginia, to ~ used for pur~ses the Blue ~dge Parkway; au~orizing execution o~'a deed of co~vey~ce o~ said 1~ provided th~ Co~ty of Ro~oke and the ~ of Vlnton indicate wlllin~ess to participate in all~ating ~tweun the City of Ro~oke, ~e Co~ty of ~oke and ~e To~ of Vlnton ~e value of said l~dl ~d regaling Ordin~ce No. 22718, adopte~ on Februa~ 3~ 1976, providing for ~e city's sale and convey~ce to ~e United States of ~erica of said 16.59 acre tract of he pres~ted s~e; whereu~n, ~. Trout moved ~at ~ following Ordinance be placed upon its first rea~ing; ([22854) ~ O~I~CE aut~rizing ~d proYiding for ~e donation ~d convey~ce by the City of Roanoke to the United States of ~erica of 16.59 acres of l~d in Roanok~ Cowry, Virginia, to ~ used for pu~oses of the Blue Ridge Par~ay; authorizing ~ecution of a deed of convey~ce of said l~d pro- vided the Co~ty of Ro~oke ~fl ~e To~ of Vinton indicate willingness to participate in all~ating between the City of Ro~oke, the Co~ty of Roanoke and ~e T~ of Vinton the value of said l~d; ~d repealing Ordin~ce No. 22718, adopted Februa~ 3, 1976, provid~g for ~e clty~s sale ~ conveyance to the United States of ~rlca of said ~6.59 acre tract o~ (For full text of Or,in,ce, see Ordinance Book No. The motion was seconded by ~. Lisk an~ adopted by ~e following Ma~or Taylor ................................ NAYS: None--h ..................... 0. ACTS OF AC~O~-CE~TIONS= Cocci1 having directed the City Attorney to pre,are ~e pro, em measure rec~nlzing wi~ appreciation a Bic~te~ial gift to ~e City of Ro~oke by ~e Senior Citizens of Horn~gside ~or, in ~e city, and of ~e Ogd~ C~ter of Ro~oke Co~ty~ and reco~nizlng certain o~er organizations ~d persons assisting ~ properly displaying ~e gift, he pres~ted s~e; whereupon, ~. Lisk offere~ ~e followin9 Resolution: (~22855) A ~SOLUTION recognizing wi~ appreciation a gift to ~e City of Roanoke by ~ Senior Citizens of ~orningside~nor, in the city, ~ of the ~den Center of Roanoke Co~ty, an~ recogniz~g certain o~er organizations and persons assisting in properly display~g ~e gift. 107 108 {For full text of Resolution, see Resolution Book No. ~ro Lisk moved the adoption of the Resolution. The motion was seconded by H~. Hubard and adopted by the following vote: AYES: Hessrso Garland, Hubard, ~.sk, Tauhmml, ~o~as, TrOU2 and Hayor Taylor .................................... NAYS: None ............................ 0o Hr. Llsk suggested that the ad~inistration consider displaying a copy of tho Resolution beside the gift. SE~ERS AND STOP~ DPAINS= Council havln9 directed the City Attorney to prepare the proper ~easure amending the City Code to provide for rehnbursement of sewer line construction costs and establishing new permlt fees for sewer connections, he presented sa~ei whereu~ont H~. Tho~as~oved that the tng Ordinance be placed upon its first reading: (~22856) AN ORDINANCE amanding and reorda[ning Sec. 12. Extension of public sewer lines within City, of Chapter 7, of Title XVII. of The Code of the City of Roanoke, 1956, as amended, providing ~or reimbursement of sewer line construction costs~ and Sec. 2, Amendments, of Chapter 4.1, Title of said Code, establishing new permit fees for sewer connections~ aud providing for an effective date Of this Ordinance. {For full text Of Ordinance, see Ordinancs Book No. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Ta~hm~-n, Thomas, Trout and Mayor Taylor .................................... 7. NAYS= None ............................ 0. MOT~ONS AND MISCELLANEOUS BUSINESS: CO~H~TTEES: Hr. Rubard pres~ted a co~u~icatlon transmitting a biographical information sheet to be used by all persons proposed for appoint- ment by Council to various authorities, boards~ com~sslons and committees, and recommending that the City Clerk be directed to use all reasonable efforts to obtain such information on such proposed future appointees. (For full text, see communication as filed in the City Clerk's Office.) Hr. Hubard ~oved that the City Clerk b~ directed to use all reasonable efforts to obtain such information on proposed future appointe~s for the assistance of Council in making appointments. The motion was seconded by Mr. Lisk and ~nanlmously adopted. TAXES: Hr. Iz~sk advised that Co~ncil met as a Co, tree of the Whole on Monday, April 12, 1976, relative to a report prepared for the City of Roanoke by McKinsey a~d Co~pany, Incorporated, e-~t~tled 'Balancing Roanoko~s Revenues and Expenditures', and took certain informal action relative thereto, ~n~, in order to have that action recorded in the offlcial records of Council, Mr. Lisk ~oved that the public hearing, which was previously scheduled for Monday, April 26, 1976, at 7:30 p.m., be rescheduled to Monday, Hay 17, 1976, at 7=00 p.m., in order to receive citizen input on said report~ and that the Mr. Llskmoved that the City Attorney be lnstucted to prepare the proper measure appointing viewers to view the street in question and sub- mit a reec~mendation to Co~Acll. The motion was seconded by~r. TanbmaA and unanimously adopted. BUDGET-SCHOOLS= A e~unication from the Roanoke City School Board requesting that $80,?18.00 be transferred from Title I, Winter Program, to Title I, S~m~er Program, of the 1975-76 budget, was before Council. (For full text, see cc~munication as £11ed in the City ClerkJs Office.) Mr. hlsk moved that Council concur in the request and offered the following emergency Ordinance transferring $80,718.00 from Title I, Winter Program under Section %61000, 'Schools - Title I, Winter Program,' to Title I, Summer program under Section %15000, 'Schools - Title I, Summer Program,m Of the 1975-76 budget= (%22950) AN ORDINANCE to amend end reordain Section %61000, 'Schools - Title I, Winter Program,' end Section %15000, 'Schools - Title I, S-~er PrOgram~' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by }ir. Garland and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Tauhman, Thomas, Trout and Mayor Taylor .................................... ?. NAYS= None ...........................0. At an infor~11 meeting on Friday, May 28, 1976, the following motions were tentatively adopted by Council: that the school budget be reduced by $980,000.00 or the exact amount of the incentive pay increases that all city employees and teachers pay plans be frozen with the concurrence of the School Board that all city employees and school teachers, with the concurrence of the School Board, be granted an across- the-board two and one-half per cent pay increase not to exceed $1 milllcn The Mayor advised that after the meeting on May 28th, he contacted the Chair- man of the Roanoke City School Board and requested hl/~ to deterncine the s~llest possible amotlnt of money that would be needed to enable the city to give classified employees as well as teachers and other members of the school a~minlstration a 2.5 per cent pay increase, that he was led to belieYe the $500,000 which was tentatively allocated to the School Board for raises would not cover the classified person~el and some additional funds would be needed. The Mayor then presented a communication from Dr. Butler advising that the amount of money needed to give School Boar~ classified e~ployees a 2.5 per cent increase would be $100,00Q.00, and requested that Council consider the need for additional funds in an affirmative manner. 00 City Taxes Committee and ~he C£ty H~nager be requested to reco~nend adjusted procedures to Council for stricter enforcement o[ personal pro~t~ t~ assess- ~nts ~d moto~ vehicle decal pa~en~s. The ~tion ~as seconded bye. H~ard and ~ousl~ adopted. CE~B~YIONS-~y ~C~ ~* ~Sk offer~ ~e foll~h~ Resolution e~ressing ~e Co~cll'a sup~rt for the Blcente~lal ~y Scouts of ~erlca sh~ tO be held by ~e tlue Ridge Mo~taln Co.oil No. 599~ Blcente~ial ~y ~couts o~erica ~ho~ to ~ held by ~. ~isk moved ~ adoption oi ~e Resolution. ~he ~tlon vas ~yor ~ayloz ..................................... ~YS: None ............................. 0. based upon action previously take~ by Co~cil relative to ~ proposed new grievance procedure for city ~ployees, Mr. Lisk requested pe~ission to withdraw the it~. Mr. Trout moved ~at Co~cil conc~ in ~e request of ~. Lisk. The motion was seconded by ~. H~ard and ~usly adopted. Co~cil hav~g previously au~orized ~e appotn~t of a Steering Co~ittee to ~ke certain rec~endations relating to ~e fo~tion of a citiz~s' Task Force for Cr~e Prevention and Social Develo~ent, each m~er of Cocci1 to appoint one m~r to ~e co~ittee, ~. Trout ap~inted~. Harold E. Hoover. ~. Lisk re~ested that action on his appoin~t to ~e c~ittee be deferred ~til ~e next regular meet~g of Co. oil on Monday, April 26, 1976. CO~I~EES: The ~yor called to ~e attention of Cocci1 ~at ~ere are certain vacancies on ~e Housing ~d Hygiene ~ard, Fair ~plo~ent Practices Co--tree, Perso~el Board, Adviso~ ~ard of P~llc Welfare, Citlzans' Adviso~ C~ttee, Co~ity Relations Co. tree, Ro~ok~ City Sch~l Board; ~d also ~e e~iration of ceftin te~ of office on ~e Citizens' ~viso~Co~ittee ~d the You~ Co~ssion; whereu~n, ~. Trout moved ~at action on the vac~cies and e~irations be deferred ~til ~e regular meeting of Co.cji on Monday, May 3, 1976. ~e ~on was seconded bye. Lisk and ~usly adopted. BUI~INGS: The City Clerk re.fred ~at ~. J. M. Yeatts has qualified as a m~er of ~e ~ard of Adjus~ents and Appeals, Building C~e, for a te~ of five years ending Septet 30, 198~. 109' 110 ~r. Trout moved that the report be received ~nd flied. The motion was seconded by Mr. Taub~a~ and onanimously adopted. CO~tlTTEES-CITIZENSe ADVISORY CO~IMITTEE-INTEGRATION-SEGREGATIONs Mr. Ltsk raised the question as to whether Or not there is any reason to retain both the Citizens~ Advisory com~tttea and the Com~unity Relations Committeel whereupon, the City K~nager advised that he would like to check into the matter and advise the Council at a later date. OTHER HEARINGS OF CITIZENS= BUSES= The City Attorney sul~mltted a written report advising that on the agenda of the Board Heating of Greater Roanoke Transit Company follOwing the City Council meeting is an item with reference to termination of GRTC service outside the corporate limits of the city and advising the Board of a hearing set on the matter in Richmond, Virginia, on April 26, 1976, that inasmuch as Council, representing the public interests of the city, is a local governing body concerned with the termination of such service, it Is important that the Cou/lcil indicate by Resolution to be presented at the April 26th ~eting in Richmond the City of Roanokees official position with respect to the matter and that an appropriate Resolution has been prepared for adoption by Counuil. (For full text, see report as filed in the city Clerk's Office.} Mr. Taubauan moved that Council concur tn the report of the city Attorney and offered the following Resolution: (122858) A RESOLUTION stating the position of the Councll Of the city of Roanoke with reference to termination of certain transit service provided by Greater Roanoke Transit Company outside the corporate limits of the City of Roanoke. (For full text of Resolution, see Resolution Book No. Mr. Tauhman moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garla/ld, H~bard, Lisk, Ta~b~an, Trout and Mayor Taylor .................................. 6. NAYS: None .................... 0. (Mr. Thomas was out of the Council Chamber. } FIP~ DEPARTMeNt-WATER DEPARTMENT: The City Ma/lager advised that because Of hazardous conditions in respect to fires he has closed a portion of the Carvlns Cove Recreational area. CITY EIiPLOYEES~pERSONNEL-INTEGRATION-BEGI~EGATION: Reverelxd Leroy C. Roberts appeared before Council with reference to the proposed new grievance procedure for city employees which is being studied by the Personnel Board and the Affirmative Action Program which is being studied by the Co~anlty Relations Committee and requested that Council instruct the Chairman of the Personnel Board to meet with the Chairman of the Cozlmunity Relations Committee in order for them to confer on the two documents prior to making any formal tacoma_halations since both documents are interrelated. ~tro Lisk stated that ccs~n~ttees appointed by the Council have the authority to confer' with each other on matters of mukual concern and interest and therefore no action on the part of Councl! is necessa~. SCIENCE HUSEUHz H~o L£sk b~ought to the attention of Council a communication from Dr. Thomas Ho l~akauer, Acting Director, The Science Museum Association of the Roanoke Valley, advising that the Association Is extremely embarrassed about the premature publication of a story on the Scie-~ce Muse~ AssociationsI utilization of Tinker Schocl that appeared in the April 17 issue of The World News, that the Interview was made in anticipation of City Councllls favorable action on the reco~endation of the Real Estate Co~mfttee, but publication was to be delayed until Council had acted, that in some ur~known manner the story was unearthed and published early~ expressing regret that this OCCUrred and it Is hoped that the strong support the Association has received from the City of Roanoke has ~ot been jeopardized. (For full text, see communication as filed in the City Clerk's Office.} ~tr. Lisk stated that the matter of disposition Of the Ti~ker School has bee~ considered by the Real Estate Cor~lttee, a~d a reccum~endation will come to City Councll at its next regular meeting on ~{onday, A~ril 26~ 1976. Mr. Hubard moved that the co=unication be received and filed. The motion was seconded by Mr. Garland and unanf~ously adopted. There being no further business, the Mayor declared the meeting adjourned. ATTEST: city Clerk APPROVED ~ayor 112 COUN¢IL~ ~GUIJ~ HEL~ING, Honday~ AprJ. 1 26~ 1976. The Council of the City of Roanoke met In regular ~eeting ~n the Council Chamber in the ~unicipal Building, C~ty o£ Roanoke, on Honday, April 26, 1976, at 7~30 p.m., wi~ ~yor N~I C. Taylor presiding. (arrived late)~ David K. ~sk~ N~cholas F. Ta~ H~ton W. Th~s~ J~es O. Trout and ~yor Noel C. Taylor ............................... ~S~T= None ...................................... 0. I~TION: The meeting was opened wl~ a prayer by ~e Revered Robert H. H~er, Pastor~ Gr~din Co~t Baptist ~ch. MI~T~ Copy o~ the ~nutes of ~e regular meeting held on Honday, Apri~ 12, 19~6~ ~ th~ ru~lar meeting held on Honday, April 19, 1976, having bee~ fu~shed each m~r of Co~c~l, on motion of ~. Trout~ seconded by ~. Ta~ an~ adopt~ the rea~ing ~ereof was disp~se~ wi~ ~d ~e ~nutes H~ING OF CIT~Z~S UPON PUBLIC ZONING= Co~cil having set a p~lic hearing for 7~30 p.m., Monday, April 26, l~Tu, on ~e r~uest of ~, Pau~ Flegas that pro~rty located at ~e corner of Haw~orna Street ~ W~lli~on Roa~, N. W., descried as ~ts 1 an~ 2, Block 9, A~rl~e Court, Offic~a~ Tax Nos. 2~90401 ~ 2~90402~ be rezone~ fr~ C-~, Off~ce and Inst~tutlonal D~s~ct, an~ ~-3, S~ngle-F~ly Dis~ct, to C-2, Genera~ C~ercia~ Dis~ct~ ~e ~tter was before ~e b~y. ~n th~s co~ect~on, the City Plying C~ss~on s~tted a wr~tt~ re~rt rec~ng ~at ~e request be (For full text, see report as file~ In ~e city clerk's Office.) ~. ~r~ N. L~cht~ste~n, Attorney, ap~eare~ before Cocci1 in support of the request of h~s Cli~t. No one app~aring ~n opposition to ~e request, ~. Tho~s ~ved that ~e fo~ow~ng Ordln~ce be placed upon its first reading= (t22859) ~ O~I~CE to ~nd T~tle ~, Chapter 4.1~ Section 2, of The Code of ~e City of Ro~oke, ~956, as ~ded, ~d Sheet No. 219, Sectiona~ 1966 Zone ~p, City of Roanoke, ~n relation to Zon~g. (For full text of Ordin~ce, see Ord~c~ ~ok No. The motion was seconded by ~. Trout ~d adopte~ by ~e following Ta21o~ .................................. ~. NAYS: None .................... O. (~. H~a~d had no~ a~ived) ZONING-~TION: Co~cil having set a p~l~c hearing for 7:30 H~day, April 26, ~976~ on zoning designations for ~e area g~rally bo~ed by the J~ua~ 1, 1968 ~oke Co.rate L~t line on ~e not.east, Fr~lln Roa~ (Virginia Rout~ 220) on th~ sou~east, ~e J~ 1, 1976 Ro~ok~ Co.rate Licit line on the southwest, and the Norfolk and Western tracks on the northwest Including Sout~ l~oanoke Apartments, To.aside Apartments and N-Hart, said area having been annexed to the City of Roanoke as of January lw 1976, the rotter was before the body. In this connection, the City Planning Conmtsston submitted a written report rec~d~ng a reclassification of the abovedescrlbed area. (For full text, see report as filed tn the City Clerk's Office.) NO one appearing In opposl21on to tho proposed rezonlng of the area, Mr. Thomas moved that the following Ordinance be placed upon Its first readings (%22860) AN ORDINARCE amending Section 2, of Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1956, as a~a~nded, providing for zoning classifications for an area In the southwestern quadrant of the City, which area was annexed by the City of Roanoke as of I~/dnight, December 31, 1975, and Incorporating said area into the Official 1966 Zoning Map of the City of (For full text of Ordinance, se~ Ordinance Book No. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Messrs. Garland, Llsk, Tauhman, Thomas, Trout and Mayor Taylor ................................... 6. NA¥Ss None ..................... 0. (~r. Hubard had not arriveo) ZONING-ANNEXATIONs Council having set a publle hearing for ?~30 p.m., Monday, April 26, 1976, on zoning designations for the area generally bounded by Cove Road and Peters Creek Road on the north, U. S. Route 581 on the east, Hershberger ~oad and Melrose Avenue on th~ south, and the Salem Corporate ~mlt l~ne on the west in¢ludingArrowWood Country club, Dansbur~Acres, Fairhope, Hershberger Hills, Hemlock Hills, Cove Haven, Glendale, North Norwood, Norwood Forest, Monticello, Norwood and Monte Vista Subdivisions, the matter was before the body. In this connection, the City Planning Comm~ssion submitted a written report reco~unding the reclassification of the abovede$cribed area. (For full text, see report a~ filed in the City Clerk's Office.) At thls point, Mr. Hubard entered the meeting. Mr. Charles L. Landis a?~eared before Council and advised t~at there are a number of residential areas in the Arrow Wood section, that the residents do not want anymore apartments in that area and for this reason feel that Dansbury Acres, Fa~rho~e, Hershberger Hill~, H~mlock Hills, Cove fiaven, Glandale, North Norwood, Norwoo~ Forest, Montlcello, Norwoo~ and Monte Vista sub~ivlsions should be rezoned for s£ngle family usage. After a psrlc~ of discussion it was ascertained that Mr. Landis had been following a County zonlngma~ and that these properties are in fact proposed to be rezoned RS-3, Single Family Hesidential District, which is th~ ~ess res~rictlve of any of the single family classifications, an~ based u~on 1.14 this explanation by the Hanager of City plamling and the Chairman of the City Planning COmlaissionw Mr. L~ndi8 agreed with the recom~nded rnzoning of the area in question. Hr. Paul T. Bain, 4714 Blltmore Drivew N. W., appeared before Council in reference to 13 acres of la.nd in the vicinity of June Drive which ts not subdivided and expressed concern that the city should make auto all of this area is designated single family dwellings only! whereupont the Chairman of the City planning Commission advised that the area referred to by Hr. Bain is recommended to be rezoned RS-3, Single Family Residential District. Hr. Richard R. Snedeqar, representing Appalachian Power Company, appcared before Council and advised that Appalachian OWnS property ~mm~diately behind the triangle at Cove Road and Hershb~rger Road which was purchased in 1955 and since that time has acquired three other tracts of land in that same area for the purpose of building a new station site, that they havo plans to begin the facility next year, that under the County zoning it was an allow- able use but in order for it to he an allowable use under the City zoning Ordinancem the property would have to be rezoned C-2, that the property i~mediately adjacent to that of Appalachian is zoned C-2 and Appalachia~ would like for its four parcels to be included in the C-2 classification. The Manager Of City Plannlng stated that under the RS-3 classification the property could he used for the above stated purpose~ however, the Company will have to request a s~ecial exception before the ~oard of =ontng Appeals. Rased upon the explanatlon o~ the Manager of City Plan~ing, Mr. Snedegar advised that Appalachia~ will make a decision at a later date as to whi=h route they prefer to follow. Hr. Thomas then moved that the £ollowing Ordinance be placed upon its first reading= (~22861) AN ORDINANCE amending Section 2, of Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1956, as amended, providing for zoning classifications for an area in the northwestern q~adrant of the City, which area was annexed by the City of Roanoke as of ~idnight, De=ember 31, 1975, and incor~oratlng said area into the official 1966 Zoning Ma~ of the City of Roanoke. (For full text of Ordinance, see Ordinance Rook No. The motion was seconded by ~r. Taub~an and adopted by the following vote= AYES: Messrs. Garland, Hubardm Lisk, Ta~, Thomas, Trout and Mayor Taylor ................................... 7. NAYS= None .......................... ZONING-Ah~F2(AT~ON= Council having set a public hearing for Monday, April 26, 19~6, at ?=30 p.m., on zoning designations for the area generally bounded by the January 1, 1968 Roanoke Corporate Li~it llne on the north, the B~ue R~dge Parkway on the southeast, and Virginia Route 220 on the southwest, inelud~n9 Chestnut P~dge, ~ockydale Ouarry ~nd Southern ~llls SuBdivisions, the ~tter va~ before ~e In ~is co~ectl~ ~e City Pl~[ng C~ss~ s~tted a written re~rt rec~end~g ~e reclassification of ~e ~v~escr~bed area. {For full text, see re~=t as E~led ~n ~e City Clerkts Office.) No one appear~g ~n op~s[t~on to ~e pro~sed reclass~f~cation, Mr. Th~s ~ved ~at ~e roll.lng Ordin~ce ~ placed u~n ~ts f~rst read~g~ (922862) ~ O~I~CE ~nd~ng Section 2~ of Chapter 4.1, of T~tle ~, of ~e C~e of ~e City of Roanoke, 1956, as ~ended~ prov~ding for zon~g classifications for an area in ~e sou~western and sou~eastern quadrants of the C~ty, which area was a~exed by ~e C~ty of Roanoke as of~ight, DecOr 31, 1975, and [nco~orating sa~d area into ~e Official 1966 Zoning of the C~ty of Roanoke. (For full text of Ordin~ce, see Ord~n~ce ~ok NO. The ~t~oa wa~ secon~dby~. Ta~ and adopted by ~e fo~ow~ng vote= AYES: Messrs. Garland, H~ard, L~sk~ Ta~, Tho~s, Trout and Hayor Taylor .................................... NAYS= None ............................ 0. April 26, 19~6, at 7:30 9.m., on zoning designations for ~e area Co.only kno~ as the Read Mo~tain ~ea, generally ~ded by T~nker Creek and J~ua~ ~, ~958 Roanoke Cor~rate L~t l~ne on ~e sou~west and ~e Janua~ 19~6 Roanoke Co.orate L~t line on ~ nor~ and east ~nclud[ng Ole Monterey Golf Course, Blue Hills Golf Course, ~bu~, Franklin Co~t, Clifton Eelghts, ~ Bell~e, Brattonla~ and Idlewild Park S~iv~sions, ~e ~tter was ~fore the In th[s co~ct~on, ~e C~ty ~[ng C~ssion s~tte~ a written r~port reco~ending ~e reclassiflcation of ~e ~vedescr[bed area. (For full text, see re~rt as filed ~n ~e City Clerk's Office.} ~. J~s H. Fulgh~, Jr.~ Attorney, representing ~. Th~s Cox, appeared before Cu~c~l ~ reference to 11 aures of land adjoining States~ Park Industrial C~ter ~d r~uested ~at 7.S5 acres of that ~ acre tract be rezone~ for light ~ufactur[ng as ~s ~e States~ ~ark Industrial Center. The ~ager of City Planning s~ted ~at ~e des[gnat~on proposed by ~e Co~ss~on ~s c~ar~le to ~e Co~ty classification of ~e ~rogerty; whereu~n, it was dete~ned ~at~. Fulgh~would need to f~le a separate petition w~ ~e C~ty PlYing Co. ss[on requesting a ch~ge ~n the t~on o~ ~e progerty [n question. No one w~shing to discuss ~e ~tter f~er, ~. Ta~ moved that the following Ord[n~ce b~ p[ace~ upon frs first reading= 115 116 (%22863) ~ OI~DINANCE amend~g Seet:~on 2~ oE Chapter 4.1~ of Title ~, of ~e C~e o~ ~e City of ~oke~ 1956, as ~ded~ prov~din9 for zon~g class~f~cat~s for ~ a~ea In ~e no~eashe~ ~a~h of ~e C~t~ ~h~ch area was a~ed by the C~ty o~ Eo~oke as o~ ~lght, DecOr 31, 1975, ~nco~rat~ng sa~d area ~nto ~e Official ~966 Zoa~ng ~p of ~e City of (For full text of Ord~ce~ see Ordin~ce ~k No. The ~t~on was seconded by ~. Th~s and adopted by ~e foll~[ng vote~ AYe= Messrs. Garl~d~ H~ard~ ~sk~ TS~n~ Th~s, Trout and ~yor Taylor ................................... ~YS~ None ...........................0. AI~ORT-~T~ON= Co~c~l hav~ng set a p~l~c hearing [or Monday, Aprl~ 26, 19~6, at ~=30 p.m.. on zoning desi~at[ons ~or ~ose areas In area c~nly kn~ as ~e Airart area not heretofore reclassified~ viz~ (1} that area occupying the not.eastern corner of ~e ~n2erseu~on of ~-581 and Her~rger Road, bonded on the sou~ by Hers~rger Road~ on the west ~y 1-581, on ~e nor~ By a line ~ning parallel to ~d 1,~00 feet nor~ of Hersh- berger Road, and on the east by ~e weste~ ~da~ of ~e nor~-sou~ r~way o[ ~e ai~ort; (2) that area bonded on ~ sou~ by a line r~g parallel to and 1,~00 feet nor~ of Hers~erger Road, on ~e w~st by ~-581 and V[rglnia Route 626~ and on the nor~ and east by a[r~ort property~ (3) that area bo~d~ on ~e east by V~rg[n[a ~out~ 118, on ~ sou~ by ~e nor~e~ of Crossroads ~11 property, on the west by a l~ne r~g parallel to and ~00 feet to ~e east of Virginia Route 118 ~d on ~e nor~ by ~e sou~e~ bo~darles of two parcels of l~d sh~ on ~e c~ty~s appraisal ma~s as having ar~as of .664 and 2.4~6 acres; (4) those five progerties, fo~ of which front on Virginia Route 118, sh~ on the u[ty~s ap~ralsa[ ~s as having aures of .43~ .43, 1.0, .664 and 2.4~6, l~ated approx~a2ely 300 feet nor~ of Virginia Route ~ls - Ne~ Street intersect~on~ was before the In th~s co~ect[on, ~e city Plying Co. ss[on s~tted a wr~tt~ report reco~ding ~e reclassification of ~e ~vedescribed property. (For fu[~ t~t, se~ report as filed ~ ~ c~ty C~erk~s Office.} No one appearlng wi~ reference to ~e ~tter~ ~. ~s ~ved ~at the foll~ng Ord~ce be p~aced upon its first read.g: (S22864) ~ O~IN~CE ~ending Section 2. of ~apter 4.~, of T~t~e ~, of Th~ Code of ~e City of Ro~oke, 19~6, as ~ded, provid~g for zoning classifications for an area in ~ not.western ~t of ~e City, which area was a~ed by ~e City of Roanoke as of ~ight, Dec.er 31, 1~5, and ~nco~orat~g said area into ~e Off~c[al [966 Zon~ ~ of ~e Clty Of Roanoke. (For full rex2 of Ordin~ce, see Ordin~ce Rook No. The motion was seconded by ~. Garl~d and adopted by ~e foiling vote ~ AYES~ Messrs. Garland, Hubardw Llskw Taul~an~ Thcunas~ Trout and~ayor Taylor ......................................... ?. NAYS~ None ........................... ZONZNG-ANNEXATION~ Council having set a p~blic hearing for Monday~ April 26, 1976~ at ?~$0 p.m., on zoning designations for those areas in that area in the southwestern quadrant of tho city generally bounded by the Norfolk and Western Railroad tracks on the north, the January 1, 1976 Roanoke Corporate Limit line on the east~ the January 1, 1976 Roanoke Corporate Limit line on the south, and Virginia Route 419 on the west, not heretofore reclassified, the matter was before the body. In this connection, the City Planning Commission submitted a written report recommending the reclassification of the abovedescribed property. (For full text, see report as filed in the City Clerk*s Office.) Mr. Thomas moved that the following Ordinance be placed upon its first reading~ ($22865) AN O~DZNANCE a~ending Section 2, of Chapter 4.1, Of Title XVt of the Code Of the City of Roanoke, 1956, as a/uended, providing for zoning classifications for an area in thc southwestern quadrant of the City, which area was annexed by the City of Roanoke as of I~tdhlight, Dece~nber 31, 1975, and incorporating said area into the Official 1966 Zoning Hap of the City of Roanoke. The motion was seconded by Mr. Taubma~. Hr. Richard P. Pence, Attorney, representing the Virginia Conference of the United Methodist Church, appeared before Councll in reference to property bearing Officlal Tax Nos. 5090205 and 5090207 owned by the church, advising that he takes exception to the recommendation of the City Planning Commission for C-1 and P~-i classlfications and the church would prefer that both tracts of land he rezoned C-2, General Commercial District. The Mayor advised of a telephone call he received earlier in the day from Mr. H. A. Turner, 4810 Norwood Street, S. W., in opposition to the request of the church, advising of drainage problemm and devaluation of the property. The Mayor then presented photographs furnished to hi~lbyMr. Turner showing drainage probl~n~. Mr. Pence presented a brief history of the property, stating that his ellent feels the property should be given its highest and best use which is a C-2 designation and this is the way the land should be developed and placed on the tax roles of the City of Eo~Jloke. Mr. E. H. Brewer, Jr., Real Estate Appraiseri Mr. Dewey R. Robertson, Real Estate Appraiser~ and Mr. Guilford L. Hattern, Partner, Hayes, Seay, Hattern & Hattern, Architects and F~lglneers, appeared before Cotulcil and spoke in favor of the requested C-2 classlflcatton. i iS: Approx~nately fifteen people were present ~u favor of the requested C-2 classification. ~ro James P. Douthat, Attorney, represent~g Dr. C. Dale Elliott, appeared before Council and requested a C-2 classification for Dr. Elltott*s property bearing Official Tax No. 5090209, advising that the land has been considered on at least three occasions as a unit with the church ~nd Cox properties, and hie client is agreeable to the C-2 designation if the church end Cox properties are also designated C-2o Mr. Rudy COX appeared before Council in reference to his property bearing Official Tax No. 5090208 and took issue wl~h the re¢~-ndation of the City planning Cn~tssion, advising that the purpose Of annexation was to give the city sufficient lend in which to grow, end if the city is going to grow it must be zoned properly, that his property has been for sale for sc~e time end he cannot find anyone who is interested in buying it with a C-1 classification and he is of the opinion that his property should be reclassified as C-2, Office and Institutional District. Hr. Fred G. Hoback, Attorney, representing residents Of Woodmar Drive and surrounding areas, appeared before Council in Opposition to the C-2 classifi- cation and presented a petition signed by 73 residents in the area objecting to the C-2 classification because it wiii increa~= Cr=ffiu, **o£~= ~ iltt~r, will create ~npleasant lights at night, the possibility of unpleasent odors and will be unsightly from a residential neighborhood. Mr. ~oback stated that when he represented the residents before the City Plan~ing Co~n~ssion there was opposition to any type of zoning except resldential~ however, the residents have instructed him to advise the Council that they would not object to a C-1 classification for that portion of property which fronts Route 419. Mr. Hoback then presented a brief history of the property and the [ollowlng points: A drive through the area shows that Southwest Plaza is pretty much vacunt. The area going down Woodmar Drive where it ties into Nor- wood is nothing but residential. While the area was ~n the County there was no zoning behind Oakgrove Plaza other tha~ residential. Regardless of the 20,000 Methodists, there are residential people who have to live in this area every day. The proposed use by the church o£ this property is un/tnown to the residents, that as late as Septe~nber, 1975, it was advised that the lend was not for sale and the church had no plans to sell it and it was not until this area was a~nexed to the City that they decided to sell. A C-1 designation would be in keeping with zon£ng along Route 419 which is predonc[nantly restdentlal. It is not felt the church should be that interested in m~klng a high profit on land which has not been on the tax roles. To create a C-2 classification for the entire tract of land going down Woodmar would be against proper zoning. If the church could prove to the City Planning Comm/s~ sion that en undue hardship does in fact exist, then possibly the residents WOUld be more understanding of their situation. A C-1 classif~cation will notre the property unmarket- able and the residents are w~lling to accept the tion of the City Planning Co~n~ssion. ~s. Ru~ York ap~a~ed ~fore Cocci1 ~d gave a brief h~sto~ of h~ ~e church acquired ~e p~pe~2y from her fa~er In 1917 ~d stated it ~as sold to hh~ ~ the ~ders~ding ~a2 a ch~ch ~as ~o~g to be ~ere~ advising that she ~ould l~e to see a church or ch~ch affiliated facility const~cted on ~e land, so~lng ~a2 ~ould ~ favorable to all res~d~ts. ~. Bu~2on Al~k, A2ko~ne~, represen2[ng ~. Rud~ Cox, before Co~cil ~d s~ted ~2 ~o allo~ ~. Cox~s prope~2y to be ~n~ other ~ C-2 ~11 ensure ~a~ ~e property ~11 no~ ~ developed ak all, thah ~ere ~s an over~dance si C-I ~n 2he c[2~ ~d requested ~ak Cocci1 consider the ~tter In that light. ~. Jack W. Ma~ff~y, 5~6~ Gre~nf~e~ Str~, S. W., a~v~se~ ~at ~f a C-2 classification ~s approve~, property valu~ ~n ~ area will be affected. ~. Charles E, Shockley appeare~ before Cocci1 ~n refer~ce to property fronting on O~d Sa~oa~, ~r~and Avenue, W~st~and Av~nu~ ~e Norfolk ~ Western ~ilway tracks an~ ~ud Lick Cr~ and pre~ented a petition s~gne~ by 52 r~sidents ~n opposition to ~e l~ght ~ufact~ng c~assif~cat~on by the C~ty Planning Co~ss~on, a~v~s~g that ~e peo91e in ~s area ~ not ~ the Co~ty ha~ zoned their property for l~ght ~ufact~ng, ~at ~e ~jor~ty of the peo91e woul~ l~ke ~or ~e~r h~e~ to be zone~ residential ~n order that ~ey ~y continue to ~ke ~rov~ents, ~at ~ere ~s a gen~ral feeling ~e property ~ul~ det~r~oratu consider~ly if zone~ llght ~ufaut~- ~ng, that the residents request ~at Cocci1 cons~er a reason~le compro~se ~ ~ey woul~ not object to a c-1 ulassif~uation. · he Charon of the City Plying Co~ss~on advised ~at when ~e Co~ss~on c~e ~n wi~ its first r~co~en~at~on to Cocci1 on th~s property ~dep~d~t of prior ~recti~, it ~eco~ed ~at ~is tract of l~d be ~ent~al ~n ~ts entirety contra~ to its original cowry zon~g tak~g ~nto consideration ~e genera~ res~d~nt~a~ nat~e of ~e ~, ~at when Cocci1 r~ferre~ ~ back to ~e P~ng C~smlon r~nd~ng ~ ~at it was ~e equ~val~t of l~ght ~ufactur~ng ~n ~e Co~ty ~ suggest~g ~at the reconsider ~t, it was ~n ~ked at ~n ~at l~ght ~ d~s=usse~ at great ~at after hearing a great d~al of ~iscussion on bo~ s~es, it was ~e ~jority decision of ~e City P~a~ng C~=s~on ~at ~ere was not a d~v~d~ng which coul~ be attained ~ ~erefore, ali of ~e property shoul~ go back to ~ght~u~actur~ng. ~. C. R~char~ Cr~we11, Atto~ey, ap~ar~d b~fore Cocci1 ~n reference to a 3.3 acre tra=t of 1~ bo~e~ by ~u~ L~ck Creek, advising that ~ere are people who w~t ~r property to r~in l~ght~ufact~g 1'19 120 and suggested, in order to facilitate t~enatter, since n petition had been filed with the Council of persons who would like for their properties to remain residential that those properties be extracted from the rezoning ~nd referred back to the City Planning Cc~mlssion~ that the planning Commission notify all those persons of a public hearing to consider sonin9 classifications for their properties and instruct the Planning C~lesion to sub~tt further report to the Council and in that way Council could presently proceed to rezone his property and the properties of H~s. Sadie Covey and It re. Renie Hunt who are also requesting light manufacturing classifications. After considerable discussion of the request~ Hr. ?a!~hman moved that subparagraph (a) of Ordinance No. 22865 be referred back to the City Planning Commission for further consideration with the guidelines that 811 property ovners in the area be notified~ that a hearing bs held stating there are different uses of this property being both residential and manufacturing and that the City Planning Com~iseion consider the matter on this basis taking into consideration equities which are involved and report to council with further recommendation at a later date. The motion was seconded by Hr. Lick and unanl- mously adopted. with reference to Lhe property of the Met. hodiet Church on Route 419, Hr. Pence again appeared before Council in reference to lots bearing O//leis1 Tax l~os. 5090205 and $09020? and requested that one-half frontage or an equlvalont of 400 feet along a B-2 classification b~ reclassified With reference to subparagraph (b) of Ordinance No. 22865, Hr. Hubard moved the followlng amendment as underlined: (b} That area in the Southwest Plaza area comprised of properties bearing Tax Nos. 5090207, 5090208 and 5090209 a~ld that triangular portion Of the lot designated as cit~ tax~p no. 5090205 l~ing to the west of the extension of the dividln~ li/le between lots designated as tax nu~bers 5090201 and 5090202. The ~tion was seconded by Hr. Ta~bman and u~anlmously adopted. Hr. Subard further moved that the property be reclassified C-I, Office and Institutional District. The ~otion was seconded by Hr. Garland. Mr. Lisk offered a substitute motion that the property be reclassifled C-2, General Commerclal District. The motion failed for lack of a second. The orlginal motion was then adopted by the following vote: AYES: Hessrs. Garland, Hubard~ Lisk~ Taub~an~ Thomas, Trout and Mayor Taylor ...................................... NAYS: None .............................0. With reference to subparagraph (c}, Hr. Hubard moved that Council approve sane less that triangular portion of the lot designated as city tax map no. 5090205 lying to the west of the extension of the dividing line between lots designated as tax nos. 5090201 and 5090202. The motion was seconded by Hr. Lisk and adopted by the following vote= AYES~ Messrs. Garland, Hubard, Llsk, Taubman~ Thomas, Trout and Mayor Taylor ..................................... NAYS~ None ........................... 0. (NOTE~ subparagraph {b) above l~con~s subparagraph {a) and subpara- graph (o) above becomes subparagraph (b) since the orXginal subparagraph (al was referred bank to the City Planning Commission.! Mr. Thc~ae then offered Ordinance No. 22865 as amended for its first reading= (122865] AN ORDINANCE ~mending Section 2, of Chapter 4.1, of Title XV, of the code of the City Of Roanoke, 1956, as amended, providing for zon~g classifications for an area in the southwester~ quadrant of the City, which area was annexed by the City of Roanoke as of mlchuight, D~cember 31, 1975, and incorporating said area into the Official 1966 ZoningMap of the City of Roanoke. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Lisk and adopted by the following vote~ AYES: Messrs. Garland, Eubard, Lisk, Ta~!B~n, Thomas, Trout and Mayor Taylor ..................................... NAYS: None ............................ ZONING-CO~PLAINT$-TRA~FIC~ Council havin~ set a public hearing for ?:30 p.m., Monday, A~ril 26, 1976, on the question of amending Chapter 4.1, Title XV, of The Co~e of the City o£ Roanoke, i956, as amended, hy the addition of a new section entitled Inoperative Motor Vehlcles, to provide that no property zoned for residential or commercial purposes shall be used for the parking or storage of ~ny inoperative motor vehicle, trailer or semi-trailer, as defined in Section 46.1 of the Code of Virginia, 1950, as a~e~ded, not concurrently llcen~ed or not displaying a valid lnsgection sticker, unless said vehlcle be parked or stored in an entirely enclosed building or ~e screened so as not to be exposed to public View from any publlc street, or road, or other the ~atter was before the body. In this connection, the City Planning Co~sslon subn~tted a written report recon~nendLng the abovedescribed (For full text, see re~ort as filed in the City Clerk's Office.} No One appearing in opposition to the proposed amendment, Mr. Thomas moved that the following Ordinance be placed upon its first reading: (~22866} AN O~DINANCE amending Chapter 4.1, Of Title XV of The Code o£ the City of ~oa~oke, 1956, as a~nded, by adding a new section to be numbered ~3.2 and ~ntitled ~noperativs Motor Vehicles, regulating the ~arklng or storage of inoperative motor vehicles. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Tatth~an and adopted by the following vote: AYES: Messrs. Garland, Hubard, Ltsk, Ta~ Thomas, Trout and Mayor Taylor .................................... ?. NAYS: None ............................ 0. I22 SI~ETS A~D ALLL~St Council havi~g set a p~lic hear~9 for 7t30 p.m., ~n~M, April 26, 19~6, on ~e quesLion of ~ending ~e c~b ~d s~dewalk ln~o Ch~ch Argue, S. H., on ~ho sou~easLe~ co~ez of ~e intersection Ch~ch Av~ue, S. W., ~ 22n~ S~eet, S. W., so ~t ~affic ~ter~g ~urch Av~u~ fr~ 3rd Street, w~11 not ~ ~1e to enter 2n~ Street, ~e ~tter was before ~e In ~iS connection, the City Pla~lng Cn~i~sion s,,~itted a written report reco~ding ~at ~e a~ve ~tter ~ acc~lished. (For full text, see re~rt as filed In ~e City Clerk's Office.) No one appear~g ~ refer~ce to ~e question~ ~. Trout ~oved ~at the foll~ing Ordin~ce be placed u~n its first reading: (%22867) ~ O~I~CE provid~g for the ~ension of ~e curb sidewalk on ~e sou~weste~ corner of ~e intersection of Ch~ch Avenue, S. and 2nd Street, S. W., into ~e sou~erly right of way of Ch~ch Avenue, S. W. (For full text of Ordin~ce, see Ord~ce B~k No. The motion was seconded by ~. Ta-~m~ ~d adopted by ~e following Taylor ................................... 6. NAYS: ~. Lisk ................ i. ST~ETS ~D ~YS: Cocci1 having set a p~lic hearing for 7:30 ~onday, April 26, 1976, on ~e question of pe~tly vacat~g, discontinuing ~ c~oslng Judith ~ S. E.~ the ~tter was ~fore ~e b~y. In this co~ection, the City Piing C~Ssion s~tted a written re~rt recording ~at ~e request be approved. (For full t~2, se~ report as filed in ~e City Clerkts Office.) The viewers appointed to view ~e street s~tted a ~itten report advising ~at ~ey have viewed the street ~d are ~usly of ~e o~inlon that no inc~venience would result, eider to any indivldual or to ~e fr~ pe~tly vacating, closing and discont~uing (For full t~t, see report as filed in ~e city Clerk's Office.) No one ap~ear~g ~ op~sitlon to ~e request, ~. H~ard moved ~at ~e foll~ing Ordin~ce be placed upon its first reading: (%22868} ~ O~IN~CE pe~ently vacating, discontinuing, and clos~g a certain s~eet in Section 3, of Hill MO~ Estates ~ as Judith ~e, S. E., as sh~ on plat dra~ by Buford T. L~d~ a ~sociates, dated J~ua~ 9, 1976, shying the vacation of Judi~ ~e, S. E., a copy of which plat is on file in ~e office of ~e City Clerk. (For full text of Ordinate, see Ord~c8 ~ok No. The ~otio~ was seconded by ~. Garl~d ~d adopted by ~e foli~g A~: Messrs. Garl~d, H~ard, Lisk, Ta~, Th~s, Trout Mayor Taylor .................................... NAYS: None ............................. 0. TRAFFIC* Mro J, D. Bailey, Jr,, 2418 Floraland Drive, No W., appeared before Council and presented a petition slgned by 367 residents of ~he city requesting the Installation of a traffic light at the intersection of Grandview Avenue and Hershberger l~oad, N. W. (For full text, see petition as filed ~ the City Clerk's Office.) Mr. Lisk moved that the ~atter be referred to 1976-77 budget study and to the Clty~anager for study, report and recomendation to Council. The motion was seconded by Mr. Trout and unen~mously adopted. It was suggested that the City Manager re~ort back to Council prior to budget study with information as to whether or not there is a surplus traffic light in the city which could be used for this purpose. CO~PPuF~HENSIVE EMPLOyMENT AND TRAINING ACT= A Co~mnunication fr~uaMs. Joyce Wright requesting permission to address Co~cll in conneution with the allowance payments to CETA clients at O~portt~nities Industrialization Center, was before the body. The City Clerk advised that,s. Wright had requested that this be deferred until the next regular meeting of Coencil on Monday, May 3, 1976. Mr. Trout moved that Council concur in the r~quest. The motion was seconded byMr. Lisk and unanKmously adopted° PETITIONS AND CO~t~UNICATIONS= WATER DEPARTMENT-ARNFt~ATION-SEWERS A/{D STOR~DRAINS= Copy of a cc~munlcation from Mayor G. W~ Nicks, Town of Vlnton, addressed to _ur. Hampton W. Thc~nas, requesting that he or Mr. Ronald N. Miller, ToWn Manager, be notified of any pla~s of the city to serve bulk water to anyone ~n the Vinton area or the Vinton growth area which would be anywhere in the eastern part of the Cokulty, was before Council. (For full text, see communication as filed in the City Clerk's Office.} The Mayor advised that he would like to offer a motion concerning the a~ove ~atter and relinquished the Chair to the vice-Mayor. The Mayor then presunted a com~nunication advising that the letter from~ayor Nicks points up the confusion and delays we are presently experienc- ing due to aunexatlon, that the purchase of the lines for water and sewage in the annexed area is a matter of great concern to him and to many citize~ns in all areas of the city and in order to make the City of Roanoke~s position abundantly clear to the citizens as to how it proposes to protect their interests in this ~atter and to assure them that the city will exhaust every remedy to acquire these lines as soon as possible, he is of the opinion that the City must ~ove at once to become a part of the pending lltigation and voice the City Roanoke~s views, and recommending that the City of Roanoke, through its attorney, move immediately to enter the pending litigation as am/cue curiae. (For full text, see co~nication as filed in the City Clerk's Office.) 123 124 The Hayor then moved that Council concur in his ra¢~ndation, n~ely~ that the City of Roanoke, through its attorney, will ~mediately enter the pending litigation concerning the sewage lines as am/cus curiae and that this matter be referred to the City Attorney for necessary action. The motion was second- ed by ~r. Trout and unanimously adopted. The Mayor then resumed the Chair. SE~RS MD STORH DI~AINS~ A petition signed by 18 residents in connec- tion with the unfair sswer taxes levied by the Roanoke County public Service Authority, proposing on behalf of themselves and all other similarly situated 'sewer ssrfa' recently annexed to the city that the City Water Depar~nent accept and hold An escrow their protest payments of the Author~tyts sewer levies pending final outcome of certain pending negotiations and/or litigation, was before Council. (For full text, see communication as filed in the City Clerk's Office.) The City Attorney pointed out that At takes three parties to e~ter into an escrow agreement, the city, the authority and the 'sewer serfs' and without those three parties there can be no escrow agreement. Mr. Hubard moved that the ~atter be referred to the City Attorney end the Director of Finance to advise the Council as to how this ~attsr Ca~ be accomplished. The motion was seconded by}tr. Lisk and unanlmously adopted. ~2~NEXATION-S~WWERSAND STOR~D~AINS: Mr. Charles R. Mitchell appeared before Council and presented a petition signed by 17 residents requesting on behalf of themselves and all other annexed sewer serfs of Norwood Subdivision that the city forthwith assume the direst responsibility for furnishing sewage disposal service to said subdivision instead of the Roanoke County public Service Authority. (For full text, ~ee co~nunication as filed in the City Clerk's Office.) In view of the motion previously ~de by Mayor Taylor, Mr. Hubard moved that the coomunlcation be received and filed. The motion was seconded by Mr. Tach, an and ~nanimously adopted. SCHOOLS-A~NEXATION: A co~ununlcation from Mr. WilllamF. Clark, Clerk, Roanoke County Board of Supervisors, transm/tting copy of Resolution No. 1469 adopted by the Board on April 13, 1976, stating its position relating to the education of annexed children and the construction of school facilities by the city, was before Council. (For full text, see communication and Resolution as filed An the City Clerk's Office.) Mr. Garland moved that the ¢cm~nunicatlon and Resolutlon he received and filed. The motion was seconded by Mr. Llsk ~nd ennn~mously adopted. ZONING-SPECIAL PE~TS: A com~/u~ication from Mr. Willie A. Cart re~uesting permission to pursue the OCCupation of servicing citizens band radio units in his home at 2?39 Colon£al Avenue, S. W.~ was before Coonoil. (For full text, see co~unication as filed in the City Clerk's Office.) ~Lr. Thomas moved that the cc~munication be referred to the City ~anager for atudy~ report ~d fecundation to Co~cll, ~e ~tla seconded by ~. Llsk ~d ~ualy adopted. C~r.~TIONS~ A c~lcatlon fr~ ~. M~it H. ~ter, Convention ~d ~avel B~eau, Ro~oke Valley Char of C~rce, advlsin9 ~at the Bureau ~111 be pleased to pa~ticipate In ~e Blcent~lal Issue Virginia ~ $ City, ~at their adve~tis~9 apen~ has ~en noel[led to dra~ up a full page ad, and that due to ~e aho~2 t~e one of ~e s~dard ads ~lll be utilized ~hich ~hasizes the Civic Center as a c~vention center~ ~fo~e Co~cil. (For full t~t~ see co~lcation as illed In ~e City Clerk's Office.} Hr. Llsk ~ved that ~e co~lcation ~ ~eceived and filed and that ~e City Clerk be in~tructed to express ~e appreciation o[ the Co~cil of the City of ~anoke to the Convention ~d Travel Bureau. ~e motion seconded by ~. Th~s and ~usly adopted. ~PORTS OF OFFICE~ rec~ending that $4,138.00 be tr~sferred fr~ Vehicular Equipment to tenance of Building, Property and Equipment ~der Section ~347, 'Fire~~ of the 19~5-T6 budget, in co~ection with d~ges In ~e ~t of $4,138.00 to NO. 1 ~gine as ~e result of a traffic accident at Church Avenue ~d Jefferson Street, S. W., on March 9~ 19~5. (For full text, see report as filed ~ ~e City Clerk's Office.} ~. Trout ~ved that Cocci1 concur i~ ~e report and offered ~e foll~g ~erg~ Ordln~ce tr~sferri~g $4,138.00 fr~ Vehicular Equipment to Maintenance of Building, Property ~d Equipment ~der Section 134T, 'Fire, of ~e 19TS-T6 budget: (122869) ~ O~N~ to ~d ~d reorda~ Section ~34T, 'Fire,' of ~e 19~5-T6 Appropriation Ordinate, ~ providing for ~ ~ergency. (For full t~t of Ordi~ce, see Ordin~ce Book No. ~. Trout moved the adoption of ~e Ordin~ce. The motion was seconded by ~. Ta~ an~ adopted by the foll~g vote= ~yor Taylor ................................ NAYS: None ........................ 0. ~. Ta,~an move~ ~at ~e City Clerk be ins~ucted to car~ ~e ~tter on ~e list of it~ referre~ but still p~d~g ~til a settl~ent with ~e insur~ce c~p~y ha~ ~ at~ined. The ~tion was seconded by ~. H~ar~ ~a ~ously adoptS. G~S: The City ~ager s~tted a writt~ re~ort in co~ectlon wi~ an Urban ~sis~ce Inc~tive F~d Grant for a Vie~ese Newsletter, a~vislng ~at the Urb~ Assist~ce Inc~tive F~d provides a one t~e gr~t of 'seed money' to get wor~y projects off ~e gro~d, ~ ~is case $~,916.00, ~at ~is will be ~tche~ by $5,000.00 fr~ T~ wi~ no city f~ds 125 1'26 '~e city to act as financial agent to receive ~ grant funds~ ~lcip~ted ~e newsletter c~ bec~ self-sup~t~ b~ ~e end of ~e f~s~ yea~ ~ough s~scrlptlon fees w~ no f~eF need for cit~ ass~st~ce, g~t application to be acc~ed by a Resolution of sup~t f~ ~e local gove~g ~y and it ~s ~ec~uded t~t Co~cil p~ov~de such sup~2. (Fo~ full text, see re~t as f~l~ ~n ~e City Clerk's Off~ce.) ~. H~rd ~ved ~at Co~cil conc~ la ~e (J22870) A ~SO~TION au~or~z[ng ~e by the City for a grant of Urb~ ~s~st~ce Incentive F~ds for f~d~ng a project for est~sh~ng a b~n~a~ or mult~-l~ngual newsletter for V~e~ese C~ refugees an~ other ~nterested persons ~ org~zat~ons~ and ~nd~cat- ing the City's willingness to se~e as ~e receiving agency for such f~ds. (For full text of Re~o~ut~on~ see Resolution ~. H~ard move~ ~e adoption of ~e Resolution. The moron was seconded by ~. Garland an~ a~opted by ~ following vote: AYES~ Heists. Garl~d~ H~ard~ L~sk~ Ta~, Th~s~ Trout and ~ayor Taylor ................................... NAYS = No~e .......................... 0. BURET= The city ~ager s~tted a written report pro~os~g that Co~c~l schedule a special meeting for Friday, ~y 7, 1976, at 10 a.m., at which t~e he will present ~e progosed budget for f~scal year 1977. (For full text, se~ re~rt as file~ ~ ~e City Clerk's Off~ce.) ~. Trout move~ ~at Co~c~l conc~ ~ ~e re,rt. The motion was seconded by ~. Ta~ an~ ~ously adopted. POLICE DEP~= The Ci~y Manager s~tted a written report ~fo~ing of th~ ~gnitude of effort exp~de~ on behalf A~a~ Po~c~ d~g ~e rec~nt year. (For full t~t, see re~rt as fil~ in ~e city Clerk's Off~ce.} ~. Th~s move~ ~at the report ~ rec~ive~ C~ty Atrophy be ~nstructed to pre,are ~ ~roger m~as~ of appreciation. The mot~o~ was seconded by ~. L~sk and ~ously adopted. ~TS-WA~R DEP~T: The C~ty ~nager s~tte~ a writt~ re~rt requesting ~at Co~cil conc~ in accepting a ten foot eas~ent from Patterson an~ Ailstock Development, Incor~rat~d~ ~evelopers of Glenwo~ E~tates ~ ~e Gard~ City ar~a, t~ough which eas~t ~e developers w~11 const~ct a water l~ne to provide se~ice to ~e higher elevations of ~e s~vlsion. (For full t~xt, see report as filed ~n ~e C~ty Clerk's Off~ce.) ~. Tho~s moved that Cocci1 conc~ in ~e report following ~ergency Ordnance= (%2287~) ~ O~N~CE au~or~zing ~e acquisition of a cer~ pe~etual eas~ent ~ough property ~n ~e C~ty belong~g to Patterson ~lst~k Develo~t, ~nc., for p~l~c water l~ne p~o~es, upon certain te~ an~ conditions; an~ providing for an (For f~ t~xt of Ord~c~, see Or~n~ce ~ok No. Mr. Thc~as moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote~ ~ayor Taylor .................................. NAYS~ None .......................... 0. AUDITORI~H-COLISEUH~ The Clty H~/lager s~h~tted a writte~ report in connection with the Civic Center pro~otional position~ advis~g that ~n order to obtain a fully qualified lndiv~dual with prior experience An this career field a minimum salary of $19,000.00 will be required, that the position ~ng. (For full text, see report as filed An the City Clerk's Off~ce.) The City Manager requested that the report be withdrawn due to the fact that the person he had in mind has accepted a ~osition with the City of Norfolk. Mr. Thomas moved that Council concur in the request of the City mousl¥ adopted. Board and that he be designated as an ex-officio me~mber, that the fifth with a licensed electricia~ or proof of an equivalen~ acceptable to the Board. (For full text, ~ee report as filed in the C~ty Clerk*s Office.) block buildlng to city specifications for such use, lease cost per month of a three year lease to be $1,000.00, a~d reconEaending authorization for lease of the property described in the proposal. (For fuXX text, see report ns filed in the City Clerk's Office.) (%22872) AN ORDINANCE authorizing and provldin~ for lease by the City Of certain property on Salem Turnpike, in an area recently annexed to the City, fro~ the owner of said property, to b~ used as a temporary fire station 127 '128 ~L~. Trout moved the adoption of the Ordinance. Tho motion was seconded hy /ir. Eub~d and adopted by tho following vote: AYES: Messrs. Garland, Eubard, Llsk~ TaUb~an, Thomas, Trout and Mayor Taylor ................................ NAYS: None ........................ BUDGET: A financial report for the City o£ Roanoke for the month of March, 1976~ was before Co,nell. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubardmoved that the report be received and filed. The motion was seconded by}tr. Llsk and unanimously adopted. BUDGET-PUBLIC ~I~tE: The Director of Finance s~tted a monthly statement of expenditures for public Welfare for the month ended March 31, 1976. (For full text, see report as filed in the City Clerk's Office.) Mr. Eubard moved that the report be received and filed. The motion was seconded by}tr. Lisk end unanLmously adopted. BUDGET-CITY EMPLOYEES-INSU~tNCE: The Director of Finance submitted a written report kran~tting an Ordinance for the purpose of appropriating funds for the blanket bonds covering the municipal employees for one year. Mr. Trout offered the following emergency Ordinance appropriati~lg $5,330.00 to Insurance onder Section S105, 'Depart~e~lt of Finance,' of the 197~-76 budget: (%22873) AN OP~D[NARCE to amend al~d reordain Section %105, 'Department of Finance,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordina~ce Book NO. ~r. Trout moved the adogtion of the Ordinance. The motion was seconded by Mr. List and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taub~a~, Thc~nas, Trout and Mayor Taylor ..................................... NAYS= None ............................0. TAXES: The Director of Finance submitted a written report in counectlon with the McKinsey and Co~pa~y, Incorporated, report advising that Ite~n One conce~ling pa~ment of city bills on a delayed basis requires no legal document to accomplish same and will be implemented prior to the end of this fiscal year, end requesting, in connection with Item Three concerning establish- ~ng one bank account for the city, that he be instructed to prepare criteria and soliclt bids for same, such bids to be evaluated by the Director of Finance, and after determination as to the best bid received, the necessary Ordinances will be prese/lted to Council. (For full text, see report as filed in the City Clerk's Office.} }~r. Hubard moved that Council concur in the re~ort. The motion was seconded by Mr. TetOn ann u~an~mously adopted. Council having previously instructed the City Attorney to prepare the proper measu~o amending the City Code to provide for and control the invest- merit 0£ fads of the city In excess of Immediate requirements, he presented The Roanoke City Treasurer appeared before Council and requested that action on the Ordinance be deferred until the next regular meeting of Council on Honday, Hay 3, 1976, in order for him to have ample time to study sa~e. H~. Thomas moved that action On the Ordinance be deferred until the next regular meeting of Council On Honday, Hay 3, 1976~ and that a meeting of the City Investment Committee be held if necessary to review the Ordinance with the Treasurer. The motion was seconded by Hr. Trout and unanimously adopted. ZONING-PLARNING: The City Plaaning Colmaisston submitted a written report transmitting an A~alysis of Town House Regulations of the City of Roanoke and Roanoke County~ advising that no change in the town house Ordinance is warranted. (For full text, see report as filod in the City Clerk's office.} After a discussion of the ~atter, Mr. Hubard moved that the report be received and filed. The motion was seconded hyMr. Taubman and unanimously REPORTS OF COMMITTEES: MUSEUMS-SALE OF PROPERTY= The Real Estate Committee submitted a written report in connection with a request of the Science ~luseumAsso¢fation for utilization of the abandoned Tinker School property, recon=nendi~lg that Councll authorize a lease of this property to the Science Museum Associatlon for $1.00 a year predicated on certain stated conditions. (For full text, see report as filed in the City Clerk's Office.} }tr. Lisk moved that Councll concur in the reco~lnendation of the Committee and that the following Ordinance he placed upon its first reading= (922874} AN ORDINANCE authorizing and providing for the lease by the city of the former Tinker School site to the Science Museu~Association of Roanoke Valley, upon certain terms and conditions. (For full text Of ordinance, see Ordinance Book No. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taubman, Thomas, Trout and Mayor Taylor ................................... NAYS: None ......................... 0. SALE OF PROPERTY: The Real Estate Committee etthmltted a written report in connection with the request of Dr. J. B. Rapoport and Dr. R. D. Blum for the acquisition of city-owned property at the corner of Peters Creek Road and Ter~lessee Avenue, N. W., recommending that the city lease this property to Or. Rapoport and Or. Hlumfor $140.00 per year. (For full t~xt, see report as filed in the City Clerk's Office.} 129 Hr. Lick moved that council concur in the re¢o~dation of the committee and that the follo~ing Ordinance b~ placed upon its first reading= (~22875) A~ ORDI~CE authorizing and providing for the City's leasing to Dr. J. B. Rapoport and Dr. R. D. Blum of a certain 0.1159 acre parcel of land located on the east side of Peters Creek Road~ N. W., north of Tennessee Avenue, No Mo, upon certain term~ and conditions. (For full text of ordinance, see Ordinance Book No. The motion was seconded by Hr. Thc~nas and adopted by the follo~ng vote~ AYES~ Messrs. Huhard, Lisk~ Ta~ah~ Thomas, Trou2 and Mayor Taylor ...................................... NAYS= Mr. Garland ................1. AIRPORT= The Airport Advisory Commission submitted a written report tn connection with acquisition of land for airport development, transmitting a report of a sub-Committee appointed to review the matter of needed real estate and the effect of continued delays in purchasing sa~e~ ~aking certain reco=~endatlcns in con~ection therewith, end proposing that $203,?02.36 in the Airport Fund set aside in Capital I~prove~ent Bond f~u~ds for land acquisition be used to here professional appraisers, ~urchase land and purchase options as needed. {For full text, see re~ort as flied in the city Clerk's Office.) Hr. Trout moved that the report be r~ferred to the city Manager for report to council as to the proper course of action to follow in carrying out the recommendations of the Airport Advisory Commission. The motion was seconded byMr. LEsk and ~nanimously a~opted. AIRPORT= A co=m~ttee appolnted to tabulate bids received for electrical alterations at Roanoke Municipal Airport, Woodru~ Field, submitted a written report recommending that the low bid of Floyd $. pike Electrical Contractor, Incorporated, in the amount of $66,328.00, be accepted, and that which includes $9,009.00 for a transformer, be appropriated to accomplish this project. (For full text, see report as filed in the City Clerk's Office.) In this connection, the City Manager s~b~itted a wrEtten report concurring in the above report, und a~vising that inasmuch as Alternate No. 1 involves moving equipment owned by the Federal Aviation Administration, they have been asked to agree to pay $12,884.25 of the total pro~ect cost. (For full text, see report as filed in the City Clerk's Office.) The City Manager submitted a supplemental report in connection with the above report, advising that the Federal Aviation A~nistration has electe~ to move their own transformer, and that probably a change order will be requested at a later date to give the city a credit in connection ther~wlth. (For full text, see report as filed in the City Clerk's Office.) The Airport Adviao~y Commiaslo~ sulmltted a trritten report recc~mending that Council concur in awarding the contract for the entire project at this time. (For full text, see report as filed in the City Clerk's Office.) Hr. Trout moved that the reports be received and filed. The motion was seconded by ~. Lisk and unanL~ously adopted. ~r. Thomas offered the following emergency Ordinance accepting the proposal of Floyd S. Pike Electrical Contractcr, Incorporated: (t22876) AR ORDINANCE accepting a certain proposal of Floyd S. Pike Electrical Contractor, Inc., for electrical ctrcuit~y renovation work at Roanoke Municipal Airport, Woodrum Field, upon certain te~ end conditions, authorizing the proper city officials to execute the requisite contract for such construction, rejecting all other proposals made to the city for the ~ork~ and providing for an emergency. (For full text of Ordinance, see ordinance Book No. Hr. Thomas ~oved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Tach, an, Thomas, Trout and Mayor Taylor .................................. ?. NAYS: None .......................... 0. Hr. Taubman moved that the City Attorney be instructed to prepare the proper ~easure appropriating the requested funds. The motion was seconded by Hr. Garlend and unanimously adopted. PARKS AND P~AYGROUNDS= The Roanoke Transportation Museum Committee s~lhmftted a written report reco~ending that a proposal of the Roanoke Chapter of the National Railway Historical Society concerning the loan of a 0-6-0 type stea/a locomotlve for display within the Huseum, be accepted, advising that the scheduled opening of the Museu~ is Saturday, May 29 at i p.m., and the Committee would like to see this outstanding display on the grounds as one of the opening attractions, that it appears under the terms set forth by the Historical Society as outlined in a con~unicatlon from them that restoration costs berne by the city would be very small and the historical significance of the locomotive would make this small cost worthwhile. (For full text, see report as filed in the City Clerk*s Office.} Hr. Lisk moved that Council concur in the reco~endatlon of the com~/tte~ The motion was seconded by Mr. Garland and ~nani~ously adopted. CELEBrATIONS-HUMAN RESOURCES Cfk~HITTEE: The Human Resources Committee su~mitted a written report in connection with a request Of the Roanoke Valley Bicentennial C~m~/ssion for funds in the a~ount of reaffirming its last year's reco~endation that Council should consider the request apart frc~ H~man Resources and forwarding the request for budget study or other appropriate action. (For full text, see report as filed in the City Clerk's Office.) ~32 Hr. Thomas moved that the report be received and £11ed and referred to 1976-?? budget study. The motion was seconded by H re Taubman and unanimously adopted. AIRPORT: The Airport Advlsor~ Com~sston submitted a written report in connection with the rec~s,mendation of a comm~ttes appointed to tabulate bids received for an access road, water line and sewer line to the new fixed base facility of Piedmont Aviation~ Incorporated, recolmuending that the proposal of H. T. Bowling, Incorporated, in the amount of $69,649.38, be accepted and that $3,000.00 be transferred to provide sufficient funds for the project. (For full text, see report as filed An the City Clerk's Office.) Hr. Trout moved that Council concur in the recommendation of the cc~mittee and the comm~ssion and offered the following emergency Ordinance transferring $3,000.00 from Overlay Taxlway to Repair and Construction under Section 1450, 'Capital Outlay From Revenue,' Of the 1975-76 budget= (t22877) AN ORDINANCE to amid and reordain Section %450, 'Capital Outlay Fr~ Bevenue,' of the 1975-76 Mu/licipal Airport Fund App=opriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Trout moved the adoption of the Ordinance. The motion was seconded by}ir. Liak and adopted by the following vot~: AYES: Messrs. Garland, Hubard, Llsk, Taubman, Thomas, Trout and ~ayor Taylor .................................... 7. NAYS= None ...........................0. Mr. Trout offered the followlng emergancy Ordinance accepting the proposal of H. T. Bowling, Incorporated: (%22878) AN ORDINANCE accepting the proposal of H. T. Bowling, Inc., of P~dford, Virginia, for the construction of an access road, a water line and a sanitary sewer line in connection with a proposed fixed base facility at Roanoke Munlcipal Airport, Weodr~mField, authorizing the proper City offi- cials to execute the requisite contract, rejecting certain other bids ~ade to the City~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Trout moved the adoption of the Ordinance. The motion was seconded by}tr. Liak and adopted by the following vote= Mayor Taylor .................................... 7. NAYS: None ............................ 0. UNFINIS~D BUSINESS= CITY EMPLOYEES-pERSONNEL: Council having requested that the Personnel Board sulanit a report relative to the proposed new grievance procedure, Mrs. B~ruice D. Cheatham, Chairman, Personnel Board, appeared before Council and presented the proposed cha~ges, advising that the decision of the Board is that the original grievance procedure be retained with certain refinements and clarifications. (For full text, sea report and grievance procedure as filed in the Cltlf Clerkla Office.) The City ~lanager advised that he had not had a chance to review the material as eul~ttted! therefore~ H~. Thomas moved that the proposed grievance procedure be referred to the City Haneger for review and co~nents to Councllo The motion was seconded by Hr. Ltsk and unanimously adopted. The Hayor them relinquished the Chair to the Vice-~layor in orde~ to make a motion por~alntng to the matter. The Mayor presented a co~nemicatton rec~emding that the city Attorney be instructed to prepare the appropriate documents for Council's action to amend the provision o£ the Roanoke City Code in Title II, Chapter Il, Section 5(b), so that any employea of the City of Roanoke may submit a grievance to the Personnel Board of tha City of Roanoke for a suspension for any period of time. (For full text, see communication as filed in the City Clerk's Office.) The Mayor then ~oved that the City Attorney be instructed to prepare the Proper measure as above stated. The motion was seconded bi' Hr. Trout and unanimously adopted. In this connection, the City Hanager subn~tted a written report explaining why Ordinance No. 21581 was put into effect, and recommending that Council allow the Personnel Board adequate time to prepare the new grievance procedure, to evaluate, discuss and coordinate it with various parties concerned, then return the completed document to Council with their recommendation. (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 Hr. Thomas and unanimously adopted. The City Attorney s~bmitted a written report relative to rules of procedure for grievances. (FOr full text, see report as filed in the City Clerk's Office.) Hr, Thomas moved that the report be received and filed. The ~otion was seconded by Hr. Taubman and unanimously adopted. Hr. Lisk moved that the Personnel Board be requested to review that portion of the City Code which delineates their duties and responsibilities to ascertain if those areas are being implemented and advise the Council if they have encountered any problems in the implementation thereof. The motion was seconded by Hr. Trout and ~nanimously adopted. BUSES-CITY EI~GINEER: Council having previously requested that the Transportation Study Committee su~mlt a report relative to the Public Works Service Center and future servicing of Valley Metro buses~ the matter was before the body. Hr. Gar/and, Chairman of the Cammtttee, advised that due to a heavy work schedule the Committee had not met and requested a further extension of time. 13,3 Hr. Thc~a ~oved t~at the ~tter Be deferred ~h~l ~e n~2 Ta~ and ~usly adopted. CONSID~TION OF C~ NO~. ~N~ODUCT~ON ~D CONS~D~T~ON OF O~I~C~ ~ ~O~TIONS~ SPECI~ PE~ITS-ST~S ~ ~YS$ Ord~ce No. 22852 ~tting ~ encroac~nt of not ~re ~ ~ree feet o~ a chain 15~ E~ce over into ~e sou~ r~ght of way on Co~ectlcut Avenue~ N. E. ~ for a disk,ce approx~tely 50 feet, said fence to ~ erected on ~e nor~ side of pro~rty ~aring Official T~ No. 304~0~ u~n certain te~ and conditions, having previously ~ before Co~cil for its f~rst reading~ read and adopted on its first reading and laid over, was again before ~e ~y, ~. Th~s offer- ing the following for iks second reading ~d final adoption= (~22852) ~ O~I~CE pe~tting ~ ~croac~t of not more th~ ~ee (3) [eet of a chain li~ fence over and into ~e sou~ right of way on Co~ecticut Avenue, N. E., for a dist~ce of approx~tely 50 said f~ce to be erected on the nor~ side of property ~aring Official NO. 3041~0~, upon certain te~ and conditions. (For full t~t of Ordinance~ see Ord[n~ce Book NO. ~. Th~as moved the adoption oE ~e Ordinate. The motion was seconded by ~. Lisk and adopted by ~e following vote= AYe: Hessrs. Garl~d, H~ard, Lisk, Ta~h~n~ Tho~s~ Trout and Mayor Taylor ................................. NAYS = No~e ........................ 0. S~ OF PROPER~-~GE ~OV~: Ordln~ce No. 22854 au~orlz[ng ~d provid~g ~or ~e donation and convey~ce by ~ City of Ro~oke to ~e United States of ~er[ca of 16.59 acres of l~d ~ Ro~oke Co~ty, Virginia, to be used for pu~ses of ~e Blue Ridge Par~ay; au~orlz~g execution of a deed of convey~ce of said l~d provided ~e Co~ty of Ro~oke and ~e To~ of V[nton indicate willingness to participate ~ allocat~g betwe~ ~e City of Ro~oke, ~e Co~ty of Ro~oke a~d ~e To~ of V$nton ~e va~ue of said l~d~ and repeallng Ord[n~ce No. 22718, adopted Februa~ 3, 19~6, providing for ~e City's sale and convey~ce to ~e United States of ~erlca of said 16.59 acre tract of l~d, hav~g previously be~ before Co~c~l for its [~rst reading, read and adopted on its first read~g ~d lald over, was aga~ before ~e b~y, ~. Tho~s offering ~e follow~g for its second reading f~nal adoption: (%22854) ~ O~I~CE au~orizing ~d providing for ~e d~ation ~d convey~ce by the C[ty of Ro~oke ~o the Un~ed States of ~erica 16.59 acres of l~d in ~oke Co~ty, Virg~la, to be used for pu~oses of ~e Blue ~dge Par~ay; au~orlz~g execution of a deed of convey~ce of said l~d provided ~e Co~ty of Ro~oke and ~e ~ of Vinton indicate wi11~gness to participate in all~ating between ~e City of Roanoke, ~e Co~ty of Ro~oke and ~e ~ of Vinton ~e value of said l~d; ~d repealing Ord~ce No. 22718, adopted F~ 3, 1976, providing for ~e uity~s sale and con- vey~ce to the United States of ~erica of said 16.59 acre tract o~ (For full text of Ordin~ce, see Ord~n~ce Book No. l~r, Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Llsk and adopted by the followL~g votes AYES~ Hessrs. Garland, Hubard, Llsk, Tau~m~n, ThOmas, Trout and Hayor Taylor ................................... NAYS~ None ..............................0. SEWERS AND STOPJ~ DRAZNS~ Ordinance No. 22856 amending and reordain- ing The code of the City of Roanoke, 1956, as amended, providing for reimbursement Of sewer 1Lne construction costs~ establish~ng new permit fees for sewer connec- tions, and providing for all effective date of Jone l, 1976, having previously been before Council for Its first reading, read and adopted on its first reading and laid over, was again beforo the body, Hr. Taubman offering the following for its second reading and final adoption= (t22856) AN O~DINANCE a~ending and reordaining Sec. 12. Extension of public sewers within cit~, of Chapter 7. of Title XVII. Streets~ Sidewalks and Sewers, of The Code of the City of Roanoke, 1956, as amended, providing for reh~bursem~nt of sewer line construction costs~ and Bec. 2. Amendments, of Chapter 3.1, Title XV. Construction~ Alteration, and Use of Land Buildings and Other Structures of said code, establishing new permit fees for sewer connections; and providing for an effective date of this Ordinance. {For full text Of Ordinance, see Ordinance Book NO. Hr. Ta-~n moved the adoption of the Ordinance. The motion was seconded by Mr..'~oma~ and adopted by the following vote= AYES= Messrs. Garlend, Hubard, Lisk, Taubma~, Thomas, Trout and Mayor Taylor ..................................... NAYS= None ............................. 0. PLANNZNG-S~[~LqZNG POOLS= Council having directed the City Attorney to prepare the proper measure suggesting to the city's contractor for construc- tion of the two new m~nlcipal sw~m~L~ng pools certain practices to be employed in employment of labor and subcontractors for construction of said swimming pools, he presented s~ne~ whereupon, Hr. Huba~d offered the following Resolution= (~22879) A RESOLUTION suggesti~g to the City's contractor for construction of two new municipal sw~*ng pools certainpractlces to be employed in employment of labor and subcontractors for construction of said municipal swim-lng pools. (For full text of R~solutlon, see Resol~tton Book No. Hr. Hubard~oved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following vote= AYES= Messrs. Garland, Hubard, Liek, Tatubman, Thomas, Trout and Hayor Taylor ................................ NAYS= None ........................ 136 SUBDIVISIONS-SIDEWALK, CUP~ANDGUTTER: Co~ulcllhavLug directed the City Attorney to prepare the proper measure granting a waiver to Valley Home Builders, Incorporated, fr~mcity subdivision regulations perta~ning to curb and g~tterand the installation of storm drainage l~nes ~naccordance with the plans of the owner withtheunderstand~ng that a thirty foot wide roadway will be provided by Valley Rome Builders ~n order for the city to qualify for state maintenance payments, the matter was before the body. Mr. Ta~n offered the following Resolution= (%22880) A RESOLUTION granting a special waiver of requirement of /nstallatton of curbs and gutters and a storm drain system in a subdivision heretofore proposed as Summit Hills, Section No, 5v situate in the northwest quadrant of the City between Lynchburg-Salem Turnpike and Melrose Avenuev N.W. Hr. Ta~hm~ moved the adoption of the Resolution. The motion was seconded by Hr. Lisk. The Asslsta~t City Manager ~ointed out that the Resolution as written does not provide that the storm drainage plans will be in accordance with plans of the owner and this should be specifically set out; whereupon, Hr. Thomas moved that the Mayor declare a five m~nute recess in order for the Assistant City Manager and City Attorney to work out the corrected language. After the reeess~ Hr. Lisk offered the following Resolution as a~ended: (~228S0) A RESOLUTION granting a special waiver Of requirement of installation Of c~rhs and gutters and providing for~dificatlon of the City's reguirement of a storm drain system in a s~bdivision heretofore proposed as S~m~it Bills, Section No. 5, situate in the northwest quadrant of the City between Lynchburg-Salem Turnpike and Melrose Avenue, N. W. (For full text of Resolution, see Resolution Book No. Mr. Lisk moved the adoption Of the Resolution as a~ended. The motion was seconded by Mr. ThOmas and adopted by the following vote: AYe: Messrs. Lisk, Tack, an, Thomas, Trout and Mayor Taylor .... 5. NAYS: Messrs. Garland and ~ubard ............................... REFUNDS ANDREBATE$-AUDITORIUM-COLISEUM: Hr. Trout offered the followin~ Resolution providing for the refund to the Roanoke Jaycees, Incorporated, of a certain portion of their deposit for ~he use of the Roanoke Civic Center for the Roanoke public (~2Z881] A RESOLUTION providin~ for the refund to the Roanoke Jaycees, Incorporated, of a certain portion of their deposit for the use of the Roanoke civic Center for the Roanoke Public For~. (For full text of Resolution, see Resolution Book Ne. Hr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. Thc~as and adopted by the following vote: AYESt Messrs. Garlandw H~bard~ Llak~ Ta-~-nw Thcmas~ Trout and Mayor Taylor ..............................................................?. NAYSs None ....................................................... 0. SUBDIVISIONS-ANNEXATION~ Council ~v~ng directed ~e Clty Atto~y to prepare ~e proof ~as~e accepting the pro.sa1 of Ad~ Construction Co~y for f~nishing and delivering all necessa~ l~r~ ~terlals and supplies to c~lete ~e physical l~rov~nts In Mead~lew Acres S~lvision~ Se=ti~s 1, 2 and 3, pursuit to ~e ~anoke Cowry ~d S~lvision Ordin~ce, for ~e s~ of ~40,38~.40, upon certa~ te~ and conditions, he presented s~e{ wh~reu~n, ~. Trout offered ~e following ~rg~ Ordin~ce: (%22882} ~O~I~CE acceptln9 a certain proposal for furnishing ~d delivering all necessa~ l~r, ~terlals an~ supplies to c~lete physical ~prov~ts in Meado~iew Acres S~lvislon~ Sections pursuant to ~e Roanoke Co~ty ~nd S~lvlsion Ordin~cel providing for pa~ent for s~e u~n certain te~ and conditionsl ~d providing for ~ergency. (For full text of Ordinance, see Ordln~ce ~k No. ~. Trout moved the adoption of the Ordin~ce. The motion was seconded bye. Th~s and adopted by ~e following vote= A~= Messrs. Garl~d~ H~ard, Lisk~ Ta~n, Tho~s, Trout and Mayor Taylor .................................. NAYS= None .......................... 0. P~L~C ~= Cocci1 having directed ~e City Atto~ey to prepare ~e proper measure ~ending Chapter 1. of Title X.I. H~n Se~ices of The Code of ~e city of Ro~oke, 1956, as ~ded, by repealing Section Adviso~ ~ard of P~lic Welfare and adding to Chapter i of Title X.I. Section 7.~, Adviso~ Board of H~ Se~ices~ responsibilities and duties, he pre- sented s~ whereupon, ~. Lisk moved that ~e roll.lng Ordln~ce be placed u~n its first read.g= (%22883} ~ O~N~CE ~ending Chapter 1. General Provisions., Title X.I. H~n Semites., of The C~e of the City of Ro~oke, 1956, ~ended, by repeallng section 7. Advisory ~ard of p~lic welfare., ~ereof, ~d by add~g to Chapter I of Title X.I., aforesaid, Sec. 7.1 Adviso~ of h~ se~ices; responsibilities ~d duties. (For full t~t of Ordln~ce, see Ordinance ~ok No. The motion was seconded by ~. Ta~ ~d adopted by the foll~g vo~e= A~S= Messrs. Garl~d, H~ard, Lisk, Ta~, Th~s~ Trout ~yor Taylor ............................... 7. ~YS= No~e ........................ 137' ALCOHOL.-~FIC= Council having directed ~he City AttOrney to prepare the proper measure expressing the CoUncil's support and approval for an operational Alcohol Safety Action PrOgram for the Fifth planning District area, he presented sa~e! whereupon~ }ir. Taulm~an offered the follow~ng Resolution: (~22884} A B~SOLUTION expressing the Coun¢ilSs support and approval for an operational Alcohol Safety Action Program for the Flfth Planning District area. (For full text of Resolution, see Resolution Book No. M~. Ta:.~m~- moved the adoption Of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Ta,,~nt Thomas, Trout and Ma~or Taylor ...................................... ?. NAYS= None .............................. 0. TAXES-AUDITORIUM-COLISEUm-SWIMMING POOLS: The following Ordinances were before the Council: AN ORDINARCE appropriating the present value of the Fallou Trust Fund, to-wit= $13,015.02, to be used with other funds for the purpose of constructing a municipal pool in Fallen Park; and providing for an e~ergency. AN ORDINANCE to amend and reordain Sec. 4. of Chapter 5.1. of Tit~e VI of The Code of the City of Roanoke, 1956, as amended, relating to the City's admissions tax and to report and re- mittance thereof by persons collecting such tax; and providing for an emergency. AN ORDINANCE to amend and reordatn Sec. 4, Chapter 9, of Title VIII, of The Code of the City of Roanoke, 1956, as amended, lating to the duties of the manager of the civic Center Depart- ment and to refttnd procedures and certain advance ticket sales receipts; and providing for an ~mergency. AN ORDINANCE amending and reordaining Chapter 9. Civic Center Department, of Title VIII. Public buildings and property., of The Code of the City of Roanoke, 1956, as a~ended, by adding a new section, to be numbered Sec. 4.2., providing for the esta- blishment of a petty cash fund to be maintained at the Roanok~ Civic Center; and providing for an emergency. In this connection, the Roanoke City Treasurer, appeared before Council and requested that action on the Ordinances be deferred until he has had an opportunity to review same and determine how they will affect the responsibilities of his office. Mr. Thomas moved that action On the above four Ordinances be deferred until the regular meeting of Council on Monday, Hay 3, 1976. The motiou was seconded by Mr. Trout and unanimously adopted. AIRPORT: Mr. Trout offered the following Resolntion expressing the Council's support for Airport Appreciation Days: (~22885} A RESOLUTION expressing the Council's support for Airport Appreciation Days. (For full text of Resolution, see Resolution Rook No. Mr. Trout moved the adoption of the Resolution. The motion was seconded by Mr. Lisk and adopted by the followlng vote: 139 Mayor Taylor ................................... 7. NA¥St None ........................... 0. The question of the appointment by Councilman Llsk of one ~m~er to a Steering Con~lttee to make certa~ reconunen~ations relating to the formation of a C~tizens Task Force for Crhne Prevention and Social Development~ was before the body. Hr. Llsk requested that he be allowed to make his appointment to the committee at the next regular ~aeet~ng of Council on Monday, May 3, 1976~ was seconded by Mr. Hubard a~d unanimously adopted. ad~jou~ned. ATTESTs City Clerk APPROVED Mayor 1'40~ COUNCIL, REGULAR ~fEETING, Monday, Moy 3, 1976. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Hunlcipal Building, City of Roanoke, on Monday, May 1976, at 2 p.m.~ the regular meeting hour, with Mayor Noel C. Taylor presiding. pRESENT: Councilmen Robert A. Garland, William S. Hubard (arrived late), David K. Lisk (arrived late], Nicholas F. Ta~,~n~ Bam~ton W. Thomas and Mayor Noel C. Taylor ...................................... ABSENT: Councilman James O. Trout ................... 1. OFFICERS PRESENT: Mr. Byron E. Haner, City Manager; Mr. Sam H. HcGhee, III, Assistant City Manager; Mr. James N. Klncanon, City Attorneyl Mr. James E. Buchholtz, Assistant City Attorney; Mr. John H. Mitchell, Assistant Director of Finance~ and Mrs. Mary F. Parker, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Clay [{. T~rncr, Rector, St. John's Episcopal Church. CELEBRATIONS-MISCELLANEOUS: The Mayor advised that he has proclaimed the week of May l0 through May 16, 1976, as SING OUT STA~t~ WEEK and urged that all citizens, Businesses, clubs, etc., contribute trading stamps to this worthy endeavor; aha £ur~lcr cuvised that he, along with the Chairman of the Botetourt County Board of Supervisors, the Mayor of the Tow~ of Buchanan, the Chairman of the Craig County Board of Supervisors, the Chair~a~l of the ~oanoke County Board of Supervisors, the Mayor of the City o£ Sale~ and the Mayor of the Town of Vlnton, has proclaimed Thursday, May 8, 1976, as WOPuLD ~ C~OSS DAY and urged all citizens to give of themselves to the service of their neighbors through the Red Cross. (For full text, see procla~nations as filed in the City Clerk's office.) HEARING OF CITIZENS UPON PUBLIC MATTEP~: pARKS AND PLAYGROUNDS: Pursuant to notice of advert~se~nent for bids for additions to the picnic shelter at Thrasher Park, said proposals to be received by the City Clerk until 2 p.m., Friday, April 30, 1976, and to be opened before Councll at 2 ~.m., Monday, May 3, 1976, the Mayor asked if anyone had any questions about the advertisement for bids and no representative present raislng any qucstlo~, the Mayor instructed the City Clerk to proceed with the openfng of the bids; whereupon, the city Clerk opened and read the following bids: Modern Remodelers, Incorporated - $ 16,780.00 Thor, Incorporated - 17,900.00 Hodges L~b~r corporatlon - 18,900.00 Mr. Thomas moved that the bids be referred to a co~ittee to be appointed by the Mayor for tabulation, report and recommendation to council. The motion was seconded by Mr. Tau}~n and adopted. The Mayor appointed Messrs. Sam H. HcGhce, III, Chair~an~ John A. Newson and Richard B. Turpin as me~bers of the comm/ttce. pARKS ~ID PIAYGROUNDS~ Pu~suallt to notice of advertisen~nt for bids for additions and improvements to East Gate Park~ said proposals to ~ received by ~e City Clerk ~til 2 p.m., F~lda/, April 30~ 1976~ ~d to ~ o~ned before Co~cil at l p.m.~ Honday, ~y 3, 19~6, ~e ~yor asked ii ~ione had any questions a~ut ~e advertis~t for bids and no repres~tive present raising any ~estion, the~yor lnst~cted ~e City Clerk to proceed wi~ ~e opening of the bids~ whereupon, the City Clerk opted and read ~e foll~lng bids~ ~e~ ~elers, Inco~rated $ 26,~00.~0 S. R. Draper Paving C~any - 2~595.00 Jo~ A. Hall and C~p~y, lnco~rated - 29,240.00 Hodges L~r Co~ration - 32,000.0~ ~. Th~s moved that ~e bids ~ referred to a c~lttee to ap~inted by ~e Mayor for tabulation, re~rt ~d rec~endation to The motion was seconded by ~. Tarn ~d adopted. The~yor ap~inted Messrs. S~. M~hee~ III~ Chai~, Jo~ A. Newson and Richard B. ~ln as m~rs of ~e co--tree. At this ~int, CoitiOn H~ard ~d Lisk entered the M~ICIp~ BUI~ING= Pursuant to notice of advertis~nt for bids for alterations to ~e Court House Buildlng, said pro~sals to be received by the City Clerk ~til 2 p.m., Friday, April 30~ 19~6, and to be opened before Co.oil at 2 p.m., Monday, May 3~ 19~6~ ~e ~ayor asked if anyone had any questions ~out the advertis~t for bids ~ no representative present raising any q~estion, the ~yor instructed ~e City Clerk to proceed wi~ the ogening of the bidsl whereu~n, the City Clerk opene~ ~d read ~e following bids: Acorn Cons~uction, Ltd. $ ~ode~ R~el~rs, Incorporated 14~865,00 Hodges L~r Co~oratlon Thor, lnco~orated 18,300,00 Willi~ E. Re.olds Cons~ction Co. ~r. Th~s moved that the bids b~ referred to a co. tree to be ap~ted by ~ ~ayor for t~ulation, re~rt and reco~endatlon to Co~cil. The motion was seconded by ~. Ta~ ~d adopted. The ~yor appointed Messrs. S~H, M~hee, III, Chai~ A. Hewitt and Tho~s F. Brady as me.ers of ~e co. tree. S~ETS ~ ~S: Pursuant to notice of adverti~t for bids for planing se~ts of city s~eets, Pl~ No. 5424-A, said pro~sals to be received by the city Clerk ~til 1:30 p.m., Monday, ~y 3, 1976, opened before Co~cil at 2 p.m., on ~at date, the ~yor asked if ~yone had ~y questions ~out ~e advertis~ent for bids and no repres~tative present raising any question, the ~yor ins~ucted ~e City Clerk to proceed wi~ opening of the bids~ whereu~n, ~e City Clerk advised ~at no bid2 had ~en received. ~. hisk mov~ ~at ~e ~tter~ referred back to the City M~ager for readvertis~t of bids at a later date. The~tion was seconded by~. Garland and adopted. 141 1'42 OPPORTUNITIES IHDUSTI~ALI~ATI'ON CEN~ER~ ~, ~OyCe ~ftgh~ V~nc~t ~tson, studenks at Op~t~ties Ind~Lal~zat[~ Center~ appea~ed before Co~c~l and read prepar~ s~t~ts ~ co~ec21on ~l~ sti~nd to students at OIC and e~ressed app~ec~at~ to Co~c~l for ~e rendered ~n r~vtng any defense ~c~[~ ~t ~y ~vo been ~ ~stence. (For full t~t, see c~cat~ons as f~le~ In ~e C~ty Clerk's Off~ce.) ~. Garl~d ~ved ~at ~e c~cat~ons be rece~ve~ and f~led w~th appreciation. ~e ~tlon was seconded by ~. H~ard ~d ~usly adopted. C~Xa~TIONS~ ~s. Helen Sc~hl~ ~ecutive D[rector~ ~oke Valley B[cent~ial Co~ss~on, appeared ~fore Co,oil ~d presented B~c~tenn~al p~ns and ~rship cards to the ~yor, M~ers of Co~c~l~ C~y ~nager Assistant City ~nager. ZONING= ~. Vernon H. ~ker appeared before Co~c~l and requested a reconsideration of the zoning designation of two parcels of l~d ~n the ~nexed corridor area front~g on ~ock Avenue, and advised ~t faille to ~e zoning b~=k as close as possible to what it was when ~e land was situate [n Roanoke cowry will cause ~rreparable d~ge ~d ~tr~ f~n~cial hardship on the ~er~ due to decrease ~n value and ~ncrease ~ (For full t~t, see co~icat~on as filed in ~e City Clerk's Office.) The Manager of City plying advised ~at ~e ~ro~erty was considered at great l~ng~ by ~e City Planing Co~ss~on, ~at to zone ~e co, arable to what ~t was in the Cowry wil~ constitute a ca~e of ~ot zoning ~d strongly reco~nded that Co~c~l r~ta[n ~e ~-2 classification. After a ~scuss[on of ~e r~uest, ~. H~ar~ ~oved that the ~tter he referred hack to ~e C~ty ~la~[ng Co~ss~on for f~er study, re~ort and reco~endation to Co~cil. The motion was ~econded by ~. Th~s ~d adopted. PETITIONS ~D BU~E~SCH~: A co~icat~on from ~e Roanoke C~ty Schoo[ ~ar~ requesting that $20,240.00 be appropriated to S~ction %18200, 'Libra~ Materials, Title IV, Part B, P. L. 93-380,' of ~e 19~5-76 budget, one h~dred per cent of ~ditures to be re~ursed by Title iV, P. L. 93-380 f~ds, was ~efore Co~c[l. (For ful~ t~t, see co~ication as filed [n ~e City Clerk's ~. Tho~s moved ~at Cocci1 co~c~ ~n ~e r~est and offered foll~g ~ergency Ordinate= (%22886} ~ O~I~CE to ~end ~d reordain Section S18200, 'Schools - Libra~ ~ter[als, Title ~, Part B, P. L. 93-280,' of ~e 19~5-76 Appropriation Ordinance, and providing for an ~rgen~. {For full t~t of Ord~ce, see Ord~ce ~ok No. ~. Tho~s moved ~e adoption of ~e ordin~ce. The motion was seconded by ~. Ta~ and adopte~ ~y ~e following 143 AYESs Messrs. Garland, Hubardt l~sk, Taut~a~t Thc~as~ and Mayor Taylor .......................................................6. NAYS~ None ........................................ 0. (Hr. Trout absent} BUDGET-SCHOO~S~ A con~unication frc~ the Roanoke City School Board requesting that $200.00 be appropriated to Postage ~mdsr Section 163000, 'Schools Special Research Project, Adult Basic Education,' of the 1975-76 budget, one hundred l~r cent tO be reimbursed by State Department of Education fLmds, was before Council. (For full text, see oo~nunication as filed in the City Clerk's Office.} M~. Tau~aan moved that Council concur in the request and offered the following emergency Ordinances (%22887) AN ORDINANCE to a~end and reordain Section t63200, 'Schools - Special Research Project, Adult Basic Education,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taut~a~ moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the followinq vote: AYES: Messrs. Garland, Hubard, Lisk, Tauh~an, ThOmas and Hayor Taylor .................................... 6. NAYS~ None ...................... 0. (Mr. Trout absent} ~EFUNDS AN~ R~BATE$~STADI~4: A co~munication from the Cosmopolitan Club of Roanoke reaffirming its support for the enlargement and improvement of the all*weather track at Victory Stadium, was before Council. (For full text, see co~unication as filed in the City Clerk's Office.) Mr. Tau~man moved that the co~ieation be received and filed. The motion was seconded by Mr. Thomas and adopted. Hr. Taubma~ then offered the followlng Resolution authorizing the Cosmopolitan Club of Roanoke to proceed with the constr~ctlon of a track facility at Victory Stadittm, upon certain ter~s and conditions: (%22888) A RESOLUTION authorizing the Cosmopolitan club of Roanoke to proceed with the construction of a track facility at Victory Stadium, upon certain terms and conditions. (For full text of Resolutlon, see Resolution Book No. Hr. Taut~nan moved the adoption of the Resolution. The motion was seconded by Hr. Thomas a~d adopted by the followlng vote= AYES: Messrs. Garland, Hubard~ Lisk, Ts,,~n, Thomas, and Mayor Taylor ................................. 6. NAYS: None ....................... 0. (Hr. Trout absent) PUBLIC WELFA_~E: A com~unicatlon from Ms. Gloria A. Dorma request- ing that the ~olicy regardin~ public assistance for persons who have been declared disabled be reviewed by the city in order to adopt a policy whereby a person who has worked all of his life is not throw~ into a financial situation in which he is ~naccustomed, was before Council. (For full text, see communication as filed in the City Clerk's Office.} I44 HFo Hubard ~oved that ~e communication be refer~ed to ~he City Manager and ~he ~vlso~ ~ard of H~ Se~lces fo~ s~udy~ ~e~ and ~e~da~lon ~o Co~cll ~d ~ ~he Clt~ Clerk advise Ns. ~ as ~o ~e da~e of ~e nee~g In order ~a~ she ~y provide input p~lo~ to ~e t~e ~e~rts a~e s~lt~ed to Co~cll. The wtion ~as seconded by ~. Llsk ~d adopPed. ~ter d~g ~e ~et~ ~der O~er Hear~gs oi cltizms, Hs. ~m appeared ~fore ~e b~ ~d advised ~at she vould like for Cocci1 to be aware o[ the d~izin~ ~licy con~ln~ in ~e city of ~oke ~lic ~sist~c~ Progr~, t~t she has ~ declared disabled ~d has approx~tely tw~ty quarters in her Social Security, ~at she receives $10~.00 per ~n~ from p~lic assis~nce and she has applied for Social Security which ~y ~ ~n ~e r~ge of $~50.00 per mon~, ~at when ~e Social Sec~ity pa~ents are received ~e $10~.00 will be discontinued which Is the poll~ of ~e p~lic a~sist~ce pr~r~ and she hop~s the City of ~anoke P~lic ~s~st~ce ~par~ent w~ll adopt a poli~ whereby a ~rson who has ~rked all of his l~fe can noilly $usta~ h~elf. ~. Garl~d ~oved ~at ~e City ~ager be instructed to request Hr. Harold G. Hardy~ Assisk~t to ~e City ~nager ~or C~ity Relations~ to meet wl~ Hs. ~ as s~n as possible to discuss her situatio~ in ~ e~fort to ascertain if any fur~er assistance can be rendered. The ~otion was seconded by ~. Hu~rd ~d adopted. ~ DEP~T-S~ ~D S~ D~INS: A co=~cat~on from Ms. Gloria A. ~ com~lainin9 of a heal~ hazard at Searst~ when ~t rains because of ~e high water level, was before Cocci1. (For full t~t, see co~ication as filed in ~e City Clerk's Office.} ~. ~o~s moved ~at ~e co~lcation be referred to the City ~ager for ~nvest~gation ~d re~rt to Co~c~. Th~ ~t~on was seconded by ~. H~ard ~d adopted. T~FIC: A co~icat~on from ~s. Bride H. Keller, Cierk~ Church ~ard, First Ch~ch of ~e Bre~ren, re~uesting ~at stop signs be installed on 20~ Street where it crosses Carroll Aven~e and on 21st Street where ~t crosses Carroll Avenue~ was before Cocci1. (For full t~t, see co~ication as filea in ~e City Clerk's Of~ce.) ~. Lisk moved ~at ~e co~ication be referred to ~e City M~ager for investigation and report to Cocci1. The ~klon was seconded by ~. ~s and adopted. ~TION-S~ ~ S~ D~INS: ~. Willi~ T. Ross appeared before Cocci1 and presented a co=~ication stating ~at Co~cll should eider re~urse a~ed citizens for the di~fer~ce between ~e rates charged o~er residers an~ those charged by ~e ~oke Co~ty P~i~c se~ice Au~or~ty for water and sewerage se~ice, or bill a~ed patrons dlrectly at ~e rates charged o~er patrons and settle ~e difference directly wi~ ~e Au~ority, ~d requested relief as of J~ua~ 1, 19~6. (For full tezt~ see co~unicatlon aa filed ~n ~he City Clerk's Office.) A cc~unicatlon fro~r. Charles R. H~tchell ~eq~est~n~ ~at Co~c~ d~ec~ ~e Clt~ ~ater Depa~nt to accept and hold se~er t~ pa~ents tendered 12 b~ ~e =se~er serfs= ~der ~vol~ se~ltude to ~e ~oke Co~t~ P~lic Se~lce Autho~lt~ pending ~inal ou~c~ of litl~atlon of ~e Auto,ira's ~ded sewer t~ cla~ against ~, ~d direct ~e appropriate officials of ~e City Water ~d Se~r Depar~ents to ass~ operation and a~nlstration of . No~o~ S~lvision~a sewer syst~begl~ing wl~ ~e n~t billing Cycle~ was before Cocci1. (For full t~t, see c~lcation as flied In the City Cl~rk~s Office.) A c~lcatio~ from Dr. a. Carl Poindexter in connection wi~ sewer t~es levied by ~e Authority on the 'sewer serfs', pro, sing that the City Water Depar~ent t~e and hold pa~ent~ of ~ sewer t~ p~ding ~e outcome of litigation against ~e Au~ority~s cla~ against ~, and ~at the city take over ogeration and a~nistration of ~he sewer servl=e of the 'sewer serfs' who derive their service via the No~d S~ivision syst~, was also before Co~cll. (For full text, see c~ication as filed in ~e City Clerk's Office.} ~. Luci~ Y. Grove appeared before Co~cil and presented a co~lcatioi rec~ending t~t ~e foll~ing ~ =tepa be t~hy ~a city: ~at the City of Ro~oke press fo~ard pr~tly wi~ the suit in federal co~t as a friend of ~e co~t, and that ~is legal proceeding ~ brought to a satis- iacto~ conclusion as quickly as possible. 2. That the City of Roanoke seriously consider accepting ~ewage and water pa~ents which noilly would ~o to the P~lic Se~ice Au~ority into an escrow accost for the p~ose of wi~olding ~ese f~ds from ~ P~lic Se~ice Au~ority ~til a satisfacto~ negotia- tion for purchase o[ ~e l~es and/or legal proceedings c~ b~ satisfactorily concluded. 3. Failing No. 2, I strongly reco~end ~e City of Roanoke ~e up the difference on sewage and water pa~ents bet- ween ~e city fees ~d ~e Se~ic~ Au~ority fees[ At the va~ least, this would, in s~e part, clear u9 the tax inequity to the newest a~d desexing ~ed citi- zens of ~e City of Roanoke.~ The City Attorney s~tted a written report advising that he is requestin~ a Judge of the United States District Co~t for ~e Western Dis~ict of Virginia to convene atto~eys for ~e parties involved in ~e case of W~s, et als. v. Roanoke Co~ty P~lic Se~ice A~ority~ et als - Civil Action 73-135, for ~ pu~ose of defining ~e issues ~d d~te~ning ~e ~resent position of ~e parties in the case and of scheduling proceedings to of the case on the Court's d~ket. (For full text, see regort as filed in ~e City Clerk's After a discussion wi~ ~e city Attorney as to wh~ he, along ~e Director of Fin~ce, plus to s~t a report to Co~cil relative to previous inst~ctions as to steps ~at ~y be t~en to set u9 ~ escrow accost to hold ~a~ents of ~e 'sewer serfs' pending flnal outcome of certain pending negotia- tions ~d/or litigation, ~e City Attorney advised ~at he has ~en in confer~ce 145 146 wib5 the Director of Finance on the ~atter, that to date they have not a report because they have not been able to make any t~pe of dete~mination and stated that there ere certain legal matters that should be taken into consider~ and he would prefer to discuss those matters with Council in F~ecutive Session. ~L~. Thomas moved that the ~atter be taken under consideration and that Council wet in F~xecutive Session at the end of the Council ~etlng to discuss a legal question ~ertalning to a contractual agreement. The motion was seconded by ~[~. Ta~ and adopted by the following vote: AYES: Hessrs. Garland, H~bard, Llsk, Ta~h~, Thomas and Mayor Taylor ......................................... 6. NAYS: None ........................... 0. (Hr. Trout absent) Mr. Thomas moved that the communications from Mr. Mitchell and Dr. Poind~xter and the report of the City Attorney be taken under consideration in connection with the Executive Session since they are related. The motion was seconded by Hr. ~isk and adopted by the following vote= AYES: Messrs. Garland, Hubard, Llsk, Ta-~an, Thomas and Mayor Taylor ..................................... 6. NAYS= None ....................... 0. (P~r. Trout absent) (For further action on this matter, see page 161.) REPORTS OF OFFICE~S: ~UDGET-ANNEXATION= The City Manager submitted a writte~ report request- ing that $4,$00.00 be transferred from Overtime to Supplies and Materials under Section ~748, 'F~gineerlng and Building Inspection,' of the 19~5-76 budget, necessitated by the increased costs in pre~aring ~aps for the annexed area. (For full text, see report as filed in the City Clerk's Office.) Hr. Lisk moved that Council concur ~n the report and offered the following emergency Ordinance: (~22889) AN O~DINANCE to amend and reordaln Section ~748, 'Engineer- ing and Euilding Inspection,' of the 1975-76 Appropriation Ordinance, and provid- ing for an emergency. (For full text of Ordinance~ see Ordinance Book No. Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopt=d by the following vot~: AYES: Messrs. Garland, Hubard, Lisk, Ta~n, Thomas, end Mayor Taylor ..................................... 6. NAYS: None ......................0. (Hr. Trout abs~t) BUDGET-WATER DEPARTMENT: Th~ City Manager submitted a wrltte~t report advising that interfu~d service account 320-2?5, p~blie Works Services, for the Water Department had the a~ount of $342,629.00 budgeted for fiscal year 1975-76, that this account pays for the ~aintennnce and upkeep on the water system as work ia performed for the Water Department by other depart~ents~ that r~maining funds are insufficient for the r~mflinlng budget year, ~-hat there is an excess of funds in Water Department account 450-7?9, Plant Replace~nsnt Estimates and reguesting that $65,000.00 be transferred from Water Department account 450-779 to ion Water Department account 320-275! that also Water Depart~ent account 450-766~ New Services~ Hydrants and Water Lines, had the amount of $312~000.00 budgeted for fiscal year 1975-76, that w~th the recent purchase of the Statesman Park Water Company and the payment for the constr~ctlon of the water line along Old Mountain Road, this account has a remaining balance as of March 31, 1976, of $45,960.10, that although Council has received no official notice, he Is /nformed that the City of Salem has accepted the offer of $40,000.00 for the water lines that the city owns inside the corporate limits Of the City of Roanoke, that with the purchase Of the Vlnton water system inside the city for $12,000.00 and the Salem Water system inside the c~ty for $40,000.00 and the need to tx~ediately construct n wator line estimated at $25,000.00 to tiein the majority of the lines purchased from the City of Salem to the city's water system, the present balance in the 450-?66 account is insufficient, that funds are available in Water Department Acco%mt 450-779 Plant Replace_ment Estimate and requesting that $50,000.00 be transferred from Account 450~779 to Account 450-766. (For ful! text, see re~ort as filed in the City Clerk's Office.} The City Manager advised that since the above report was written he has received a conuuunication from the City of Salem accepting the offer of the city Of $40,000.00 for the water lines the city owns inside the corporate limits of the city of Roanoke. Hr. Thomas moved that Council concur in the report and offered the following emergency Ordinance transferring $50,000.00 from Plant Replacement Est/2nates to New Services, Hydrants and Water Lines khnder Section t450, "Water Capltal O~tlay fr~ Revenue," and transferring $65,000.00 from Plant Replacement Estimates under Section %450, "Water Capital Outlay from Revenue,' to Public Works Services under Section %320, "Water General Expense," of the 1975-76 budget: (%22890) AN ORDINANCE to amend and reordain Section %450, "Water Capital O~tlay From Revenue," and Section %320, 'Water General Expense," of the 1975-76 Water Fund Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book NO. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by P~r. Hubard and adopted by the fo11owlng vote: AYES: Messrs. Garland, Hubard, Lisk, Ta,,hm~n, Thomas and Mayor Taylor ...................................... 6. NAYS: None ........................ 0. (Mr. Trout absent) SCHOOLS-CITY PROPERTY: The City Manager stt~mitted a written report conctlrrtng in the report of a committee recommending that the alternate bid of Branch and Associates, Incorporated, in the amount of $17,499.00, for razing and removing the West End Elementary School located at 922 Can~pbell Avenue, $. W., be accepted, and that an additional $2,499.00 be appropriated to permit this work. :1.47 (For full text, see repogt as filed in the City Clerk's Office.) Hr. ~.isk moved that Council concu~ ~n the report and offered the following e~ergency Ordinance app;op;lating $2,499.00 to West End School Razing and DemOlition under Section [$89, 'l~ansfegs to Capital /mpgove- merits Fund,' of the 1975-76 budget: to Capital Improvements Fund,' of the 1975-76 Appropriation Ordinance, and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book HO. ~L~. Lisk moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES-. Hessrs. Garland, Hubard, Liskw Ta-~n, Thomas and Hayor Taylor ...................................... 6. NAYS.- None ....................... 0. (Hr. Trout absent) Hr. Lisk offered the following emergency Ordinance accepting the proposal of Branch and Associates, Incorporated: (t22892) AR O~DINANCE accepting a certain bid and awarding a certain contract for demolltion of a certain building on City owned property located at 922 Campbell Avenue, S. W., upon certain terms and conditions; rejecting other (For full text of Ordinance, see Ordinance Book No. Hr. Lisk moved the adoption of ~he Ordinance. The motion was seconded by Hr. Hubard and adopted by the £ollowlng vote: AYES: Messrs. Garland, Hubard, Lisk, Taubman~ Thomas and Ha¥or Taylor .................................... 6. NAYS: None ...................... 0. (Hr. Trout absent) FIRE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: The City Hanager submitted a written report reconm~nding that a Resolution of appreciation be sent to the Stewartsville Volunteer Fire Department, the To%m of Vinton Volunteer Fire Department and the State Forestry Service for their efforts in connection with fighting a recent fire on city-owned property in the Beaver Dam Reservoir area of Bedford County. {For full text, see report as filed in the City Clerk*s Office,) Hr. Lisk moved that Council concur in the report and offered the following Resolution: (~22893} A RESOLUTION express£n~ the City's appreciation to the Volun- teer Fire Departments of the Towns of Vinton and Stewartsville and the State Forestry Service for services rendered in extinguishing a fire on City property in Bedford County. (For full text of Resolution~ see Resolution Book No. Hr. Lisk moved the adoption of the Resolution. The motion was seconded by Hr. Hubard and adopted by the following vote: AYESt MesSrs. Garland~ Hubard~ L~sk~ ~&-~,~ Thanes and Hayor Taylor ....................................... 6. ~YS~ ~one ......................... O. (~. T~ou~ CI~ ~YEES-P~O~t The City Attorney s~tted a ~ltten re~=t tr~s~tting an Ord~ce ~nd~ng ~e C~ty Code ~n reference to grlev~ce pr~edure, r~ving ~e thirty day provision wi~ respect to action ~nvolvlng a sus~s~on, ~d advising of o~er ~nts which should be ~de due to c~ges ~ ~e S~te law, c~nges ~n ~e org~zat~onal set-up of the city and peri.it ~ts of one section w~out c~arable of o~er sections of ~e s~ chapter or of ~e Perso~el Rules. {For full text, see re~rt as filed ~n ~e City Clerk's Off~ce.) After a discussion of ~e ~tter, ~. Llsk offered ~e fo11~g ~ergency (~22894] ~ O~[~CE ~nd~ng ~ reordering s~sect~on 5, C~pter 13, Title II~ of The Code of ~e City of Ro~oke~ 1956~ relating to the respons~bilities ~d duties of ~e Perso~ ~ard~ and provid- ing ~or an ~ergency. (For full t~t of Ordin~ce, see Ordinance Book ~. Lisk moved ~e adoption of the Ordinance. The motion was second~ by ~. Garl~d and adopted by ~e fo~l~[ng vote: A~= Hessrs. Garl~d~ H~ard, L[sk~ Ta,~n~ Tho~s and~yor Taylor ...................................... 6. ~YS: None ........................0. [~. Trout BU~ET-~E S~NG= The D~rector of F~nance s~itted a ~itten report tr~s~tting two Ord~n~ces to properly reflect ~e f~rst quarterly receipt of Federal Rev~ue Sharing. ~. L~sk offered ~e following ~erg~cy Ord~ce decreas~g Salaries and Wages ~der Section %269~ 'Refuse Collection,' by decreasing Salaries an~ Wages ~der Section ~345~ 'Police Depar~ent~' by $92,94~.~0~ and decreas~g Salaries and Wages ~der Section Depar~t,~ by ($22895) ~ O~I~CE to ~end ~d reorda~ certain sections of ~e 1975-76 Appropriation Ordln~ce, and providin~ for ~ ~ergency. (For full text of Ordin~ce, see Ord~ce ~ok No. Hr. L~sk moved the adoption of ~e Ord~ce. The motion was seconded by ~. ~s ~d adopted by ~e roll.lng vote: AYe= Messrs. Garl~d, H~ard, Lisk, Ta~, Th~s and ~yor Taylor ..................................... 6. NAYS= None ......................0. [~. Trout abs~t) ~. Lisk offered ~e following ~ergen~ Ord~ce ~ncreas~ng Salaries and Wages ~der Section ~269~ '~fuse Collection,' by increasing Salaries and Wages ~der SectiOn $345, 'Po[~c~ Depar~t,' by 149 150 $92~949,90! increasing Salaries an~ Wages unde~ Section J347~ 'Fire Depar~nent~' by $105~171,73l and decreasing Revenue Sharing TTUSb Fund by $235,892,91: (J22896) AH ORDIHAHCE bo anend and reordein certain sections of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordlnance~ see Ordinance ~ook No. Hr. Llskmoved the adoption of the Ordinance. The motion was seconded by Hr. Thc~as and adopted by the following vote: AYES: Hessre. Garland, Hubard~ Lisk~ ~auksnan~ ~ho~a8 and Hayer ?aylor .................................... 6. NAYS: None ...................... 0. (Mr. Trout absent) P. EPOR~S OF AUDIT CO~{HI~EE: /ir. Nubard, Chairman of the Audit Committee, presented the minutes of the Audit Committee meeting held on Wednesday, April 21, 1976. (For full text, see minutes as filed in the city Clerk's office.) Hr. Hubard moved that the minutes be received and filed. The motion was seconded by Mr. Taubman and adopted. UNFINISHED BUSINBSS: REGIO~/AL JAIL: Council having previously referred the schematic drawings for the new jail and court facilities to the city of Roanoke Jail Study comittee for review and report to Council on Honday, Hay 3, 1976, the matter was before the body. Hr. Nubard, Chairman of the City of Roanoke Jail Study Committee, submitted the minutes of the meeting held on Friday, April 23, 1976. (For full text, see minutes ss filed in the City clerk's office.) Hr. Hubard verbally advised that the schematic plans were reviewed in detail and it was determined that ell of the programs recommended to Council and approved by Council are included in the building plans, that the court facility was reviewed in detail and the committee will keep in touch with the State Corrections National Clearing Rouse and it appears the city is meeting the various federal and state requirements as it proceeds on the matter. Hr. Hubard mede reference to the fact that one of the most important matters discussed was the question of staffing of the new jail and noted that staffing will increase from 29 to 60. The Sheriff appeared before Council and stated that double amount of staffing will be needed and the proper procedure to follow is to request the State Department of Corrections to ¢onduot a survey and determine the actual number of personnel which will be needed. Mr. Hubard moved that the Sheriff be encouraged to seek an opinion from the State Department of Corrections as to persormel requirements for operation of the new jell with the request that this information be presented to the Council upon receipt. The motion was seconded by Hr. Ta,~hm~n and adopted. Mro Subard £u~ther moved that the minutes be received and filed. The motion was seconded by ~Lro Ta~ and adopted. BUSES= Council h~ving previously requested a report fro~ the Transportation Study Comm/ttee relative to the Public Works Service Center and future servicing of Valley Metro buses, the matter was before the body. Mr. Oerland, Chairman of the Transportation Study Committee, advised that due to a heavy work schedule~ he had not been able to call a meeting of the Committee and requested that Council allow him two weeks in order for the Committee to meet and sul~lt a report. Mr. Hubard moved that Council concur in the request of Councilman Garland and that action on the matter be deferred until the regular meeting of Cottncil on Monday, ~tay 17, 1976. The motion was seconded by Mr. hisk and adopted. ITEMS RE~ERRED BUT STILL PENDING= The City Clerk presented a list of items referred but still pending from August 18, 1975, to April 26, 1976. (For full text, see list as filed in the City'Clerk~s Office.) Mr. Hubard ~oved that the list be received and filed. The motion was seconded by Mr. Lisk and adopted. CONSIDERATION OF CLAI]~= NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND I~ESOLUTION5= ZONING= Ordinance No. 22859 rezoning property located at the corner of Hawthorne Road and Willlamson Road, N. W., described as ~ots I and 2, Block 9, Airlee Court, Official Tax Nos. 2190401 and 2190402, fro~C-1, Office and Institutional District, and RS-3, Single-Family Reeldential District, to C-2, General Commercial District, having prevlously been before Council for its first reading, read and adopted on its first reading a_nd laid over, was again before the body, Mr. Thomas offering the followlng for its second reading and final adoption= (%22859) AN ORDINANCE to e~uend Title XV, Chapter 4.1, Section 2, Of The Code of the City of Roanoke, 1956, as a~ended, and Sheet No. 219, Sec- tional 1966 Zone ~ap, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the followlng vote= AYES= Messrs. Garland, Hubard, Lick, Taubmztn, Thomas and Mayor Taylor ..................................... 6. NAYS= None ....................... 0. (Mr. Trout absent) ZONING-ARNFtiATION= Ordinance No. 22860 ~mending Section 2, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, as amended, providing for zoning classifications for an area in the southwestern quadrant of the city, which area was annexed by the City of Roanoke as of ~Ltdnight, December 31, 1975, and incorporat~/lg said area into the Official 1966 Zoning Map of the City of Roanoke, includlng South Roanoke Apart~uents, ToW~side Apartments and 15:1. 1.52 K-Hart, having previously been before council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Thc~ae offering the following for its second reading and final adoptiont ([22860) AN ORDINANCE amending Section 2, of Chapter 4.1, o£ Title XV, of The Code of the City of Roanoke, 1956, as amended, providing for zoning classifications for an area in the southwestern quadrant Of the City, which area was annexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area into the Official 1966 Zoning Hap of the City of Roanoke. (For full text of Ordinance, see Ordinance Rook No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following votei AYES= Messrs. Garland, Hubard, Llsk, Ta-~-~n, Thomas and Mayor Taylor ........................................ 6. NAYS: None ........................ 0. (Hr. Trout absent) ZONING-ANNEXATION: Ordinance No. 22861 amending Section 2, Chapter 4.1, Title XV, of The Code of the city of Roanoke, 1956, as amended, providing for zoning classifications for an area in the northwestern quadrant of the city, which area was aanexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area into the Official 1966 Zoning Hap of the City of Roanoke, including Arrow Wood Country club, Da~sbury Acres, Fairhope, Hershberge~ Hills, He~llock Hills, Cove Raven, Glendale, North NorWood, Norwood Forest, Monticello, Norwood and Honte Vista S~bdivislons, having previously been before Council for its first reading, read and adopted on its first read- ing and laid over, was again before the body. In this connection, a communication from}ir. Leon Thacker requesting a change in the zoning designation of property fronting on Cove Road, N. located approximately 675 feet southeast of the intersection of Cove Road and Barrington Drive, shown on City Tax Appraisal Map 644 and measuring 75 feet by 300 feet, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Mr. Taubman moved that the con~ntmication be referred to the City Plannlng Commission for study, report and reco~e~datlon to Council. The motion was seconded by Hr. Garland and adopted. Hr. Thomas then offered Ordinance No. 22861 for its second reading and final adoption: {%22861) AN ORDINANCE aunending Section 2, of Chapter 4.1, of Title XV, of The Code of the City of Roanoke, 1955, as a~ended, providing for zoning classifications for an area in the northwestern quadrant of the City, which area was annexed by the City of Roanoke as of midnight, December 31, 1975, and incorporating said area into the Official 1966 Zoning Map of the City of Roanoke. (For full text of Ordinance, see Ordinance Book NO. P~o ~h~mas moved the adoption of the Ordinance. Tho motion was seconded by H~o Llsk and adopted by the following AYES~ Hessre. Ga~land~ H~bardw Llsk, Ta-~ Th~s~ and~yor Taylor ...................................... 6. ~YS~ Hone ........................0. (~. Trout absent) ZONING-~T~ON~ Ordinate NO. 22862 ~ding Section 2~ Cha~ter 4.1~ T~tle ~ of The C~e of the C~ty o~ R~noke~ 1956~ as ~nded~ providing for zoning classifications for an area In ~e sou~western ~d $ou~easte~ quadrants of the Clty~ which area was a~exed by ~e City of Roanoke as of mi~ight~ DecOr 31, 19~5, and inco~rating said area into ~e O[ficial 1966 Zon~g Hap of the C~ty of Roanoke, including Ches~ut Rldge~ Hockydale Quar~ and Southern Hills 5~lvisions, having previously ~en before Co.oil for its first reading, read and adopted on ~ts first reading ~d laid over~ was again before ~e ~y, ~. Th~s offering ~e foll~ing for its second reading and final adoption: (%22862) ~ O~I~CE ~ending Section 2, Chapter of ~e C~e of the C~ty of Ro~oke, 1956, as ~ended~ providing for zoning classlf~cations for an area ~n ~e southwestern and southeastern quadrants of the city, which area was a~ed by the City o~ Ro~oku as of m~ght, Dec~er 31, 1975, and ~ncor~rat~ng said area ~nto the Official 1966 Zoning Map of the City of Ro~oke. (Eot full text of Ordinance, see Ordinance ~k ~. Th~s moved ~e adoption of the Ordinance. The motion was seconded by ~. H~ard and adopted by ~e following vote= AYe= Messrs. Garland, H~ard, Lisk, Ta~, Th~s and Mayor Taylor ................ = ..................... 6. HAYS= Hone ........................ 0. (~. Trout absent) ZONING-~TION= Ordinance NO. 22863 ~end~ng Section 2, Chapter 4.1~ Title ~ of ~e C~e of ~e City of Roanoke, 1956~ as ~nded, provld~ng for zoning classifications for ~ area in ~e northeastern quadr~t of the City, which area was a~exed by ~e City of Roanoke as of ~ight, Dec.er 31, 1975, ~d inco~orating sa~d area ~to the Off,cia1 ~966 Zonlng~p of ~e City of Ro~oke, ~nclud~ng Old Monterey ~lf Course~ Blue Hilms Golf Co~se, Ashy, Fr~klln Court, Clifton Heights, ~ ~ll~e, Brattonla~ and Idlewild Park S~ivisions, having previously been before Co~cil for its first read.g, read and adopted on ~ts f~rst reading ~d la~d over, was again before ~e b~y. ~n ~is co~ect~on, ~. ~obert E. Haw~o~e~ Attorney~ represen~g ~. Claude Ne~, et ~., appeared before Cocci1 relative to ~e second reading of ~e a~ve Ordinance and requested ~at progerty located at the ~ntersection of Old Ho~ Road ~d Collie Street be zoned C-2, General C~ercial Distr~ct, ~nstead of ~, Duplex Residentlal Distr~ct, as proposed by the City plying Co~ss~on, or ~at au~orizat~on be giv~ for a special use pe~it ~n order for a groce~ store to be operated at ~at location. 153' "1'54 ~. Hubard moved that ~he request be reEerred to t~e C~ty planning Commission ~or 8tudy~ xe~ ~d ~ec~uda~on to Co~c~l. ~e ~t~on was second~ by ~. ~s ~d adopted. ~. H~rd ~en offered OrdLn~ce Ho. 22863 fo~ its second ~ead~g and final adopt~onz (J22863) ~ O~I~CE ~nding Section 2~ of ~apte~ 4,1~ of Title ~ of ~e'C~e of ~e City of Ro~oke~ 1956, as ~ded, p~ovldin9 for zoning classifications for ~ area In ~e not,eastern q~t of ~e Clty~ which area was a~ by ~e City of ~oke as of~ght, DecOr 31, 1975~ an~ ~ncor~rating sa~d ar~a ~nto ~e Off,cia1 1966 Zoning ~p of ~e City of Roanoke. (For full t~t of Ord~n~ce~ see Or,in,ce ~k No. ~. H~rd~ved ~e adoption of ~ Or~ce. The ~tion was seconde~ by ~. Ta~ and adopt~ by ~e following vote: AYe= Messrs. GarliC, H~rd, L~sk, Ta~, Tho~s~ and~or Taylor .................................... 6. NAYS: None ...................... 0. (~. Trout absent) ZONING-~TION: Ordinance No. 22864 ~nding S~ct~on 2, Chapter 4.1~ Title ~, of The C~e of ~e City of Roanoke, 1956, as ~ed, providing for zoning classifications for ~ ar~a in ~e nor~w~stern quadr~t of the City~ which area was a~e~ by ~e City of Roanok~ as of ~ight~ Dec--er 31, ~97~, and ~nco~orat~ng sa~d ar~a ~nto the O~fic~al 1966 Zon~ng~p of the City of Ro~ok~ ~ncluding ~e airart ar~a, having previously been before Co~cil for ~ts f~rst rea~ing, read ~ adopted on ~ts f~rst read~g and la~d over~ was again before ~e b~y, ~. Ta~ offering ~e fo11~ng for its second reading an~ f~nal adoption= (~22864) ~ O~I~CE ~end~ng Section 2~ of Chapter 4.1, of Title XV, of The Code of ~e City of Ro~oke, 19~6, as ~ended, provld~g for zoning classifications for ~ area ~ ~e nor~w~stern quartet of ~e City, which area was ann~ed by ~e City of Ro~oke as of ~ight, DecOr 31, 1975, an~ inco~rating sa~d area into ~e Official 1966 Zoning ~p of ~e City of ~anoke. (For full t~t of Or~in~c~, see Or~ce ~ok No. ~. Ta~ move~ the adoption of ~e Ordnance. The motion was seconded by ~. Lisk and adopted by ~e roll,lng vote: AYe= Hessrs. Garland, H~ar~, L~sk~ Ta~, Tho~s ~yor Taylor ...................................... 6. NAYS: None ........................ 0. (~. ~out ~s~t) ZONING-~TION= Ordln~ce No. 22865 ~d~ng Section 2~ Chapter 4.1, Tit~e ~, of Th~ C~e of ~e City of ~oke, 1956, as ~ded, prov~d~g for zoning c~assifications for ~ area ~n ~ sou~western quadr~t of ~e City, which area was a~exed by ~e City of Ro~oke as of~ght, Decker 31, 1975, ~d incor~rating said area ~to ~e O~fic~al ~966 Zoning ~p of ~e City of Roanoke, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, ~r, Thc~as offering the following for its second reading and final adoptions (t22865) AH ORDIHANcE amending Section 2~ of Chapter 4.1~ of Title XV, of The Code of tho City of Roanoke, 1956, as amended, providing for zoning classifications for an area in the southwestern quadrant of the City, which area was annexed by the City of Roanoke aa of midnight, December 31, 19?S, and incorporating said area into the Official 1966 ZoningMap of the City Of Roanoke. (For full text of Ordinance, see Ordinance Book NO. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Ta-~,an and adopted by the following vote= AYES: Messrs. Garland, Hubard~ Lisk, Taubman, Thomas and Mayor Taylor ...................................... 6. NAYS~ None ........................ 0. (Hr. Trout absent) ZONING-CO~PLAINTSs Ordinance No. 22866 amending Chapter 4ol, Title XV, of The Code of the City of Roanoke, 1956, as amended, by adding a new section to be numbered 33.2 end entitled Inoperative Motor Vehicles, regulating the parking or storage of inoperative motor vehicles, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Thomas offering the followlng for its second reading and final adoption: (~22866) AH O~I~_~ICE ~ending Chapter 4.1, of Title .XVof The Code of the City of Roanoke, 1956, as amended, by adding a new section to be numbered 33.2 and entitled Inoperative Motor Vehicles, regulating the parking and storage of inoperative motor vehlclea. (For full text of Ordinallce,-see Ordinance Book NO. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following vote: AYES: Messrs. Garland, Hubardw Lisk, Taubman, Thomas and Playor Taylor ....................................... 6. NAYS: None ........................0. (Hr. Trout absent) STREETS AND ALLEYSs Ordinance No. 2286? providing for the ~xtnnaion of the curb and sidewalk on the southwestern corner of the intersection of Church Avenue, S. W., and 2nd Street~ S. W., into the southerly right of way of Church Avenue, S. W., having previously bee~ before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Liak offering the following for its second reading and final adoption: (~22867) AN ORDINANCE providing for the ~xtension of the curb and sidewalk on the southwestern corner of the intersection of Church Avenue, S. W., and 2nd Street, S. W~, into the southerly right of way of Church Avenue, S. W. (For full text of Ordinance, see Ordinance Book No. 155 156, l~. ~lsk moved the adoption of the Oral.anco. seconded by H~. Nubard and adopted by ~e roll.lng vo~ AY~ Messrs. Garl~d, H~rd~ L~sk, Ta"~n~ Th~s ~d ~yor Taylor ...................................... 6. NAYS= None ........................ 0. ~. ~out absent) ST~TS ~ ~YS= Ordnance No. 22868 ~tly vacat~ng~ d~scon- t~nu~ng ~d closing a certain street ~n Sect~ 3, of Hill Mo~ln Estates ~ as Judl~ ~ne~ S. E., as sh~ on a plat dra~ Ass~[ates~ dated Janua~ 9~ 1976~ shying ~e vacation of Judl~ ~ S. E.~ hav~ng previously been ~fore Co~c~l for its f~rst reading, read and adopted on its first reading and laid over~ was again~fore ~e b~y~ ~. Ta~ offering the following for its second reading ~d f~al adoption= (%22868) ~ O~IN~ ~ently vacating, d~scont~nuing ~d closing a certain street ~n Section 3, of Hll~ Ho~ta~n Es~tes S. E., as sh~ on a plat dra~ by Buford T. L~d~ a ~soc~ates~ dated J~ua~ 9, 1976, shying ~e vacation of Jud[~ ~e, S. E., a copy of which plat ~s on file ~n ~e office of ~e C~ty Clerk. (For full text of Ordinance, see Ordinance ~ok No. ~. Ta~a~ moved the adoption of ~e Ord[n~ce. The motion was seconded by ~. H~ard and adopted by ~e following Taylor ....................................... 6. NAYS: Non~ ......................... 0. (~. Trout absent) HUS~-SCH~-CI~ PROPERS= Ordinance No. 22874 au~orizing ~d prov~ding for ~e lease by ~e City of Ro~oke of the four T~er Sch~l site to ~e Science Muse~ ~s~[at[on of Roanoke Valley, u~on certa~ ~d conditions, having previously been before Co~c[1 for ~ts first read,g, read and adopted on its first reading ~d laid over, was again before b~y, Mr. L[sk offering the foll~ing for its second reading ~d final adoption= (%22874} ~ O~I~CE au~orlzing ~d provid~g for ~e lease by ~e City of ~e foyer T[~er School sit~ to ~e Sci~ce Huse~soc~at[on of Ro~oke Valley, u~n ceftin te~ and conditions. (For ful~ t~t of Ord~ce, see Ordinance Book No. ~. Lisk moved ~e adoption of ~ Ord~ce. The motion was seconded by ~. H~ard and adopted by ~e following vote: AYe: Messrs. Garl~d, H~rd, Lisk, Ta~ Th~s and~yor Taylor ....................................... 6. NAYS= None ......................... 0. (~. Trout ~s~t) S~ OF PROP~: Ordin~ce No. 22875 au~or~z[ng ~d prov[d~g for ~e lease by the City of ~oke to Dr. J. B. ~ort ~d Dr. of a certa~ 0.1159 acre parc~l of land locate~ on ~e east s~de of Peters and conditions, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Ta-hm~n offering the following for its second reading and final adoptions (~22875) AN ORDINANCE authorizing and providing for the City's leasing to Dr. J. B0 Rapoport and Dr. R. D. Blum of a certain 0.1159 acre parco1 of land located on the east side of Peters Creek Road, N. W. ~ north Of (For full text of Ordinance, see Ordinance Book NO. Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following ¥otez AYESt Hcasrs. Hubard, Llskt Taubman, Thomas and Mayor Taylor .... 5. NAYSz Hr. Garland ............................................... (Mr. Trout absent) PUBLIC WELFARE: Ordinance No. 22883 amending Chapter 1, General Provisions, Title X.I., Human Services, Of The code of thc City Of Roanoke, 1956, as a~ended, by repealing Section 7, Advisory board of public welfare, thereof, and by adding to Chapter 1, of Title X.I.~ aforesaid, Section Advisory board of human services; responsibllitles and duties, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Hubard offering the follow- ing for its second reading and final adoption: (%22883) AN ORDINANCE amending Chapter 1. General Provisions., of Title X.I. Human SerVices., of The Code Of the city of Roanoke, 1956, as amended, by repealing Section 7. Advisory beard of public welfare., thereof, and by add- ing to Chapter I of Title X.I., aforesaid, Sec. 7.1 Advisory board of human services; responsibilities and duties. {For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Ta%~nan, Thomas and Mayor Taylor .....................................................................6. NAYS: None .......................................................0. (Hr. Trout absent) AUDITORIUM-COLISEUM-PARKS AND PLAYGROUNDS-SWIMMING pOOLS-TAXES: The following Ordinances were before the Council: An Ordinance amending and reordaining Section 1, of Chapter 2, Accounts, Warrants and Interest, of Title V. Finance, of The Code of the city of Roanoke, 1956, as a~ended, so as to recognize and make exception in said section for a special revolving fund bank checking account into and fro~which cer- tain receipts and disbursements arising from operation of the Roanoke civic Center ~ay be deposited and withdrawn; and providing for an emergency.- An Ordinance a~ending end reordaining Sections 2, 3 and 4, of Chapter 9, Civic Center Department, of Title VIII. of The Code of the City of Roanoke, 1956, as amended, relating to the Roanoke civic Center, the organization and procedures of that department and the duties and responsibilities of certain of 157 its ~anagement personnel so, by such amendments, to recognize the position of manager as the head of said depa~t~entl adding to said chapter and title & new section, to be ntmbered section 4.1, providing for the establishment of a revolving fund and a separate bank checking account into and from which certain receipts and disbursements connected with activities, entertain- ment sho~s and special events at said civic center ~ay be deposited and disbursedl authorizing certain personnel to sign and countersign checks dream on said special accounti providln9 for fidelity bonds to be required of such personnel! and pro- riding for an emergency. An ordinance appropriating the present value of the Frank Pellon Trust Fund, to-wit~ $13t015.02, to be used with other funds for the purpose of cons%~uctln9 a municipal swimming pool in Fallon Park~ and providing for an emergency. An Ordinance to amend and reordain Sec. 4. of chapter 5.1. of Title VI of The code of the City of Roanoke, 1956, as amended, relating to the City's admissions tax and to report and remit- fence thereof by persons collecting such taxl and providing for An Ordinance to amend and reordain Sec. 4, Chapter 9, of Title VIII, of The Code of the City of Roanoket 1956, as amended, re- lating to the duties of the manager of the Civic Center Depart- ment and to refund procedures and certain advance ticket sales receiptsl ~nd providing for an emergency. An Ordinance amendin9 and reordaining Chapter 9. Civic Center Department, of Title VIII. public buildings and property, of The Code of the City of Roanoke, 1956, as amended, by adding a new section, to be numbered Sec. 4.2., providing for the establish- ment of a petty cash fund to be maintained at the Roanoke Civic Center~ and providing for an emergency. An Ordinance amendin9 and reordaining Sec. 2. of Chapter 3, Title V, of The Cede of the city of Roanoke, 1956, as wended, provialn9 ~or ana controlling the i~vestment of funds of the city in excess of immediate requirements~ and providing for an emergency. In this connection, the Treasurer presented a commenicatio~ in connec- tion with the special revolving fund bank checking account for the Civic Center and a further communication in connection with the proposed Ordinances dealing with the Fallon T~ust Fund monies, the admissions tax, cash refunds from advanced ticket sales, a petty cash £und for the Civic Center and controlling investment of funds of the city in excess of imm~diate requirements. (For full text, See co~nenlcations as filed in the City Clerk's Office.) After bein9 advised by the Treasurer that there had been no prior discussion be~een hi, self and the Director of Finance on the above Ordinances, Hr. Thomas moved that action on the Ordinance~ be deferred until the regular meeting of Council on Honday, Hay l?, 1976, end that the Director of Finance and the Treasurer be requested to meet ~n an effort to work out an agreeable solu- tion to any questions pertaining to said Ordinances. The motion was seconde~ by ~r. Hubard an~ adopte~. The Treasurer requested that the City Attorney he instructed to meet with them~ whereupon, Hr. Hubard stated that the City Attorney or a repre- sentative of his office is always available to respond to legal questions. Hr. Thomas then suggested that the Treasurer set up an appei~t~ent with the Director of Finance on Monday, May 10, 1976, to discuss any questions pertaining to the Ordinances. ELECTRICAL INSPECTOR~ Council having directed the City Attorney to prepa the proper measure amending and reordaining Sec. ? and Sec. of Title XV of The Cc~]e of the City of Roanoke, 1956, aa amended, providing for a change in membership of the electrical board of examiners and providing for a two year qualification to be eligible to take the electrical contractor's exam~nation, he presented same~ whereupon, Mr. Llskmoved that the following Ordinance be placed upon its first rcading~ (%22897} AN O~DINANCE amending and reordaining See. ? and Sec. 9. of Chapter 2, of Title XV, of The Code of the City of Roanoke, 1956, as amended, providing for a change in membership Of the electrical beard of examiners and providing for a two year qualification to bo eligible to take the elec~rical contractor's examination. (For full text of Ordinance, see Ordinance Book No. Thc motion was seconded by Mr. Hubard and adopted by the followlng vote: AYES: Messrs. Garland, Hubard, Lisk, Ta~B~n, Thomas and Mayor Taylor ........................................ NAYS: None .......................... 0. (Mr. Trout~bsent} ACTS OF ACKNOWLEDGF~%ENT-POLICE DEPARTMENT: Council having directed the City Attorney to prepare the proper m~asure commending the Auxiliary Police o£ the City of Roanoke for their valuable services to the City, he pre- sented s~mef whereupon, Mr. Lisk off~red the following (S22898} A ~SOLUTION co~mending the Auxillary Police of the City Of Roanoke for their valuable services to the City. (For full text Of Resolutlon, see Resolution Book No. Mr. Lisk moved the adoption of the Re~olutlon. The motion was seconded by Mr. Ta~n and adopted by the following vote: AYES: Messrs. Garland, Nubard, Lisk, Taubman, Thomas and Mayor Taylor ......................................... 6. NAYS: None ........................... 0. (Mr. Trout ~bsent) BUDGET-AIRPORT: Council having directed the City Attorney to prepare the proper measure appropriating $~5,337.00 to Air~ort Electrical Renovation under Section S4§0, 'Capital Outlay Fro~ Revenue,' of the 1975-76 budget, to provide funds in connection with electrical alterations at Roanoke Municipal Air~ort, Woodru~ Field, Mr. Thomas offered the following emergency Ordinance: (~22899) AN OBDINANCE to amend and reordain Section S450, 'Capital Outlay From Revenue,' of the 1975-~5 Airport Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Thomas moved the adopt£on of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vot~: 159 160 AYES: Messrs. Garland, Hubard~ Llsk~ Ta~ Thomas andHa¥or Taylor ........................................ 6. NAYS~ None .......................... 0. (Hr. Trout absent) HOTIONS AND HISCFJ~NEOUS BUSINESS: TRAFFIC~ Hr. Llsk presellted a communication requesting that the City Manager investigate the feasibility and report to council on the possibility of placing a special marking oa Broadway at the intersection of Stephenson Avenue to hold back the traffic going across the intersection west on Broadway when the signal light is red at the intersection of Broadway and Franklin Road. (For full text, see covmmnication as filed in the City Clerk's Office.) Mr. Liskmoved that the request be referred to the Clty Manager for investigation, report and recommendation to Council. The motion was seconded by Hr. Rubard and adopted. CITIZENS~ TASK FORCE FOR CRIME pREVENTION ASD $OCIAL DE%~ELOPI~ENT= Pursuant to previous action of Council relative to the fo~nation of a Steering Committee to make certain recc~nendations relating to the formation of a Citizens~ Task Force for crime Prevention and Social Development, each member of Council to appoint one member to the Co~ittee, Hr. Lisk advised that he is appointing Hr. Julian H. P~/ley. CELEBRATIONS: Hr. Lisk offered the following Resolution supportillg Tow~Meetlng ~76 to be held on Saturday, May 15, 1976, at the Sale-m-Roanoke Valley Civic Center: (S22900) A RESOLUTION supporting To~rn Meeting ~76. (For full text of Resolution, see Resolution Book No. Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following vote= Taylor ...................................... 6. NAYS: None ........................ 0. (Hr. Trout absent) CO~tiITTEES, BOARDSm COMMISSIONS AND AUTHORITIES: The Mayor advised of vacancies on the Housing and Hygiene Board, the Fair E~ployment Practices Committee, the Personnel Board, the Axtvisory Board of Human Services, the Citizens~ Advisory Committee, the Con,unity Relations Committee, the Roanoke City School Board~ and expirations on the Citizensw Advisory Committee and the Youth Commission. Hr. Thanes moved that action on the vacancies and expirations be deferred until the regular meeting of Council on Nonday, Hay l?, 1976. The motion was seconded by Hr. Tattbman and adopted. Hr. Lisk requested that the City Manager sub~it a report to Council at its next regular meeting on Monday, May 10, 1976, concerning the need for continuation of both the Citizens~ Advisory Com~ittee and the Co~uu~nity Relations Co~nnlttee. OTHER HEAItlNGS OF CITIZENS~ NONE. SEWERS AND STOI~I DRAINS-ANNEXATION~ Council having earlier In the meeting agreed to meet in Executive Session to discuss questions pertaining to a contractual agreement~ the Mayor declared a recess in order for the Council to meet in Executive Session. At 5120 p.m.~ Council reconvened wl~h Mayor Taylor presiding. Mr. Garlandmoved that the City Attorney be Instructed to prepare the proper measure~ if legally permtssable~ to establish a suspense account An order to hold the funds of the annexed citizens for sewage t=eatment charges %mtil such time as the matter of the purchase of the lines is resolved. The ~lotion was seconded by Mr. Thomas and adopted. There being no further business, the Hayer declared the meeting adiourned. ATTF~T: City Clerk APPROVED Mayor ./-61 COUNC1~ SPECIAL HEETING, Friday~ Hay 7, 1976. The Council of the City of Roanoke met in special meeting In the Council Chamber in the Hunicipal Building, City of Roanoke, on Friday, Nay 1976, at 10=00 aom., with Nayor Noel C. Taylor presiding° PRESENT: Councilmen Robert A. Garlandt David K. LlSk~ Nicholas Ta-~a~, Han~ton W. Thcenas, ~ames O. Trout and Nayor Noel C. Taylor ..... ABSENT: Councllma~ Mllliams. Bubard ......................... OFFICERS PRESENT: Mr. Byron g. Haner, Clty Manager$ ~r. Sam ~. McGhe~t ~I, Assistant City Manager~ ~r. Ja~es E. Buchholtz, Assistant City Attor~ey~ Mr. A. N. Gibson, Director of Financa~ and Mrs. Na~y F. Parker, City Clerk. INVOCATIONt The meeting was opened with a prayer by Na¥or Noel Taylor. BUDGET= The Hayor advised that the meeting was called for the pur- pose of submittal of the proposed 1976-77 fiscal year budget and requested the City Manager to brief the members Of Council relative thereto. The City~nag~r~d~ the following co~e~ts and reco~endations= Cities throughout the country and particularly those in Virginia are having to cut back services and personnel in an effort to balance their budgets. The proposed budget has been influenced by the city's recent armexation -- and not unexpectedly, it has posed certain fi~anclal constraints that must be overcome. As an example, th~ following is the s~tuation withwhich tho a~inistration has been confronted in the preparation of this proposed budget: NEW COSTS INCUP~ED Repayment of New Tax Loss to CoUnty School Payments to County Assume County's Bonded Indebtedness Interest on New Bonds (6 mos.) $ 1,912,000 2,380,000 400,000 1,400,000 $ 6,092,000 The costs for providing services to the newly annexed area are indeterm/nate. REVF~E LOSSES Utility Tax Reduction Total K~ow~ Costs Est/mated Full Year Revenue Increases as a Result of Annexation Approx~nate Shortfall $ 560,000 6,652,000 1,152,,000 The delay encountered in the final preparation o£ the budget was a result of the uncertainty of anticipated revenues. Until the city had actually experienced the receipt o£ funds from the newly annexed areas, those anticipated revenues for the next £iscal year could not ba accurately gauged. ~cause o£ the budgetary constraints, it appeared prudent to delay the budget process to obtain these figures rather than to proceed with estimated figures based on no experience. Having calculated the ~nticipated revenues, and calling attention to the fact that they are only 1.2 m-tlllon above this year"a revenue, it became apparent with the additional costs, there was a real problem, and listing the General Fund and School requests which total $73,557,736, It became apparent that initially there was a $9,691,840 shortfall. One of the first actions was to obtain and Include into the budget the costs for revising the city's refuse pro- cedure to curb side pickup. This reduces the cost of refuse collection by some $300,000. City departments were requested to provide Information as to how to reduce their budgets by as much as 20%. As a result, $3,212,272 was cut out of existing budget requests and these cuts included some 146 personnel spaces, 46 new and 100 existing. Hany of these reductions are active filled spaces -- and will result in a reduction in force of personnel now on the payroll. After these outs, there was still a shortfall of $6,4?9,56?. A review of the McKinsey report resulted in a recommendation to Council of changes which will not be detailed at this time, but which will result in the anticipated savings of another $?28,000 -- which still left a shortfall of $5,751,567. The next action taken, and one which does not set well with the Administration, but it is better than laying off more personnel, is to freeze all city wages at the current level. This would save $800,000 in one year and would reduce the shortfall to $4,951,567. The School Board budget is 32% of the city's total requested budget. Their budget should be reduced $1,500,000, which is only 15% of the total reduction needed. This would reduce the shortfall to $3,451,367. As additional $175,000 can be obtained by revising the city's recent dollar limitation on the City's Utility Tax to $2000 per month rather than the currently authorized $1000 per month. This reduces the shortfall to $3,2?6,56?. The budget cuts listed above, the $3,212,272 item, included $1,180,000 in personnel cuts. This would have an annual fringe benefit saving of $204,055, with a resultant reduction in the shortfall to $3,072,512. It is re¢o~ended that the Council increase the city's real estate and personal property taxes by 93 cents. This would provide an additional $3,087,600 which would balance the budget. This proposed budget does not include a pay increase for city employees, as to provide sufficient funds for a 5% pay increase would necessitate the elimination of another 125-150 parsorulel spaces. It see~ued more prudent to place a freeze on salary increases rather than eliminate more existing personnel positions with a further reduction in city services. It would be requested that Council reconsider this matter in December with the thought of correcting this situation at that time if fnnds are available. The City Hanager presented the following breakdown for the Council*s information: General Fund Activities $49,820,289 School Activities 23,?57,44? Anticipated Revnnue 63,885,89? Deficit $~ Budget Cuts 3,212,272 McKinsey Report Exhibit 2-1 728,000 Freeze on Merit Increases 800,000 i63 164 School Requests CUts Utility ?~x Revision to $2000 Reduction in Fringe Benefits as a Result of Personnel Cuts Remaining Deficit 93 cents tax increase Remaininq Deficit Balance 3,087,600 (For full text, see budge2 message as filed in the City Clerk's Office,) Hr. Llsk called attention to the fact that the School Board portion of the budget must be adopted by Hay 30 and Council, in all fairness, should give the Board sc~ne indication of whether it concurs in the City Manager's reccamnendation or whether it desires to make adjustments. Hr. Thc~as moved that the proposed budget be taken under consideration to be considered by Council acting as a Co~ittee of the Whole at such dates to be designated by the Mayor. The~otion was seconded by Mr. Lisk and adopted. The Mayor advised that Council will m~et as a Committee of the Whole on Monday, May 17, 1976, i~ediately followlng the Greater Roanoke Transit Company meeting scheduled for that date with further meetings to be held on Wednesday, ~ay 19, at 9=00 a.m., and Friday, kay 21, at 9=00 a.m.~ and after the meeting OhM ay 21st it can then be determined if the Council is meeting as frequently as it should. After a discussion relative to certain areas of concern, Mr. Thomas moved that the meeting OhM ay l?th be a general review session and that the Director of Finance be requested to furnish the Cotmcil with such information as he sees fit specifically in the areas pertaining to annexation, personnel trends and the effect on fringe benefit requirements, real estate tax comparisons and figures as suggested by the City Manager, and the status of the business and llcense taxes in the City of Roanoke. The motion was seconded by Mr. Lisk and adopted. Hr. Garland questioned the city Manager as to his reasons for selecting the real estate tax and personal property tax for an increase; whereupon, the City Manager replied that the real estate tax is not a high tax compared to other cities in the State of Virginia, however, our business license tax ~ay be the highest in the state, and the utility tax is also b~gh. There being no further business, the Mayor declared the meeting adjourned. APPROVED ATTEST: City Clerk Mayor COUNCI~.~ ItEGULAR HEETING~ Monday, M~y 10, 1976. The Council oE the City of Roanoke met in regular~eetlng in the Council Chamber in the Municipal Building, City OE Roanoke, at 2 p.m., Monday, Hay 10, 1976, the regular meeting hour, with MayOr Noel C. Taylor presiding. PRESENT: Councilmen Robert A. Gsrland~ David K. Llsk, Nicholas Tau~, Hampton W. Thc~as and Hayor Noel C. Taylor ................... ABSENT: Councilmen William S. Hubard and James O. Trout ....2. OFFICEP~ PRESENT: Mr. Byron E. Haner, City ~anager~ Mr. Sam H. McGhee~ III, Assistant Ctty Manager~ Mr. James N. Kincanon, City Attorney~ Mr. Jam~s E. Buchholtz~ Assistant City Attorney~ Mr. A. N. Gibson, Director of Ftnance~ end,rs. Mary F. Parker, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Har~ey W. Ashby, Pastor, South Roanoke Un[ted Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, April 26, 1976, having been furnished each member of Council~ on ~otion of Mr. Thc~tas, seconded by Mr. Taubma~ and adopted, the reading thereof was pensed with and the minutes approve~ as recorded. PROCLAMATIONS= The Mayor advised that he has proclain~d Saturday, ~4ay 15, 1976 as TOWN}tEETING ~76 DAY. BEARING OF CITIZENS UPON PUBLIC MATTERS: STP~ETSAN~ALLEYS: Pursuant to notice of advertisement for bids for paving of streets at various locations throughout the city, in accordance with specifications of the Virginia Depart~nent of Highways, said proposals to be received by the City Clerk until 1=30 p.m., Monday, May 10~ 1976, and to be opened before Council at 2 p.m., on that date, the Hayor asked if anyone had any questions about the advertisement for bids and no representative present raising any q~estion, the Mayor instructed the City Clerk to proceed with the opening of the blds; whereupon, the City Clerk opened and read the following bids= Adams Constr~¢tion Co~pany and Virginia Asphalt ~aving Company, Incorporated $ 129~353.20 Joh~ A. Hall and Company, Incorporated - 142,999.30 S. R. Draper Paving Company 149,528.25 Mr. Thomas moved that the bids b~ referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Coun=il. The motion was seconded by Mr. Lisk and adopted. The Mayor appointed Messrs. Sam H. McGh~e~ III, Chairman, ~/chard Turpin and Thomas F. Brady as members of the committee. STADIa4= pursuant to notice of advertisement for bids for of concession stand and walk at Victory Stadium, said propesals to be received by the City Clerk until 2 p.m., Friday, May 7, 1976, and to be opened before Council at 2 p.m., Monday, May 10, 1976, the Hayor asked if anyone had any 165 166 questions about the advertisement for bids and no representative present raising any question, the Hayor Instructed the City Clerk to proceed with the opening of the bids~ whereupon, the City Clerk opened and read the following bidss Thor~ Incorporated - $ 19,700.00 ~lodern Remodelers, Incorporated William E. Re~nolds Construction Co~ny - 29~023.00 /tr. Thc~s ~oved thet the bids he referred to a co~nittee to Be appointed by the Mayor for t~ulation, repert ~nd recommendation to Council. The motion was seconded byMr. Ta~n and adopted. The Mayor appointed Messrs. Sam H. HcGhee, III, Chairman, Richard B. Turpin and Thomas F. Brady as members of the e~mmtttee. ZONINGs Mr. Kenneth Bevinsw Mrs. Helvin P. I~e, Hr. E. J. Hlgley, and Ns. Loretta Hicks, appeared before Council and presented a petition signed by 120 residents of the City Of Roanoke and the City of Salem requesting that Council deny the request of Hr. Vernon H. Baker for a reconsideration Of the zoning designation of two parcels of land in the annexed corridor area fronting on Hemlock Road. (For full text, See petition as filed in the City Clerk's Office.) The request of Mr. Baker having previously been referred to the City Planning Commission for study, report and recommendation to council, Mr. Thomas moved that the petition be referred to the Planning Connnission for its information in connection with its study of the matter. The motion was seconded by Mr. Tau~an and adopted. Approxlmately ten persons appeared before Council in opposition to the request of Mr. Baker. PETITIONS AND CO~IiUNICATIONS= ELECTIONS-C~JNCIL: Copies of abstracts of votes cast in the City of Roanoke at the general election held on May 4, 1976, for Mayor and members of City Council, and at the sI~cial election held on May 4, 1976, for members of Counell for unexpired terms ending June 30, 1978, were b~fore council. (For full text, see copies of abstracts as filed in the City Clerk's Office.) Mr. Lisk moved that the copies of abstracts be received and filed. The motion was seconded by Mr. Garland and adopted. SHERIFF-COMPENSATION BOARD: A c~nmlmicatlon from }ir. Paul J. Puckett, Sheriff, requesting concurrence in the replace-ment of a deputy who is resigning from the jail operation force, was before Council. (For full text, see conn~unication as filed in the City Clerk's Office.) Mr. Thanes moved that Cotulcil concur in the request of the Sheriff. The motion was seconded by Mr. Garland and adopted. Hr. Garland moved that the ~atter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Thomas and adopted. TRA~FIC~ A cc~nunication f~cmH~e. Gat~W. ~artin urging ~e ~ns~lla- ~l~ of a ~affic ligh~ a~ ~e intersection of G~dv~e~ Avenue and Road. N. W., was ~fore Co~cll. (For ~ul~ t~t, see c~cat$on as flle~ in ~e City clerk's ~. Ta~ ~ve~ ~t ~e co~cation be referre~ to ~e City ~ager for his info~tion in co~ect$on w~ his study of ~e ~tter. The ~t$on was secondea by ~. Lisk ~ a~opte~. L~B~ A c~cat$on fr~. W~lI~F. C~ark~ Clerk~ cowry ~ar~ of Supe~isors~ tr~tt~ng copy of Resolution No. 14~9 adopt~ by ~e Ro~oke Co~ty ~ar~ of Supe~$sors on April 2~, ~9~6, approving exeuut~on o~ ~ agre~ent providing for a joint poli~ for ~e free use of the libra~ syst~ of the City and the Co~ty~ was ~fore Co~c$1. (For fu~ text, see c~cat$on and Resolution as fi~e~ ~n the C~ty Clerk's Office.} ~. Garland ~ved ~at the co~ication ~ Resolution ~ received an~ filed. The motion was seconded by ~. Th~s and adopted. PA~S ~D P~YGRO~S-~C~T~ON DEP~T= A c~ication ~rom ~. Wi~i~ F. Clark, Clerk, Roanoke Co~ty Board of Supervisors, tran~itting copy of Resolution No. 1483 adopte~ by the ~ard on Apr~l 2~, 1976, requesting ~e City to consider estab~is~ent of a ~licy Wi~ the cowry providing for joint use ~d operation of certain recreational facilities and progr~ by citizens of both politica~ s~ivisions, was ~fore Co~c$1, (For ful~ t~t, see co~icat~on ~ Resolution as file~ in the City C~erk~s Off~ce.) ~. L~sk moved t~t ~e c~lcat$on ~d Resolution be referred to the City ~nager for study, re~rt and reco~dat~on to Co~c~l. The motion was seconde~ by ~. Th~s and adopte~. T~FIC-STATE CO,OPTION CO~ISSION= A co~icat~on fromm. Jerry D. B~ar~, Trafftc~nager, G~eral Motor Lines, advising ~at Red ~co~rated, has ~de application to ~e State Cor~ratlon Co~ission to tr~sfer cer~n certificates of P~lic Convenience and Necessity to General Motor ~nes, Inco~orated, was before Cocci1. (For full text, see c~cation as filed in ~e City Cl~rk~s Mr. Th~s move~ ~at the co~icat~on be received and filed, motion was seconded by~. Ta~-and adopted. ~PORTS OF OFFICE~= G~TS: The city ~ager s~tted a ~tten report r~co~en~ng au~orization to execute appropriate fo~ for acce~t~ce of a gr~t ~n ~o~t of $25,000.00, approved by ~e National ~t for the ~ts, to sup~rt the ~anoke Valley ~ts Cocci1 for on~ year, wi~ one-half c~g from ~e Nat$ona~ ~o~t ~d one-half ~n local ~tch, a~v~sing ~at no c~ty are involve~ ~irectly al~ough Fe~era~ and State f~d~g will be hand~ed by the Fin~ce Depar~ent. (For ful~ t~t, see report as filed in the City Clerk's Office.} i67. 't"68 Hr, Tho~aemoved that Council concur in the rel:~rt and offered the following Resolutiont (i22901) I RE$OLUTIO~ authorizing execution of tho acceptance of Grant No. R60-54-28B greta the National Endowment for the A~ts for the support of the Roanoke Valley Arts Council. (For full text of Resolution, see Resolution Book No. Hr. Thc~ae moved the adoption of the Resolution. The motion was seconded by Hr. Lick and adopted by the following votes AYES: Messrs. Garland, Llsk, Taulxnan, Thomas and ~yor Taylor .... NAYS: None ........................................................ 0. (Messrs. Hubard and Trout absent) pLAh~INGs The Clty Manager submitted a written report requesting authorization to file an application for CO=prehensive Planning Assistance (701) Grant funds in the amount of $45,000.00 for the 1976-1977 fiscal year~ to be used to partially fund the Department of Programs Development and to complete work on development Of an updated comprehensive development plan for the city by the Department of City Plannlng. (For full text, see report as filed in the City Clerk's Office.) Hr. Garland moved that Council concur in the report and offered the following Resolutions (~22902) A RESOLUTION authorizing the city's application to the United States of America, Department of Housing and Urban Develol~nent for a comprehensive planning assistance grant, tinder Section 701 of the Housing Act of 1974, as amend- ed, in the amount o£ $45,000.00, for funds to complete a new eom~rehenslve plan for the City of Roanoke and to continue a ~anagement department, the Department Of Programs Developmentl and authorizing the City Manager to execute the requisite grant application. (For full text Of Resolution, see Resolutlon Book NO. Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Lisk~ Taub~lan, Thc~as and Mayor Taylor ..... 5. NAYS: None ......................................................... 0. (Messrs. Hubard and Trout absent) HUDGET-SEWEP~ AND STOR~ DRAINS= The City Manager stth~itted a written report recon=nending authorization to i~ediately execute Change Order No. 8 in the amount Of $23,803.00 to the contract with J. W. Bateson Company, Incorporated, for expansion of the Secondary Treatment Facilities and construction of a 35 MGD Tertiary Treatment Plallt at the Sewage Treatment Pla~t, and then proceed to seek approval from the State and Federal Governments, and requestidlg that $25,588.23 which includes engineering fees be appropriated for this purpose. ~For full text, see report as filed in the City Clerk's Office.) Mr. Thcm~as ~oved that Council concur in the recommendation and offered the following ~mergency Ordinance approving the issuance of the change order= (f22903) AN ORDIHA~CE approving the Clty Hanager~e issuance of Change Order No. 8, as herein set forth in full, to the City's contract with J. W. Bateson Company, Inc. w for the construction of a 35 million gallon tertiary treatment plant addition at the CityOs Sewage Treatu~nt Plant! providing that notification of the issuance of ea£d change order be given to the Virginia State Water Control Board and the ~vlronmental Protection Agency, and that subsequent formal approval of said change order be sought from the Virginia State Water Control Board and the Envirorunental Protection Agency, all as made and provided by rules, regulations and guidelines of said agsncles~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO, Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Ta-~ and adopted by the following votes AYES: Messrs. Garland, Lick, Taubman, Thomas and Mayor Taylor .... ~AYS: None .......................................................0. (Messrs. Nubard and Trout absent) Mr. Thomas offered the following e~ergency Ordinance appropriating $25,588.23 to Plant Expansion tulder Section 1550, 'Capital Outlay From Bond Funds,' of the 1975-76 budget, to provide sufficient funds in connection with the change order: (122904) AN ORDINANCE to a~nd and reordain Section ~§50, 'Capital Outlay From Bond Funds,' of the 1975-76 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded hy Mr. Taub~n and adopted by the following vote= AYES= Messrs. Garland, Lisk, Tau~ma~, Thc~nas and~yor Taylor ..... NAYS: None ........................................................ 0. (Messrs. Hubard and Trout absent) [~SURANCE-MANAG~T INFO~MAT~ON SEEVICES: The CltyManager sub~m[tted a written report advising that certain all risk disaster coverage has been acquired for the computer complex through the Insurance Advisory Co--tree at a~ annual nondeductible pr~miu~of $95?.00. (For full text, see rc~ort as filed in the City C[srk~s Office.) Mr. Taubman moved that the report be received and filed. The motion was seconded by Mr. Thin,as and adopted. A~RPORT: The City Manager eu~nitted a written report in connection with a Localizer Directional Aid Syste~ (LDA) proposed to be installed by the U. S. Government Federa~ Aviation Administration off of Runway 5 at the Airport, reconnnending that Co~u~cil support this ~tter to the full extent necessary and requesting authority to execute License No. DOT-FA??EA-8550, giv- ing the FAA the right to establish the glide slope and localizer on presently owned city property adjacent to the end of Runway 5. (For full text, see report a~ filed in the City Clerk's Office.) 169 170 Mr. Llsk moved that Council concur in the report and that the following Ordinance be placed upon its first readingz (~22905) AN O~DIHA~CE authorizing execution of Agreement NO. DOT-FA??EA-8$$0, with the Federal Aviation Ad~tnistration providing for a Local~zer and a glide slope to serve Runway 5 at Roanoke Municipal Airport, woodrum Field, upon certain terms and cond~tions. (For full text of Ordinance~ see Ordinance Book No. The motion was seconded by Hr. Garland and adopted by the following vote= AYES= Messrs. Garland, Llsk~ Taubman~ Thomas and Hayer Taylor ....5. NAYS= Noae ........................................................ 0. (Messrs. Hubard and Trout absent) TRAFFIC= The City Hanager submitted a writtan report le com%ection with a request of officials of Downtown Roanoke, Incorporated, and the Merchants Association of Roanoke Valley to provide free parking tn the downtown area on Saturdays including free use of meters and loading zones, reco~unending favorable consideration for free meter parking, city-wide, for the period }{ay 15, 1976, to January It 1977, however, not to include loading zones. {For full text, see report as filed in the City Clerk's Office.) Mr. W£11iam R. Hill, Executive Vice President, Downtown Roanoke, Incorporated, appeared before Co~ulcil tn support of the reco~nnendation and advised that the proposal has merit and would ~ake good economic sense for both the city and do~rntown Roanoke and urged that Council give favorable considera- tion to the proposal. After a discussion relative to the financial in~act and advertisingt Mr. Taubman moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Garland and adopted. STATE HIGHWAYS-STREETS AND ~J~LEYS= The City Manager submitted a written report reco~unend£ng adoption of the appropriate measure authorizing execution of a Right of Entry Agreement between the City and Norfolk and Western Railway Cc~pany to provide the engineer working on the proposed widen- ing of the north approach to Hunter Viaduct with access to the area below the Via- duct on Railway Company right of way. (For full text, see report as filed in the city Clerk's office.) Mr. Taubman moved that Council concur in the report and offered the following emergency Ordinance: (~22906) AN ORDINANCE authorizing the city's execution of a written license agreement with Norfolk and Western ~flilway Company providing for a right to the City, its designee or contractor, to enter upon said Company's property so that the City, its designee or contractor, may conduct a survey in connection with the proposed widening of the north approach of Hunter Viaduct; and providing for ae emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Taul~aan moved the adoption of the Ordinance. The motion was seconded By Hr. Thomas and adopted by the following vote: AYES: Messrs. Garlandw Llsk, Ts-~*-, Thomas and Hayer Taylor .... 5. NA¥S~ None 0 (Messrs. Nubard and Trout absent) WOP~K~kN'S CO~t~ENSATION-CITY E~PLOYEES~ The CltyManager sub~itted a written report rec~endlng a change in the Workman~s Compensation Act to extend same to Cover the first seven days of absence of a city employee result- ing from an on-the-job accident or illness. (For full text, see report as filed in the City Clerk's Office.) Hr. Garland moved that Council concur in the recou~endation and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Ltsk and adopted. CITY PROPERTY-HOUSING-SLUHCLF~WRANCE: The City Manager su~miitted a written report recommending donation of six certain city-owned parcels of land located in the Galnsboro Project to the City of Roanoke Redevelopment and Housing Authority. (For full text, see report as filed in the City Clerk's Office.) Mr. Lisk moved that the report be referred to the City Attorney for preparation of the proper measure. Tile motion was seconded by l~r. Tauhm~n and adopted. TRAFFIC-SCHOOLS-BUDGET: The CityManager submitted a written report in connection with the request of Ms. Jeanette Simmons for a school crossing guard to be stationed et the Crystal Spring Elementary $chool, recou~nending that a school crossing guard be employed for duty at Avenha~Avenue and 26th Street, S. W., begir~aing with the 1976 school year, the annual cost to be reflected in the upco~ng budget. (For full text, see report as filed in the City Clerk's Office.) Mr. Lisk moved that the report be referred to 19~6-~? budget study for COnSideration. The motion was seconded byMr. Thomas and adopted. ZONING-SPEC[AL PEI~iITS: The City Manager submitted a written report in connection with the request of Hr. Willle A. Cart to pursue the ho~e occupation of servicing and repairing citlsens band radio units at 2~39 Colonial Avenue, S. W., advising that the property is properly zoned to permit this activity, that this request appears to be similar to others granted by Council and transmitting a petition signed by residents of the neighborhoo~ in favor of granting the request. (For full te~t, see report as filed in the City Clerk's Office.) Mr. Garland ~ved that the report be referred to the City Attorney for preparation of the proper measure granting the request of Mr. Carr. The motion was seconded by Hr. Tau~ma~ and adopted. 171 172 ZONING-SPECIAL pEI~IITSt 'lq~e City ~anager eu~aitted a ~ltten ~n co~ect~ w~ the ~eques2 of ~. R. A. R~k ~at ~e c~ty ~enew h~s for occup~ of a ~bile ~e at its present location near ~e Rockydale ties, recording t~t, due to ~e ~[~e s[t~tion, ~e ~t ~ rene~ed for a per~ of one year ~til ~rch 14, 1977~ w[~ ~e ~derst~ding that ~e pe~t will not be again rene~d after ~at date. (For full t~t, see re~rt as filed in ~e city Clerk's Office.) ~. Garl~d ~ved ~at ~e ~tter be referred to the City Attorney for preparation of the proof ~asure conc~r[ng ~n the re~rt of ~e City ~ager. The motion was seconded by Mr. L[sk and adopted. ZONING-~TION= ~e City ~ager s~tted a written report rec~end[ng that ~e north-sou~ qua~ant line ~ adjusted as sh~ on an enclosed ~p so as to locate appraisal ~ps 409 and 4~0 in ~e sou~east quadr~t of the city, and provide for a ~ifo~ grouping of t~ (For full text, see report as filed In ~e C~ty Clerk~s Off~ce.} Hr. Th~s ~ved ~at Co~cil concur in ~e recomendatton. The motion was seconded by ~. Garl~d and adopted. ~E S~NG-CENSUS-~TION= The City ~nager s~itted a written report tran~itting a cert~Eicate re~ested by the United States Bureau of ~e Census, certify~g that ~d ~e recent ~nexation occ~red prior to the 19~0 census of ~pulation, ~e c~ty~s population would have been 105,63~. (For full t~t, see report as filed in ~e City Clerk*s Office.) After a discussion as to ~e possible effect on federal revenue s~ring ~nies, ~. Tarn moved ~at ~e Director of Fin~ce be instructed to the ~tter of getting ~e ~ ~o~t of revenue sharing f~ds as ~ssible. The motion was seconded by ~. Tho~s and adopted. CO~CIL: The City ~ager s~tted a written report re~est~g an ~ecut~ve Session to discuss bo~ a ~tter of litigatlon ~d perso~el. ~. Th~s ~ved ~at Co~cil conc~ in ~e request. The motion was seconded by Hr. Ta~ ~d adopted by ~e following vote: A~: Hessrs. Garl~d, Lisk, Tarn, ~o~s and ~yor Taylor .... 5. NAYS = None 0 ...................... ff ................................ (Messrs. H~ard and Trout absent} BONDS-P~ING ~GE-~GION~ JAXL-SCH~= ~e City Attorney ~tted a writt~ report adv[s~g of validation proceedings for off-street parking facility, jail and p~l[c sch~l bonds, aggregating $22,315,000.00~ advising that ~e Co~t has dete~ned ~at ~e proceedings heretofore had wi~ respect to ~elr ~ssuance and sale are valid~ ~at ~e bonds ~y be issued pur- suit to ~e P~lic Finance Act and to ~e Ordinances and Resolutlons adopted by ~e City Cocci1 respect~g'~eir sale ~d [ss~ce~ ~at, upon their sale ~d issu~ce, ~ey will be valid and legal general obligations of the city, provided all s~sequent actions ~d de~fls relating ~ereto be ~n accord~ce wi~ provisions of s~e; ~at ~e coven~ts and provisions confined ~ ~e respective ordinances authorizing t~lr issuance ae would constitute a pa~t of the contract ~een ~e C~t~ ~d ~e holdere o~ ~e ~nds are valid~ ~d ~t the t~ provided fo~ ~e pa~n2 of ~e ~nds Is valid. (~or full t~t~ see ~e~h as filed in ~e Clt~ Clerk's Office.) ~. Th~s ~ved t~2 ~e ~e~t ~ received ~d filed, ~e ~as seconded b~ ~, Llsh ~d adopted, ~T~TS ~ ~YS~ The City Pl~ng C~ss~on s~ltted a ~tten re~t In co~ection ~i~ ~e re.est of ~llson Trucking Co~oratlon and be~t Ass~lates, Inco~rated, to vacate, discontinue and close ceftin portions o[ ~rch~ S~ee2 and Indl~a Avenue, N. E., =ec~ending the reques~ as 1~ perta~ to ~rch~ Street ~ granted, ~lth necessa~ rese~ation of utility eas~nts, and advising that ~e Indiana Avenue closing ~as tabled. (For full t~t, see re~t as filed in ~e city Clerk's Office.) ~. Th~s moved ~a2 a p~lic hearing on ~e re~esC be held a2 7~30 p.m., ~esday, J~e 1, 197~. The mo~ion ~as seconded b~ ~. Ta~n adopted. ST~ETS ~D ~YS: The City Pla~ing Co~ssion ~t~ed a ~tten re~2 in co.eot[on ~lth ~e ~eq~es~ o~ Ha~e Apparel, Incorporated, to cate, discontinue and close a cer~n ~tion oE Third Street, N. W., t~o alleys intersecting ~ith Third S~reet, N. W., ~t~een Center Avenue and ~udon Avenue, N. W., and a ~on of Second Street, N. W., rec~nding ~at ~e be grated, ~ith ~e necessa~ rese~ation of u~ility eas~ents, and advising ~at the portion of Second Street ~etit~oned fo~ clos~e is, ~n fact, closed accordance ~i~ ordinance NO. 503~. (For full t~t, see report as filed in ~e City Clerk's Office.) ~. Th~s moved ~a2 a ~lic hearing on ~e request be held at 7:30 p.m., ~esday, 3~e 1, 1976. The motlon was seconded by ~. and adopted. ~PORTS OF C~[~ES~ NONE. ~INIS~D BUSXNESS: ~: COCCi1 ~v~g previously requested a re~h f~om the ~ager and ~e D~rec~or of Finance relative ~o the use o~ [oc~ox procedures, ~e ~tter was before ~e b~y. The Director of F~ce a~v~se~ ~e Co~c~l ~at ~is ~s not a ~tter of high priority because of certain lega~ questions involve~ and requested ~t Co~cll refer the ~tter to the C~ty T~es Co. tree fur report by Sept~er 30, 1976. Mr. Ta~ ~ved ~at Co~cll conc~ in ~e verbal reco~datlon of the Director of F~n~c~ and that ~e ~tter be referre~ to the City T~es Co--tree for study, report an~ reco~dation to Co~c~l. The motion was seconde~ by Mr. ~s an~ a~o~te~. 173 CONSIDERATION OF CLAI~St NONB. IHTRODOCTION Eft) CONS[DEJ~ATZON OF OEDZ~ANCE$ ~D E~~I~R-LI~N$~ ordin~ce NO, 22897 ~nd~g and reordaining Sec. 7 and Sec, 9, of C~pte~ 2, Title ~, of The C~e of ~e City o[ ~anoke, 1956, as ~nded, provid~g for a c~ge in m~rshlp of the Electrical Board of ~e~s~ ~d provid~g for a t~ year qualification to be eligible to take ~e electrical contractor's ex~nation~ having pre- viously been before Co~cil for its first reading~ read and adopted on its first reading and laid over, was again ~fore ~e ~y, ~. Lisk offer~g the foll~ing for its second reading ~d final adoption~ (~22897) ~ O~I~CE ~ding ~d reorda~ing Sec. ~ and Sec. 9, of Chapter 2, of Title ~, of The C~e of ~e City of Roanoke~ 1956~ as providing for a change in m~rship of ~e Electrical Board of ~iners, ~d providing for a t~ year qualification to ~ ellgible to take ~e electrical contractor's ex~lnation. {For full t~t of Ordinance, see Ordinance ~ok No. Mr. List moved ~e adoption o~ ~e Ordinance. The motion was seconded by ~. Th~s and adopted by ~e following vote: AYES: Hessrs. Garl~d, L~sk, Tarn, ~s and Mayor Taylor ..... 5. ~YS: None 0 ........................................................ (Messrs. Hu~r~ and Trout ~sent) G~GE ~OV~= Co~c[[ having d~rect~ the C~2y Attorney to prepare the proper measure providing for a fiv~ dollar charge for each additional collection of a bulk conta~er ~it per week beyond ~e ~nltial collection~ ~d provld~ng for a fifteen dollar charge for ~e collection of any conta~er, ~t of re,use ~at must ~ tr~sported to anchor location~ he presented s~e~ whereupon, Mr. Lisk moved ~at ~e following Ordinance be placed u~n its first reading= {~2290~) AN O~IN~CE ~endlng Sec. 5.2. S~e - aefuse collectfon; collection char~es, of Chapter 3. Sanftary Regulations~ of Title ~. Heal~, of ~e Code of ~e City of ~oanoke, 1956, as ~nded, providing for a five dollar charge for each addftfonal collectfon of a bulk container ~it per w~ek ~e initial collection; providing for a fifteen dollar charge for ~e collection of any confiner, ~ft of refuse ~at must ~ trans~rted to ano~er locatfon~ ~d provfdfng for ~e effective date of ~is Ordfn~ee. [For full text of Ordin~ce, see Ordinance ~ok NO. The motion was seconded by ~. Tarn and adopted by ~e roll,lng AYES: Messrs. Garland, Lick, Tauhman, Thomas and Mayor Taylor----5. NAYS: None .......................................... i ............. 0. (Messrs. Hubard and Trout absent} PARES ~D PLAYGROUHDS~ Council having directed the City to p~epare ~e proof ~asuze providing fo~ ~e lease to Hill ~tatn Play- house C~y of ~e pr~sea ~ as ~ckledge Inn~ on llll lo~ln~ for te~ c~rlslng a ~rtion of five cal~da~ yeara~ u~n certain te~ and conditions, he presented s~{ ~ereu~n, ~. Th~s ~ved ~at the foll~g Ordin~ce ~ placed u~n its [lrsh read~g~ (~22908) ~ O~I~CE p~ovidin9 for ~e lease to Mill Ho~tain Playhouse Co~y of ~e p~ses ~ a~ ~kledge Inn~ on ~lll for te~ c~prising a portion of five (5) calen~r years, u~n certain ~d conditions. (For full t~t of Ordinance, see Ordin~ce ~ok No. The ~tion was seconfled by ~. Llsk and adopted by the following votes AYES: Hessrs. Garland, Llsk, Tau~man, Thomas and Mayor Taylor .....5. NAYS: None ......................................................... 0. (Messrs. Hubard and Trout absent} MOTIONS AHDMISCELLANEOUS BUSINESS: NONE. OTHER HEARINGS OF CITIZENS: NONE. Thsre being no further businessw the Hayor declared the meeting adjourned. APPROVED City Clerk Hayor 175 176 Nonday; l*~lay 17; 1976. The Council of the City of Roanoke met in regular ~eeting in the Council Chamber in the Huniclpal Building, City o~ Roanoke, at 2 p.mo, the regular meeting hour, with Hayor I/oel Co Taylor presiding. PP~SENT: Councl~me~ Robert A. Garland, William S. Hu~ard, David K. Lisk, N£cholas F. Taut~nan, Hampton W. Thomas, and Mayor Noel C. Taylor ...... A~SENTz Councilman James O. ~rout ................................ OFFICERS PRESENT~ Mr. Byron E. Uaner, City Manager~ Mr. Sam H. MoGhee, III, Asststa~t City Manager~ Mr. James N. Klnoanon, City Attorney~ Mr. Ja~es E. Bueb~oltz, Assistant City Attorney~ Mr. A. N. Gibson, Director of Finance~ and Mrs. ~ary F. Parker, City Clerk. INVOCATION~ The meeting was opened with a prayer by the Reverend Willia~G. Hock, Pastor, Fifth Avenue United Presbyteria~ Church. HINUT~S= Copies Of the ~_~nutes of the regular meeting held on Monday, ~ay 3, 1976~ and the special meeting held on Friday, May ?, 1976, having been furnished each men~er of Council, on ~otion of Mr. Thomas, seconded by Mr. Tau~an and adopted, the reading thereof was dispensed with a~d the minutes approved as recorded. PROCLAMATIONS: The Mayor advised that he nas proclaimed the week of Hay 16 - 22, 1975, as NATIONAL ZNSUP_~NCE WO~LEN~S WEEK in the City Of Roanoke and urged all citizens to do honor to the women who are performing such i~portant services throughout the insurance industry. (For ~ull text, see Proclamation as filed in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC ~ATTE~S: PARKS AND pLAYGROUNDS-SCHOOLS= Pursuant to notice of advertisement for bids for baseball dla:nond construction and llghting at Fallon Park, said proposals to be received by the City Clerk until 2 p.m., Friday, May 14, 1976, the Hayor asked if anyone had any questions about the advertisement for bids~ whereupon, a representative of Davis H. Elliot Company, Incorporated, appeared before Council and requested pe~ssio~ to reduce his bid, The City Attorney advised that all bids were to be received by the City Clerk untll 2 p.m., Friday, Hay 14 and were to he held by the city Clerk ~ntlI 2 p.m., Monday, Hay l? at which time they would be opened by the City Clerk and read before Council and he would deem it improper for any changes to be ~ade, after the 2 p.m., May 14 deadl~e. Mr. Lisk moved that the request to reduce tho bid be denied and that the bids be opened as su~nitted. Based upon the City Attorney's opinion, the motion was seconded by Mr. Thomas and a~opted. The C~ty Clerk the~ opened a~d read the following bids: Davis H. Elllot Company, Incorporated $ 43,965.00 Jarrett Electric Company, Incorporated - 45,742.00 ~r. ?hc~l~s moved ~hat f~e bids ]~ Feferred to a con~ttee to be appointed by ~e ~yor for tabulation, re~rt ~d fecundation to ~o~cll. The ~t~on was seconded by ~. Tarn and adopted. ~e ~yor ap~inted Messrs. S~ ~. M~hee, III, Chal~, ~c~rd B. ~rpin and Willi~ A. Hewitt as ~rs o~ ~e c~ttee. PETXTIONS ~ C~X~TIONS= T~FICI A c~ication fr~. Sus~ L. Preddy in co~ectlon wi~ ~e need for a traffic light at ~e intersection of Gr~dview Avenue ~d Hers~rger ~ad, N. W., was ~fore Co,oil. (For full text, see co~cation as f~led ~n ~e C~ty clerk's Office.) Mr. Lisk ~v~ ~at the c~[cat~on ~ referred to the City ~a~er for his ~nfo~t~on in co~ect~on wi~ his study of the ~tter. The ~t[on was seconded by ~. Garl~d and adopted. B~ET-C~ISSIONER OF T~ ~E-CO~SATION BO~: A c~[ca- t~on fr~. J. S. H~d, Jr.~ Co~ssioner of ~e Revenue~ requesting that $3,000.00 be appropriated to Supplies and ~ter[als ~der Section S106, sioner of the Revenue,~ of the 1975-~6 budget, necessitat~ By actua~ ~ostage and supplies ex,endOrses required ~o se~ce the a~ed area, w~s before Co~c~l. (For full t~t, see co~icat~on as filed in ~ City clerk's Office.) ~. Lisk moved that Co~c~l conc~ ~n ~ r~quest and offered the following ~ergency Ordinance: ($22909) ~ O~N~CE to ~end and reorda[n Section ~106~ sioner of the Revenue,' of the 19~5-~6 Appropr[ation Ordinan=e, and providing for (For full text of Ordinance, see Ord[n~ce Book No. ~. L[sk moved the adoption of ~e Ordinance. The motion was seconded by Mr. H~ard and adopted by ~e foll~ing vote: AYe: Messrs. Garland, H~ard~ Lisk, Ta~, Tho~$ and ~yor Taylor ......................................... 6. NAYS: None ..........................0. (~. Trout absent} B~ET-T~U~R-CO~SATION BO~: A c~ication from Treasurer requesting ~at Co,cf1 refrain from att~ptlng, by Resolution, to influence ~e State C~pensat~on Board relative to any pay raises and additional ~oyees ~n ~ O[f~ce of the Treas~er, was ~fore (For full t~t, see c~ication as filed [n ~e City Clerk's Off~ce.) After a discussion of the request, ~. Ta~n~ved that the City Attorney be ~nst~cted to prepare ~e proper meas~e requesting the Compensation Board to exercise res~alnt ~ approving and fixing salaries and e~ses of the state offices of ~e City of Ro~oke ~der ~e j~isdict~on of ~e Board. ~e ~tion was seconded by ~. H~ard and adopted. ~.77 17.8 SEWERS AND STOP~4D~AKNS-ANNEXATION~ A communication fro~Dr. J. Car~ Po~ndexter ~n co~ectKon wi~ ~e CKty Water ~par~t ho~dKng sewer t~ pay- {For fu~l text~ see c~lcat~on as f~led ~n ~ City Clerk's A c~icat~on [r~. W~II~ T. Ross In co~ection w~ the City receiving water pa~ents fr~ recently a~ed c~t~z~s due to ~e Ro~oke cowry ~1~c Se~ce Au~or~ty and holding ~nding sattl~nt of (For full t~t, see c~lcat~on as filed ~n ~e City Clerk's Off,ce.) The C~ty Attorney s~ltted a ~tten re~rt ~n co~ect~on w~th the sewer pa~ents, advising fr~ a legal stand~lnt~ ~t ~s his open,on ~t, absent agre~t of ~e p~l~c service au~ority to enter ~nto an arrang~ent ~e C~ty of Roanoke and with cust~ers of ~e Au~or~ty whereby an escr~ arrange- ment would ~ acc~pl~shed, no such arrang~nt can ~ had~ that it has been suggested that, lacking ~e necessaries for a ~ue escrow arrang~ent~ City allow such cust~ers as desire to do so to ~ke to ~e City of Roanoke their per~c pa~ents for water and sewer se~ce due ~e p~l~c au~or~ty, advising that this, t~, ~n h~s opinion would ~ ~ro~r~ ~at ~e Co~c~l has been advised ~at the United States D[str~ct Co~t has arranged for a conferanc~ of attorneys representing all parties ~nvolved in l~t~gation pending ~n ~at Court concerning ~e s~e ~tter and ha feels such hav~ng been done, f~er action by Co~cil should await ~e o~tcome of that conference ~d such proceedings as ~y be ordered taken as a result of (For full text, see report as filed in the City Clerk's Office.) The Director of F~nance also s~itted a written re~rt rec~ending ~at ~ pr~edur~ not be foll~ed~ advising ~at ~e mon~es ~e C~ty of ~oke now collects are identifiable as a legiti~te charge or tax lev~ed, that ~n ~ instances, ~ere is a generating doc~ent which charges ~e officer collect~ng~i the money as to specific ~o~ts due fr~ individuals and if necessa~ a total ~o~t for each such t~e of charge, t~t ~t wou~d be difficult to pro.fly accost for ~ese f~ds wi~out ~ere ~[ng some lo. of assessment, ~at all of the f~ds now collected by ~e City of Ro~oke generally belong to the City of Roanoke and as such are covered by Ordinances ~d Charter provisions which gr~t ~e au~ority bo~ for ~k~ng ~a charge and collect~g it, and also, such a procedure, if d~rected, would a~ost certalnly re~uire additional ~ployees. (For full t~t, see report as fil~ ~n ~e City Clerk's Office.) ~. Charles R. H~tchell appeared before Cocci1 ~n support of holding ~at Co~cil move a~ quickly as possible to find a solution to ~e ~tter ~d also requested ~at Co~cil not accept ~e reco~dat~ons of ~e City Atto~ey ~d D~rector of F~n~ce. After a discussion as to other courses of action whlchlaiqht be followed, the City Attorney advised that the Water Resources Committee is in the process of negotiation for the acquisition of the lines, that Council directed him, and he has asked, that the case be reactivated on the docket of the court and there is a conference among attorneys scheduled for Wednesday, 14ay 19, 1976, and beyond that he has no other suggestions as to anything that can be done. Mr. Thomas, Chairman of the Water Resources Con~ttee, stated that from a Committee standpoint they are atten~ting to do everything possible to bring the governing bodies to, ether on the purchase of the lines, that Mitchell has asked the city if it could take these funds and hold them in escro~and the Clty Atterney says the city cannot legallY do this, that the 'sewer serfs' have filed s suit in the courts and are represented by private legal couneo! and if their legs1 co,else1 wants to advise them to open a savings account and put the fends into it, that~ght be one avenue to accomplish the same thing, but when the City Attorney tells Council it ca~ot do something, that is as far as the Council can go. Hr. Thomas moved that the communications from Dr. Poindexter and Hr. Ross be received and filed. The motion was seconded by Hr. Hubard and adopted. Hr. Thon~as moved that the reports of the City Attorney and the Director of Finance be received and filed. The motion was seconded by Hr. Taubman and adopted, Hr. Garland voting no. Mr. Garland stated that he cast a negative vote because he feels there must be sc~e way in which these payments could be held in escrow by the city. The Mayor requested that the City Attorney submit a report to Council at its next regular meeting On Monday, May 24, 1976, relative to the outcome of the hearing to be held on Hay 19. SCHOOLS= A communication from the Roanoke City School Board requesting that Council approve an attached Resolution regarding a thirty-foot rlg~t of way frc~nArrow Wood Gardens, Incorporated, for the WilliamFleming High School, was before the body. (F~r full text, see communication as filed in the City Clerk's Office.) Hr. Thomas moved that the co~nunlcation be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Tau~ and adopted. BUDGET-SCHOOLS= A ccalmtt~icatien from the Roanoke City School Board requesting that Councll appropriate $43,118.21 to Title VI, Comprehensive Employment Training Act, of the 1975-76 budget, one hundred per cent of expenditures to be reimbursed by C.E.T.A., Title VI funds, was before Council. (For full text, se~ communication as filed in the city Clerk's Office.) Hr. Liskmoved that Council concur in the request and offered the following emergency Ordinance: 179 I80 (t22910) AN ORDIHA.NCE ~O amehd and reordaln 'Schools," of the 1975776 Appropriation Ordlnance~ and providing for an emergency. (For full text of Ord~nancew see Ordinance Book No. Hr. Llskmove~ the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by ~he following vote: AYES: Messrs. Garlandw Hubard~ Lisk, Tach,_ant Thomas and Mayor Taylor ..................................... 6. NAYS: None ......................0. (Mr. Trout absent) BUDGET-SCHOOLS: A c~mnunication from the Roanoke City School Board requesting that Council appropriate $150,000.00-to the appropriate CIP Account, said funds being a portion of the immediate request of s~bmitted on February 5, 1976, and will be used for the preliminary design phase for the proposed Thirty-Month Capital Improvement Program, was before the body. A further communication from the Roanoke City School Board requesting permission to appear before Council to discuss the proposed 1976-77 School Board budget, was also before the body. Mr. James W. Eavey, Assistant Superintendent for Business Affairs and Clerk of the Board, appeared before Council and presented a co~un%ulication from Dr. M. D. Pack advising that the Board has embarked upon a $10,815,000.00 school improvement program for the purpose of housing the newly annexed students, that on March 15, 1976, Council approved an appropriation of $97,000.00 for planning purposes, that as of May 17 the School Board has approved schematic drawings on nine of the ten prelects and as a result, this appropriation will soon be exhausted, that it is necessary at this time to instruct the architects to proceed to the preliminary design stage which should require approximately thirty days and when the preliminaries have been approved by the School Board, the architects will be due 35 per cent of their basic fee which is estimated to be an additional $150,000.00. (For full text, see co, unica:ion as filed in the City Clerkts Office.) Mr. Thomas stated that it was his understanding the city or the school administration was going to get in touch with the County to get their thinking on the overall program, that the $90,000.00 previously approved by Council was for schematic drawings for things which were in context with the annexation decree, now we are moving forward with schematics for nine out of ten projects and based upon what he reads in the newspaper, we are almost hack in annexation court because the County feels the City has not complied with the court order and it appears we are moving full stea~ahead to get the program the school adm/nistra- :ion wants and going back to fill up the holes later. Hr. Eavey stated that as far as meeting the d~mands of the court order, the school administration is satisfied that it is more than meeting those demands, that it is not up to the County to approve the progra~ since the program was mandated by the Court, that the County has said they will not house the students after July 1, 1978, and the city school system must have the necessar facilities available and further explained that all the projects which are being worked on at the present time can be changed or expanded If necessary. Upon question from a member of Council as to when the city could expect the annexation court to reconvene, the Clty Attorney advised that he has received no official legal notice that the County intends to reconvene the annexation court, that it has been the position of the School Board and legal counsel all along that the improvements proposed by the Board meets the demands of the court order and in some oases goes beyond the requirements of the court. After a lengthy discussion of the matter, Hr. Llsk moved that Council meet on an informal basis with the members of the Roanoke City School Board and administration to discuss the request for funds and also to discuss the proposed 1976-77 fiscal year budget of the School Board at a time to be designated by the Mayor. The motion was seconded by Hr. Thomas and adopted. Mr. Thomas suggested that possibly so~e lines of co~municat~on~ght be established between the School Board and Roanoke County prior to the meeting date. The Mayor advised that the meeting will be held on Thursday, May 1976, at 1:00 p.m., in the civil Defense Room and requested that the City Clerk make the necessary arrangements. REPORTS OF OFFICERS: BUDGET-RECREATION DEPA~THENT-PA/~KS AND P~AYGROUNDS= The City Hanager submitted a written report recommending certain transfers of funds in order to complete parks and recreation prograns tn baseball, softball, soccer, tennis, day camps and the zoo and transportation museum. (For full text, See report as filed in the City Clerk's office.) Hr. Hubard moved that Council concur in the recon~endation and offered the following ~mergency Ordinance: (122911} AN ORDINANCE to amend and reordain Section t475, 'Parks and Recreation,' and Section $675, 'Snow and Ice Removal,' cf the 1975-76 Appropr£a- tion Ordinance, and providing for an emergency. (For full t~xt of Ordinance, see Ordinance Book Ne. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the followlng vote= AYES: Messrs. Garland, Hubard, Liskw Tauhman, Thomas and ~ayor Taylor ................................... 6. NAYS: None ................... 0. (Mr. Trout absent) BUDGET-SEWERE AND STORM DRAINS-WATER DEPARTMENT: The City Manager s~bm~tted a written report requesting certain transfers of funds in the amount of $6,500.00 and an appropriation in the amount of $82,000.00 under Section [605, 'Utility Line Facilities,' of the 1975-76 budget, to provide funds for this fiscal year in connection with overtime, maintenance of water, storm drains and sewer llnes and laterals, and construction of the S. W. Trunk llne, which amount of $82,000.00 will be reimbursed to the General Fund by the Water Depart- ment Enterprise Account 450-~60. (For full text, see report as filed in the City Clerk's Office.) 181 182 ~Lr. Thanes moved t/~t Council concu~ in the request and offered the following e~ergency ordinance trans£erring $2t500.00 from Salaries and Wages to Overt/me and ~4,0D0.00 frc~Supplies and Haterials to~alntenance of Build- inq, Property and Equipment under Section t605, 'Utility Line Facilities," of t~e 1975-76 Appropriation Ordinance= (]22912) AN ORDINA~Cg to amend and reordatn Section 1605~ 'Utility Line Facilities,' of the 1975-76 Appropriation ord/nance~ and providing for an ~/~ergencyo (For full text of Ordinance, see Ordinance ~o0k No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by ~he following vote= AYESt Messrs. Garland, Hubardt Ltsk, Ta-~n, Thomas and Hayor Taylor ....................................... 6. NAYS: None ......................... 0. {Hr. Trout absent) Mr. ThC~nas offered the following em~crgency Ordinance appropriating $2,000.00 to Supplies and~aterials under Section ~605~ #Utillty Line Facili- ties,~ of the 1975-76 budget= (~22913) AN ORDINARCE to amend and reordaln Section ~605, ~utility Line Facilities,' of the 1975-76 Appropriation ordinance, and providing for an emerg~lcy. (For full text of Ordinance, see Ordinance ~ook No. 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, Lisk, Ts-~n, Thomas and Hayor Taylor .................................. 6. NAYS: None ...................0. ~Mr. Trout absent) BUDGET-FIRE DEPARTMENT= The City Hanager submitted a written re~ort requesting that $4~,000.00 be transferred from VehicuLar Equipment under Section ~347, #F~re Department,~ to Buildings, Property and Equipment under Section %671, 'Motorized Vehicle Haintenance,' of the 197S-76 budget, in order to permit mandatory repairs to older Yahicular equlpm~nt prior to receipt of new replacement ec~alpment. (For full text, see report as filed in the City Clerk's Office.) Hr. Hubard moved that Council concur in the request and offered the following emergency Ordinance: (%22914) AN O~DINANCE to a~end and reordain Section %34?, 'Fire,' and Section %671, 'Motorized Vehicle Haint~ance,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES: Messrs. Garland~ Hubard~ Lisk, Ta-~-, Thomas and Hayor Taylor .................................... 6. NAYS: None ....................0. (Mr. Trout absent) NURSING HO~Et The C[ty Hanager sub. tied a written report recomnending authorization to execute C~ge O~de= ~o. 4 2o ~e cont~ach ~[~ H~ges L~r C~any for r~el[ng ~e Coyner Springs N~s~g H~ ~n order to extend the t~e o~ c~letion fr~c~er 16~ 1975, to~y 3, 1976. (For full text, see re.ri as f~led ~n ~e City Clerk~s ~. Tat~ved ~at Co~c~l co~c~ In ~e rec~-ndation and o~fered the roll.lng ~rgency Ordinance au~orizing ~e tssu~ce of the (122915) ~ O~I~CE au~or~z[ng the [ssu~ce of Ch~ge Order 4 to the C~tyts contract dated April 4a 19~5~ wl~ Hodges L~er Co~y~ au~or~zed by Ord~ce NO. 22145, for r~el~ng ~e Roanok~ C~ty Nursing H~e, by providing for an extension of ~e working t~ provided ~n said seconded bye. Lisk and adopted by ~e following vote~ (~. Th~s was out of the Cocci1 Ch~r] (~. Trout absunt) LIB~ES: The City ~nager s~mitt~ a ~itte~ re.ri reco~ending pu~se of extending the c~letion t~me frumpy ~ to J~e 7, 1976. (For full text~ see re.ri as filed in the City Clerkts Office.) ch~ge order: (t22916) ~ O~I~CE au~or~zing ~e ~ssu~ce of Ch~ge Order 2 to the C~ty~s con~act dated Sept~er 26, 19~5, wi~ Q. M. To~son, providing for an extension of ~e t~e to c~lete ~e work fr~May 7, 1976 to J~e 7, 19~6~ and providing for an ~ergen~. seconded by ~. Garland and adogted by ~e following vote= (~. Th~s was out of ~e Co~c~l ~er) (~. Trout abs~t) Hanager s~[tted a ~itten report tn co~ection wi~ ~e 1975-76 Co~ity :1:84. {For full text, see re{port as filed in the City Clegk's Office,} H~o Garland moved that Council concu~ in the request and offered the following e~ergency Ordinance transferring $6,000,00 frcm~Nev Southwest Park under Section J820, 'New Southwest Park,' to Park Agea Improvements under Section 1825, 'Park Area Improvementa~' and transferring $28~163o00 fro~ New Southwest Park under Section ~820, 'New Southwest Parkt' to Deanwood Road Pro- ~ect under Section ~810~ 'Deanwood Road pro~ect,m of the 1975-76 budgetz (%22917) AN ORDINANCE to amend and reordain the City of Roanoke~s 1975-76 Grant program Account, and providing for aa ~m~rgency. (For full text of Ordinancew see Ordinance Book No. ~r. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Llsk and adopted by the following vote: AYES: Messrs. Garland~ Nubardw L~sk, Ts~ma~, Thomas and Mayor Taylor ..................................... 6. NAYS: None ......................0. (Mr. Trout absent) ~UDGET-PU~LIC WELFA~E~ The City Manager s~hm~tted a writtun report ~n co~nection w~th eight imprest payments ~ade by the Social SerVices Depart- nent of the city amounting to $4,084.00, recommending that said amount be appropriated to Refund L~proper Payments under Section ~537, #Social Services,' Of the 1975-76 budget, in order to re~ay the State, by check~ the a~ount of the ~mproper payments. (For full text, sea report a~ filed in the City Clerk's office.} Mr. Hubard moved that Council concur in the recommendation and offered the following emergency Ordinance= (%22918} AN ORDINANCE to a~end and reorda~n Section ~537, 'Social S~rv~ce$,' of the 1975-76 Appropriation Ordinance, and providing for an e/uergency. (For full text of Ordinance, see Ordinance Book No. Mr. H~bard moved the adoption of the Ordinance. The motion was ~econded by Mr. Lisk and adopted by the following vote: AYES: Hessrs. Garland, H~bard, Lisk, Taubman, Thomas and Mayor Taylor ................................ 6. NAYS: None .................. 0. (Mr. ~rout absent} CELEBrATIONS-AUDITORIUm-COLISEUM-CITY GOVERRMENT: The City Hanager ~uhmitted a written report transmitting copy of a communication fr~ Councilman David K. Lisk, Chalrm~n of a Subcommittee Of the Sister City Committee, requesting that the city provide the Sister City Committee with $5,000.00 by June 1, 1976, in order to re~burse a Korean artist who is painting a six foot by forty foot m~ral to be installed in the Roanoke Civic Center Auditorium. (For full t~xt, see report as filed in th~ City Clerk's Office.) In this connection, a report of the ~oanoko Clty A~ts Co~ission advising of a meeting held on Hay $, 1976, to vie~ three panels of an oil mural painted by H~o Klm Moong for placemeat in the Roanoke Civic Center Auditorium and c~ending the Sister City Cam~tttee for their contribution to the enrichment Of visual arts in the city. IFor full text, see report as filed in the City Clerk's Office.) Hr. Tauhman suggested that the matter be referred back to the Sister City Committee to ascertain if the Committee can make any contributions toward raising a portion of the Mr. Llsk replied that the Sister City Committee is making its contribution in that it is raising fifty per cent of the funds which will be needed in order to bring the Mayor of Woniu to the City of Roanoke to participate in the 21centennt~l celebration. Hr. hisk then moved that the following Ordinance appropriating the requested funds be placed upon its first reading: (i22919) AN ORDINANCE to amend and reordain Section il01, 'Council,' of the 1975-76 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Ta~bman, Thomas and Mayor Taylor .................................... 6. NAYS: None .....................0. (Hr. Trout absent) Mr. Lisk moved that the report of the Roanoke City Axts Commission be received and filed. The motion was seconded by Hr. Hubard and adopted. EQUIPMENT: The City Manager st%bmitted a written report transmitting and concurring in a report of the Bid Committee in connection with tho purchase of certain city equipment and requesting Council's concurrence to transfer the funds within accounts as more fully set out in the report. (For full text, see reports as filed in the City Clerk's Office.) Hr. Thomas moved that action on the report be deferred until the next regular meeting of Council on Monday, May 24, 1976, in order for the City Manager to reapprise the situation as it relates to annexation and advise the Council as to whether or not the equipment is needed at the present time. The motion was seconded by Hr. Ta,,hman and adopted. CITY EMPLOYEES: The City Manager su~mitted a written report with reference to certain changes in the Grievance Procedure, advising of certain prohle~areas contained therein, that the procedure transmitted to Council on April 26, 1976, was a quickly prepared %tncoordinated doct~ent, one which clearly does not warrant consideration at this time and recon~ending that each member of the Personnel Board be fu~nished with copies of those Grievance Procedures received fro~ other Virginia cities and that the Board members be requested to restudy this document with the thoughts of providing a more representative document for city employees. i85' 186 (For full text, sea zeport am filed ~n the city Clerk's Office.) H~o Liskmoved that the report be taken under advis~nt. The ~tion was se~nded by ~. H~rd and adopted. POLICE D~-FX~ D~TS ~e City ~ager s~t2ed a Depar~nts during ~e ~n~ of April, ~976, advising ~at ~ere were 15 yacht ~l~ce officer posit{ohs ~d one vacan~ ~n ~e F~re Depar~nt. (For full text, see re~rt as f~led In ~e C~ty Clerk's ~. H~rd moved ~at ~e re~rt be received and f~led. The motion was seconded bye. L~sk and adopted. C~NCIL= ~e City ~ager s~itted a writt~ re~rt requesting an ~ec~tive Session with ~e ~rs of Co~c~l to d~scuss a perso~el ~tter. ~. H~ard~ved ~at Co,oil conc~ ~n ~e re~est. The motion was seconded by~. Th~s and adoptea by ~e following vote= AYe= Messrs. Garl~d~ H~ard, L~sk~ Ta~ Th~s and~yor Taylor ...................................... 6. NAYS: None .......................0. {~. Trout absent) CI~ C~= Tho C~ty Attorney su~itte~ a written re~rt ~n co~ection w~ certain f~ctions r~uested by the foyer City Clerk to be transferred to other de~ar~ents or o[fices of ~e city, advising that he is tran~itt~g to the City ~nager, to ~e head of each depar~ent which would be involved and to the Clerk of Court th~ curr~t list of pro~sals, asking each to advise h~ through a~pro~r~ate chapels ~f necessa~ of any reason why such ch~g~ should or could not be effected. (For full text, see report as filed ~n the City Clerk's Off~ce.) ~. H~ard ~ved that the report ~ accepted w[~ grat~tud~ with note ~at a futur~ report on ~e ~tter will be for~co~ng in the ve~ near futur~. The motion was s~conded bye. Garland and adopted. BU~ET-LIB~I~-OFFICE HOUr: ~s. ~ia C. Bagbey, m~er of ~o~oke P~I~c L[br~ Boar~, appeared ~fore Co~cll and ~resented a Resolution adogted by ~e ~ard on ~y 6~ 1976, opposing any reduction in hours of which are n~at a ~n~ level and were at such a level prior to the ch~ges ~de on Janua~ 1, 1976~ and fur~er rec~ending ~at ~ ho~s of ~e~ice be restored to ~e schedule that was ~n effect prior to Janua~ 1, 1976, ~d ~t (For full t~t, see report as f~led in ~e City Clerk*s Mr. Th~= moved ~at ~e ~tter ~ referred to 1976-77 budget study and to ~e City ~ager [or consideration. ~e motion was seconded by Mr. Ta~ and ado~te~. P~LIC ~= ~e Adv~$o~ Board of H~ Se~ices s~tted written report in co~ection wi~ ~= re~est of ~s. Gloria Do~ for a review o~ p~l[c assist~ce grants for dis~led persons, advising ~at ~e~r study ~us f~ ~ders=ores ~e need to raise G~eral Relief as2~st~ce ~a~ents from 80% to lOOt of need as contal~led in the budget proposed by the Director of Hula Services and a subconm~ttee of the Board will present its report to the full Board at Its next monthly meeting on June 2w 1976. (For full text,' see report as filed ~ the City Clerkms Office.} Mrs. Derma appeared before Cotmcil and expressed appreciation to Council and the Board for the assistance rendered. Mr. Llsk moved that the report be received and filed. The motion was seconded by Hr. Hubard and adopted. pAl%KS AND PLAYGROUNDS= A committee appointed to tabulate bids received for re. modeling the concession stand and walk at Victory Stadiumt Contract IV, submitted a written re~ort reec~mending that the low bid of Thorw Incorporated, in the amount of ~lO,?g0.00, be accepted, and that $10,194.98 be transferred to raise to $20,000.00 the amount available for this project, with $1,210.00 to be used as a contingency to provide any additional work. {For full text, see report as filed in the City Clerkms Office.} Hr. Llsk moved that Council concur in the report Of the committee and offered the followlng emergency Ordinance transferring $I0,194.98 from Maintenance of Building, Property and Equipment under Section S664, =Build- ings Halntenance,' to Victory Stadium Concession Stands under Section %889, =Transfers to Capital ~mprove~ents Fu~d,= of the 1975-76 budget: (%22920} AN ORDINANCE to emend and reordain Section %664, 'Buildings Maintenance,= and Section S889, =Transfers to Capital Improvements Fund,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Lick moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taubma~, Thomas and Mayor Taylor ................................... 6. NAYS: None ..................... 0. (Mr. Trout absent) Mr. List Offered the following emergency Ordinance accepting the bid of Thor, Incorporated= {S22921) AN ORDINANCE accepting a certain bid and awarding a certain contract for remodeling of concession stands and reconstructing sidewalks at Victory Stadium, upon certain terms and conditions; rejecting certain ether bids made to the City; and providing for an emergency. {For full text of Ordinance, see Ordinance Book NO. Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES= Messrs. Garland, Lisk, Tau~man, Thomas and Mayor Taylor ................................... 5. NAYS= None .................... (Mr. Hubard was out of the Council Chamber} (Mr. Trout absent} Mr. List requested that the city Manager submit a status report as to necessary work remaining to be done at Victory Stadi~un. 187 i88 STREETS AND ALLEYS~ A c~lttee appointed to ~tbulate bids received for pavlnq various streets In ~e clt~ s~tted a ~r~tt~ re~rt rec~endinq ~at the ~t oE ~e l~bid of V~g~nia ~phal2 Paving C~y~ Inco~ated~ ~e ~o~t available for paving, in order to all~ all ~e streets on ~e pro~sed paving lis2 to be paved, and ~t a contract ~ awarded for ~e increased (For full t~t, see ~e~t as filed In ~e City Clerk's Office.) ~. Ta~n ques~ioned raisin~ ~e contract ~t to advising that he ~as of ~e as~ptlon that the diffe~ence ~t~een and ~157,000.00 ~ould revert to surplus and suggested ~at Cocci1 consider ~e ~tter in ~is light ~d add as much as possible to s~lus. The City~nager replied that each year ~e city bids sony ~ts ~d if there is ~ney left over in ~e accost, ~e a~nistration continues d~ the blacktopp~g list Co~c~l approved as far as ~e ~ney will go, ~at there is a continuing blackto~ing progr~ ~d at ~e slow rate we are blacktopping today ~t wi~ take 69 years to c~ete ~ cycle ~ by increasing the contract $157,000.00 for this ~ear, it will provide for more~les to ~ covered. The Director of P~lic Works advised ~t each year the State of Virginia pays the cit~ for ~t~ce of al~ c~ty s~eets on the basis of X n~er of dollars per mile and ~e c~ty ~st certify to ~e state that it s~ent ~ls ~t of ~oney fo~ ~e~nten~ce o~ c~ty s~eets. Hr. Ta~ moved ~at ~e proposed Ordinance be ~ded to provide for a contract ~t of $129,353.20 ~nstead of $157,000.00 ~d that ~e differ~ce be reflected in su~lus. The ~otion was seconded bye. Th~s and adopted, ~. Lisk voting no. ~. Lisk questioned ~e City H~ager as to whe~er or not ~is action will cause ~e city to lose state f~ds~ whereupon, ~e City Manager replled that for ~s year it prob~ly w~11 not, but ~f ~t ~s a cont~u~g practice, f~ds could be lost ~n the furze. ~. Ta~n then off.ed ~e roll.lng ~erg~ Ordinance as ~ended: (~22922) ~ O~CE accepting ~e ~oint proposal of V~rginia Asphalt Pav~g Company, Inc., and Ad~ Construction Co~y for the paving of streets at various ~ocatio~s ~n ~e C~ty of Roanoke~ au~or~z~ng ~e proper city offlc~als to execute ~e requisite contract~ and providing for {For ful~ t~t of Ordinance, see Ordin~ce ~ok No. Mr. Ta~moved ~e adoption of ~e Ordin~ce, as ~nded. The motion was seconded by ~. Tho~s ~d adopted by ~e followlng vote= AYe= Messrs. Garland, H~ard, Ta~, Th~5 and ~yor Taylor-~5. NAYS: ~. L~sk .................................................... 1. (~. Trout absent} ,! PARKS AHD pI~¥GROU~DSt A co~ttea appointed to tabulate bids received for construction of additions and ~prove~ents to East G~te Park m~tted a written re~rt rec~endlng ~t ~e l~b~d of ~dern R~elers~ ~ncor~rated~ ~n ~e ~t of $26~00.00 ~ accepted. (For full text, see re~rt as flied In ~e City Clerk's Office.) ~. H~ar~ moved ~t Co~cil conc~ In ~e re~rt of th~ c~ltte~ ~d off,red ~ foll~g ~gency Ordin~c~ (~22923) ~ O~I~CE acceptin~ the bid of ~em R~alers~ Inc.~ for th~ cons~uction of ad~ltions an~ ~ov~t~ to ~st Gate Park~ u~n certain te~ and conditions~ au~horlzln9 ~ proof city officials to execute the requisite con~act~ ra~ecting ce=rain other bids ~de to ~e City~ and providing for an ~ergency. IFor full text of Ordinance, se~ Ordinanc~ ~ok No. ~. H~ard m~ed ~e adoption of the Ordinance. Th~ ~otion was seconded by ~. Garland and adopted by ~e followin~ AYES= Messrs. Garland, Hubard~ hisk~ Ta-~ Th~s and Hayor Taylor ................................... 6. NAYS= None ....................0. (~. ~ou~ absent) P~S ~D P~YGR~S: A c~ittee ap~inted to tabulate bid~ received fo= cons~ction oi ~e additions ~o ~e picnic shelter at Thrasher Park s~tted a written re~rt reco~ending ~at ~e low bid of Rem~elers~ Inco~rated, in ~e uo~t o[ $16,780.00~ ~ accepte~. (For full t~xt, ~e~ report as filed in the City Clerk's office.] Mr. H~ard moved that Co~cil concur in the rec~endation of ~e co~t~ee and offered the roll,in9 ~ergen~ Ordinance: ([22924) ~ ODI~CE accepting ~e bid of ~ern R~elers, for ~e construction of additions to the picnic shelter at Thrasher Park, u~n certain te~ and conditionsl authorizin9 ~e proper City oificials ~o execute ~e requisite contract= rejectin9 certain o~r bld~ mile to the Clty; ~ providi~9 fo~ an ~ergency. (~or full ~ off Ordin~ce, see ordinance ~ok ~o. ~. Hubard ~ve~ ~e aflop~ion of ~e Ordinace. The ~otlon was seconded by ~. Ta-hm~n and adopted by ~e followln9 vote: AYES: Messrs. Garland~ H~ard, ~isk, Tarn, ~s and Hayor Taylor ...................................... 6. NAYS: None .......................0. (~. Trout absent] ~UHIClP~ BUIDING-ClR~IT COURT= A comittee appointed to tabulate bids receiva~ for alterations to ~e Co~ouse ~uildin9 - Co~t~ ~d Judge~s Cheers s~tted a ~itt~ report rec~ending ~at ~e 1~ bid of Acorn Const~ctlon Co~y~ Ltd., in the ~o~t of $14,342.00 be accepted and ~at $15,500.00 be appropriated for ~is project tn order to es~blish a cont~gen~ f~d of $~,158.00 to be used for any required additional work. {For full t~t, see re~rt as filed in ~e City Clerk's Office.) 189 ,190 Hr. Llsk moved that Council concur in the rec~ndation of the committee and offered the following emergency Ordinances ($22925) A~ORDI~CB accepting a certain bid and avardlng a certain contract for alterations to the City's cottrthouse at 210 campbell Avenue, S.. Wot Roanoke, Virginia, upon certain terms and conditlons~ rejecting other bids made therefer~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Llsk moved the adoption of the Ordinance. The motion vas seconded by Hr. Nubard and adopted by the follo~ing vote: AYES: Hessrs. Garland, Hubard, Liskr Ta-~n, Thomas and Hayer Taylor .................................. NAYS: None .................... 0. (Hr. Trout absent) UNFINISHED BUSINESS: BUSES-SERVICE CENTER: Council having previously requested a report from the Transportation Study Co~mlttee relative to the Public Works Service Center and future servicing of Valley Metro buses, the matter was again before the body. Hr. Garland, chairman of the Committee, advised that the C~tttee will meet on Thursaay, May 20, 1976, i~ediately following the meeting of Council with the Roanoke City School Board in the Executive Session Room of the City Council Chamber. TAXES-AUDITORIUM-COLISEUM-PARKS AND pLAYGROUNDS-SWIF2iING POOLS: Council having previously deferred action on six Ordinances relative to the Civic Center, the Frank B. Fallon Trust Fund and controlling the investment of funds of the city in excess of immediate requirements in order for the Director of Finance, City Attorney and Treasurer to discuss said Ordinances and the effect those Ordinances, if enacted by Council, will have on the office of the Treasurer, thematter was again before the body. The Director of Finance submitted a written report reviewing each Ordinance and advising of the opinion of the Treasurer relative thereto. (For full text, see report as filed in the City Clerk's Office.) The City Attorney s~lbmitted a written report in connection with those proposed Ordinances pertaining to refund procedures in cases of advance ticket sales at the Roanoke Civic Center, and investment of temporarily excess funds, advising of certain changes in said Ordinances. (For full text, see report as filed in the City Clerk's Office.) The Treasurer suk~itted a written report expressing his opinion on each of the six Ordinances. (For full text, see report as filed in the City Clerk's Office.) The Treasurer submitted a draft of a new set of City of Roanoke Civic Center warrants for Council's study and consideration, advising that in his opinion these warrants may be substituted in place of the Ordinance now pending relative to the opening of a special Civic Canter checking fund account. (For full text, see draft as filed in the City Clerk's Office.) Hr. Thomas moved that the reports frcea the Director of Finance, the City Attorney and the Treasurer be received and filed. The motion was seconded by Mr. Ta-~n and adopted. Hr. Thanes moved that the following Ordinances be taken under advisements AN ORDINANCE amending Section lw Chapter 2, Title Vw of The Code of the City of Roanoke, 1956, as amended. AN ORDINANCE a~endlng Sections 2, 3, and 4, Chapter 9, Title VIII, by adding a new section to be numbered section 4.1, of The Code of the City of Roanoke~ 1956, as amended. AN ORDINANCE amending Sectlon 4, Chapter $.1, Title VI, Of The Code of the City of Roanoke, 1956, as amended. AN ORDINANCE muendlng Section 4, Chapter 9, Title VIII, of The Code of the City of Roanoke, 1956, es amended. AN ORDI~ANCE amending Section 2, Chapter 3, Title V, of The Code o£ tho City of Roanoke, 1956~ as amended. The motion was seconded by Hr. Tet,~n and adopted. Mr. Thc~as offered the following emergency Ordinance appropriating the present value of the Frank Fellon Trust Fund~ (S22926) AN ORDINANCE appropriating the present value of the Frank Fallon Trust Fund, to-witt $13,015,02, to be used with other funds for the purpose of constructing a mun[clpal sw~*~g pool in Fallon Park~ and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Tauhman and adopted by the following vote: AYES.' Messrs. Garland, Hubard, Llsk~ Ta,~n, Thomas and Mayor Taylor .................................. 6. NAYS: None ...................0. Mr. Thanes offered the following section to the City Code prov£dlng for the (Mr. Trout absent) emergency ordinance adding a new establishment Of a petty cash fund to be maintained at the Roanoke Civic Center: (~22927) AN ORDINANCE amending and reordainlng Chapter 9. civic Center Department, of Title VIII. public buildings and property., of the Code of the City of Roanoke, 1956, as amended, by adding a new section, to be numbered Sec. 4.2., providing for the establishment of a petty cash fund to be maintained at the Roanoke civic Center; and providing (For full text of Ordinance, see Mr. Thomas moved the adoption of Ordinance Book NO. the Ordinance. The motion was seconded by Hr. Taub~an and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Ta,,hm~n, Thomas and Mayor Taylor ............................... 6. NAYS: None ..................0. (Hr. Trout absent) With reference to the new draft of a set of City of Roanoke civic Center warrants as proposed by the Treasurer, Hr. Hubard moved that the matter be referred to the Director of Finance, the City Attorney and the Municipal Auditor for the purpose of conferring with the Treasurer and advising the Council of their views on the suggestion at its next regular meeting on Monday, May 24, 1976. The motion was seconded by Hr. Thomas and adopted. 191 '1'92 CONSIDERATION OF CLAYe~ NONE. INT~ODUCTIOHAE) CONSIDERATION OF O~I~S ~ ~SOLUTIONS~ AI~ORT~ Ordin~ce No. 2290B au~oriz~g execution o~ Agre~ent No. ~T-FA~-8550~ w~ ~e Federal Aviation ~n~s~at~on provi~ng for a ~cal~zer and gl~de slo~ to se~e R~way 5 at ~oke H~c~pal A~rt~ W~ Fleld~ upon ceftin te~ and conditions, ~vlng previously ~en before Co.oil for its first read.g, read ~d adopted on its first reading and laid over~ was again ~fore ~e ~y. The City H~ager requested ~at action on ~e se~nd reading of Ordln~ce be deferred ~ttl the n~t re.lathering of Cocci1 on Monday, 24~ 19~6. ~. Tarn moved ~at Co~cll conc~ in ~e request of the City The motion was seconded bye. Th~s and adopted. ~GE ~OV~I Ordinance No. 2290~ ~nding ~e City by providing for a five dollar charge for each additional collection oi a bulk container ~it per week beyond ~e initial collection and providing for a fifteen dollar charge for the collection of any container ~it of refuse must be tr~sported to another l~ation, having previously been before Co~cll for its first reading, read and adopted on its first reading and laid over, was again before the ~y, I.~. Lisk offering ~e following for its second reading and final adoption: ([22907) ~ O~I~CE ~ding Sec. 5.2. Refus~ Collection; collection charges, of Chapter 3. Sanita~ Re~lations, of Title ~. Heal~ of The C~e of the City of Roanoke, 1956, as ~ended, providing for a five dollar charge for each additional collection of a bulk container ~it per week beyond initial collection~ providing for a flfkeen dollar charge for ~e collection any container ~it of refuse that must ~ tr~sported to ano~er l~atlon; ~d providing for the effective date of ~is Ordln~ce. (For full text of Ordin~ce, see Ordinance Book No. ~. Lisk m~ed ~e adoption of ~e Ordinance. The motion was seconded by ~. Tarn and adopted by ~e foll~ing vote: Taylor ................................... 6. NAYS: None ..................... 0. (~. Trout abs~t) P~S~D P~YGRO~S: Ordin~ce No. 22908 providing for the lease to Hill Mo~tain Playhouse C~y of the pr~ses ~ as Rockledge Inn, on Mill Mo~tain, for te~ c~ris~g a portion of five calendar years, upon certain te~ and conditions, having previously been before Cocci1 for first reading, read and adopted on its first reading ~d lald over, was aga~ before ~e b~y, ~. Lisk offering the foll~ing for its second reading and flnal adoption: 'i (%22908) AN ORDINANCE prov~ding for the lease to Mill Hountain Playhouse Company of the premise8 knovn as Rockledge Innt on Mill Mountain, for ter~s cc~prlsing a portion o£ five (5) calendar years, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Ta!~n and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Tau~m~,, Thomas and Mayor Taylor .................................. NAYS= None ...................0, (~r. Trout absent} ZONING-SPEC~%L PEr, ITS= Council having directed the City Attorney to prepare the proper measure granting revocable, non-transferable permission to Willie A. Cart to pursue the ho~e occupation of servicing citizens band radio equipment upon premises located at 2?39 Colonial Avenue, S. W., known as Lot 6, Block 6, Section 3, Map of Gaymont, Official Tax No. 1260803, upon certain terms and conditions, he presented s~me~ whereupon, Mr. Tau~man moved that the following Ordinance be placed upon its first reading= (%22928} AN ORDINANC~ granting revocable, non-transferable permis- sion to Willle A. Cart to pursue the home occupation of servicing citizens ha/id radio equipment upon premises located at 2?39 Colonial Avenue, S. ~., know~ as Lot 6, Block 6, Section 3, Map Of Ga~montt Offlcial Tax NO. 1260803, upon certain terms and conditions. (For full text of Ordin~ce, see Ordinanoe Book NO. The motion was seconded by Mr. Garland and adopted by the following AYES= Messrs. Garland, Hubard, Lisk, Ta~m~, ThOmas and Mayor Taylor ................................. NAYS: None .................... 0. (~r. Trout absent} TP~tFFIC: Council having directed the City Attorney to prepare the proper measure amending the City Code providing that on Saturdays the parking of vehicles in the city shall not be controlled by coin-operated parking meters, he presented same; whereupon, Mr. Ta~m~n offered the following emergency Ordinance: (%22929) AN ORDINANCE amending a/Td reordaining Sec. 8?. Parking meter zones, of Chapter 1. Traffic Code, of Title XVIII. Motor Vehlcles and Traffic, of The Code of the City of Roanoke, 1956, as amended, providing that on Saturdays the parking of vehicles in the City shall not be controlled by coin-operated parking metersI and providing for an e_~ergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Tatt~man moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Ta-~an~ Thomas and Mayor Taylor .................................. 6. NAYS: None ...................0. (Mr. Trout absent) 1.93 SH~RIP¥-CONPENSATION BOARD~ Council h~¥~ng directed ~e C~ty ~ttorney ~o prepare ~e p~o~r ~asu~e approv~g ~plo~enk of one deputy In ~e Office of ~ Sheriff of ~he City o~ Ro~oke to fill a ce~n vac~ c~eaked by a recent resl~ation f~ such ~lo~en~, he presented s~e~ ~hereu~n~ ~. L~sk offered ~e foll~ng Resolut~t ({22930J A ~SO~T~O~ approving ~l~n2 of one fl) deput~ the office cf ~e Sheriff of ~e City of Ro~oke, to fill a ceftin vacancy created by a recent zesi~ation fz~ such ~lo~t. (For full text of Resolution, see Resolution ~k ~. Lisk ~ved the adoption of ~e Resolution. ~e motion seconded by ~. Garland and adopted by ~e roll,lng vote: AYe= Messrs. Garland, H~ard, Lisk~ Ta-~n~ Tho~s ~d ~yor Taylor ..................................... 6. ~YS: None ...................... 0. (~. Trout absent) CI~ ~YE~-WO~S C~SATION= Co,oil having directed City Attorney to prepare the proper mea~e ~en~[ng ~e City Code providing for 36 working hours of sick leave for ~ ~nj~ for which c~pensat~on awarded ~der ~e Wor~n~s C~ensatio~ ~w, he pre~ented s~e~ whereu~n~ ~. Tarn offered the following ~ergen~ Ord~n~c~: {~22931) ~ O~IN~CE ~ding ~d reorda[ning $~2ection (b) Sick ~ave., of Sec. 12. Vacat[ons~ sick leave and ~l~ta~ leave, of Chapter 3. Officers and ~ployees Generally, of Title ~I. A~inistrat~on, o[ The Code of the C~ty of R~noke, ~95~, as ~en~ed, prov~d~g for ~rty-six working hours of s~ck leave ~or an [nju~ for which c~ensat[on ~s awarded ~der Wor~n~s Co~ensat[on ~w; and providing for an ~argen~. (For fu~ t~t of Ordinance, see Ordinance Book ~o. ~. Ta-~n moved ~e adoption of ~e Ordinate. The motion wa~ seconded bye. Garl~d and adopted by the fol2~ing vote= AYe: Messrs. Garland, Hubard, Lisk~ Ta~, Tho~s and Ha~or Taylor ................................. 6. NAYS: None ................. 0. (~. Trout absent) ZONING-SPECI~ PE~ITS: CO~C~i having directed ~e City Atto~ey to prepare the proper measure grating a special waiver for a per~ of one year relative to ~at part of ~e s~sect~on ~titled 'Proh~ited uses and struc- t~es' applying to mobile h~es, of Sec. 8. C-1 Office ~d Instltut[onal District, of Chapter 4.1. Zoning, of Title ~. Const~ction~ ~terat~on and Use of Buildings and O~er St~ct~es, of ~e C~e of ~e C~ty of Ro~oke, 1956, as ~nded, ~n its application to ~e mobile h~e of ~. R. A. Roark, located ~n the sou~weste~ quadr~t of ~e city, he pres~ted s~e~ whereupon, City C~erk advised ~at ~. Roark has re~ested ~at action on the Resolution be deferred ~ti~ ~e next re~ar meeting of Co~c~l on Honday, ~y 24, 1976. ~. Lisk~ved ~at action on ~e Resolution be deferred ~t~ Monday, Hay 24, ~976. The motion was seconded bye. Ta-~m~n and adopted. SCHOOLS~ The Hayor relinquished the chair to the ¥1ceo~ayor in order that he might offer a Resolution. Hayor Taylor then offered the following Resolution recognizing, acknowledging and expressing the Council's appreciation for the public services of Hro Samuel p. HcNall~ ($22932) A P. ESOLUTION recognizing, acknowledging, and expressing the Council*s appreciation for the public services of Samuel Po McNeil. (For full text of Resolution, see Resolution Book Mayor Taylor ~oved the adoption of the Resolution. The motion was eecondedbyH~. Llsk and adopted by the following votes AYF~: Hessrs. Hubard, Lisk, Taylor, Ta~, Thomas and Vice- Hayor Garland .................................. NAYS: None ..........................0. (Hr. Trout absent) Hayor Taylor then moved that the City Clerk be inst~ucted to have the Resolution suitably framed along with a Certificate of AppreciatiOn and when this is cc~pleted, those items will be formally presented to Hr. McNeil. The motion was seconded by Hr. Taubman and adopted. The Hayor then resumed the Chair. ELECTIONS: Hr. List offered the following emergency Ordinallce a~nend- ing Chapter 1. General Provisions. of Title IV. Elections, of Tne Code of the City of Roanoke, 1956, as amended, by the addition of a new section relating to the provision Of space for voting machines and equipment between elections: ($22933) AH ORDINANCE amending Chapter 1. General Provisions. of Title IV. Elections, o£ The Code of the City oE Roanoke, 1956, as amended, by the addition o£ a new section relating to the provision of space for voting machines and equipment, between electlonsl and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Lisk moved the adoption o£ the Ordinance. The motion was seconded by Hr. Thc~nas and adopted by the follo~in~ vote: AYES: Messrs. Garland, Hubard, Lisk, Taubanan, Thomas and Playor Taylor ................................. 6. NAYS: None ..................0. (Hr. Trout absent) SALE OF PROPERTY: Cottncil having directed the City Attorney to prepare the proper measure authorizing sale and conveyance to the Commonwealth o£ Virginia of the fee simple title toe parcel of lend containing 3,062 square feet, more or less, situate on the south side of Louisiana Avenue, N. together with an easement to use a certain additional area containing approxi- mately 1,669 square feet for cut and/or fill slopes in connection with Highway Project ~o. 0460-128-102, RW-202, for a consideration of $930.00, cash, and if desired by the Commonwealth, to enter into a pttrchase option a~reement with the Co~anonwealth of Virginia relative to such sale and convey- ence, he presented eame~ whereupon, H~. Lisk moved that the following Ordinance be placed upon its first reading: (~22934) ~ ORDIH~NCN authorizJ~lg sale ~nd conveyance to Co~naonweal~h o~ VL:glnLa of ~e fee s~le title to a pa:col of land con.in- ing 3,062 s~e feet~ ~re or less, 81t~te on ~e sou~ side of ~uLsi~a taining appr~tely 1,669 sq~re fee2 for cut and/or fill slopes ~ co.action v~ Highvay Projec~ No. 04~0-128-102, R~-202, for a consideration cash; and, L~ desired b~ ~e C~nveal~, to ente~ ~nto a p~chase option a~e~ vl~ ~e Co~nveal~ of V~rgin[a ~elat~ve to such sale and convey~ce. (For ~ull t~2 of Ord[n~ce, see Ordinance ~oh No. The ~tion was seconded by ~. H~ard and adopted by ~e foll~ng Taylor .................................. 6. NAYS~ None ...................O. (~, Trout absent) trans~tting a list of suggested changes in ~e City C~e relative to tr~tt~ng a l~st of a~l authorities, ~rds, co~ss~ons and co~ittees ch~ges i~ ~e City C~e in connection ~arewi~. (For full t~t, see co~ication and changes a~ f~led ~n ~e C~ty Clerk's Office.) Mr. Hubard moved that ~e c~cation and suggested received and f~led and that Co~c~l meet as a Co. tree o~ ~e ~ole ~ed~ate~ foll~ng ~e next regular meeting of Co~c~l on Honday. ~ay 24~ 19~6, to adopted. that authorization be giv~ by Co~cll to ~e City Clerk to compile a l~st f~1e ~n her off~ce, ~d ~at Co~c~ adopt ~ a~p~iuat~on fo~ to he.de avail~le to ~e public to ~e application for any of ~ese Co~cil appointed c~ttees, c~sstons, boards and au~or~t~es. {For full t~t. see c~icat~on as f~led in ~e City Clerk's Office.) ~. Lisk was advised ~t ~e City Clerk now has ~is au~orlty. seconded by ~. ~s and adopted by ~e roll.lng (~. Trout ~sent) {! CO~4IT~F-~S~ The Ha¥or advised o£ Yac~ncies on khe Housing and Hygiene Board, ~e Fair ~lo~ent Practices C~tee, ~e Pe~so~el ~ard~ ~e ~v~so~ ~rd of H~ Se~ces~ ~e Citizens~ ~viso~ C~ttee~ the C~lty Relations C~ttee, ~e R~oke C~ty Soho1 ~rd~ and e~lrations of te~ on ~e Citizms~ Yvisou C~ttee ~d ~e You~ C~ssion~ where- u~n~ ~. ~s ~ved ~at action on the vac~cies ~d e~l=ationa ~ deferred ~til ~e regular ~etlng of Co~cil on ~esdaF, J~e 1, 1976. ~e ~tion was seconded by ~. H~ard and adopted. ~R H~INGS OF CITIZ~S~ None. There being no i~er bus~ness, the ~yor declared ~e meeting adjou~ed. ATTEST: City Clerk APPROVED '1.97 Honday, Hay 24, 1976. The council of the City of Roanoke met /n regular meeting /n the Council Chamber :ha the Municipal Bulld~ng, City oi ~oke, at 2 p.m.~ Honday, ~y 24, 1976, the reeler ~eeting ho~, w~ ~or N~l C. Taylor P~Tt Contigen ~rt A. Garl~d~ Wllli~ S. H~ard~ David Lisk, Nicholas F. Ta~, ~ton ~. Th~s~ ~es O. ~out ~d ~yor Noel C, Taylor ...................................... 7. ~T= None ...................... 0. OFFICE~ V~S~t ~. By,on E. Haner, C~tyHanage~t ~. H~hee, III, ~si~tant City ~a~e~; ~. J~es H. ~nc~on, City A~torney~ ~. J~s E. Buc~Oltz~ Assfst~t City Atto~ey~ ~. A. N. G~son, Director of Ffnance~ andes. ~ F. Parker, City Clerk. ~T~ON= The meeting was opted wf~a prayer by ~e Reverend Matin E. Ge~lngs, Pastor, V~rgfnia Heights ~pt~st Ch~ch. pR~TIONS: The ~yor advised that he has procla~ed~y 23 - 30, 197~, as ~ER C~IE~ ~K in Roanoke Virginia, in recognition of the outstanding and meritorious se~ice berg ~rfo~d ~ ~e p~l~c ~nterest. (For full t~t, see Procl~=ion as ffl~ in the city Clerk's Office.) H~NG OF C~T~ZENS UPON Pursuit to notice of advertfs~t for bids for new c~b and ~tter, entices, payment and stom ~afn along ~rdon Avenue, S. E., said proposals to received by the City Clerk ~til 1:30 p.m., Monday, ~y 24, 1976~ and to be opened before Co~cfl at 2:00 p.m., on that date, ~e ~yor asked if anyone had any questions a~ut ~e advertfs~t for bids and ~o representative ~res~t raising any question, the Hayor fns~ucted ~e City Clerk to proceed wi~ ~e open~g of the bids; whereupon, the City Clerk oR~ed and read the foll~fng bids= H a S Const~ctfon C~y - $ 76,157.50 S. R. Dra~er Pav~g C~y - 80,300.~6 Jo~ A. Hall and C~y, Inco~orated 82,631.35 L. H. Sa~er Paving C~p~y~ Incorporated - 92,114.90 ~. Ta~ moved that ~e bids be referred to a c~ttee to appointed by ~e ~yor for ~ulatfon~ report and reco~endatfon to Co,oil. The motion was seconded by ~. Garl~d and ~an~ously adopted. The Mayor appointed Messrs. S~ H. M~hee, III, ~af~, ~ch~d ~in and Th~s F. Brady as ~rs of ~e c~ttee. SXD~, CU~ ~ ~R= P~su~t to notice of advertfs~ent for bids for new c~b and gutter, ~ces and sfdewa~ along King Street, S. E., said proposals to be received by ~e City Clerk ~t~l ~:30 p.m., May 24, 1976, and to be opened before Co~cil at 2=00 p.m., on ~at date, the ~yor asked if anyone had any questions about ~e advertfs~t for bids and no represen~tive Rres~t rais~g ~y question, ~e Mayor instructed ~e City Clerk to proceed with the opening of the bids! whereupon, the city Clerk opened ani reading the following bldss H & S Const~uction Cc~pany $ 25,?14.75 S. R. Draper Paving Company 27~695.50 John A. Hall and Company, Incorporated - 28~059.50 Itc. Ta-~n moved that the bids be referred to a committee to be appointed by the Hayor for tabulation, report ~nd recommendation to Council. The motion was seconded by Hr. Lisk mid unanimously adopted. The Hayor appointed Messrs. Sam H. McGhee, III, Chai~an, Richard B. Tu~pin and Thomas F. Brady as meI~b~s of the committee. SID~ALK, CURB A~D GUn. R-SEWERS AND STOI~DRAINS: Pursuant to notice o£ advertisement for bids for new curb and gutter, entrances and related drainage items on 18th Street, Edgerton and RIverdalo Avenues, So said proposals to be received by the City Clerk until 1~30 p.m., Xonday, May 24, 1976, and to be op~ned before Council at 2~00 p.m., on that date, the Mayor 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: H & S Construction Company $ 4?,566.00 S. R. Draper Paving Company 54,$5?.00 Mr. Taubman moved that the bids be referred to a co~ittee to be appointed by the Mayor for tabulation, repert and recommendation to Council. The motion was seconded by Hr. Lisk and unani/nously adopted. The Mayor appointed Messrs Sam H. McGhee, lII, Chairman, Richard B. Turpin and Th~s F. Brady as mel~oers of the committee. PETITIONS A~D CC~4~UNICATIONS: BU~GET-CIRCUITCOURTI A co~mLulication fro~Hr. W. R. Carter, Jr., Clerk of the Circuit Court, requesting certain transfers within his budget in order to meet expenses for the current flscal year, was before Council. (For full text, see c~L~llcation as filed in the City Clerk's Office.} Mr. Lisk moved that Council concur in the request and offered the following emergency Ordinance decreasing Contractual Services by $2,000.00, decreasing Travel Expense and Education by $25.60, decreasingMaintenance Of Building, Property and Equipment by $650.00, decreasing Office Furniture and Equipment by $160.39, increasJ~lg Supplies andMaterials by $2,410.39 and increasing Utilities a~d Cc~m~u-qications by $425.60 tulder Section !125, #Clerk of Circuit Court,' of the 19T5-76 budget: (122935} AN ORDINANCE to a~emd and reordain Section ~125, 'Clerk of Circuit Court,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook No. Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: ~99 200 AYESt Messrs. Garland~ Hubard~ Llsk~ TaUlm~tn, Thcmast Trout and Nayor Taylor .................................... 7. N~YS~ None ........................... BU~ET-LIB~ES~ A c~cat~on fr~Dr. W. S. Cla~tor ~e~uest~ that Co~c~l override a declsion~de by ~e Ro~oke C~ty Llbra~ ~ard to close ~e Gains~ro Brach L~ra~ was ~fore ~e (For full text, see c~lcation as filed In ~e City Clerkts Off~ce.) ~. Trout moved ~at ~e c~lcat~on ~ referred to 1976-77 budget study ~d t~t a copy ~ fo~arded to ~e ~oke P~lic Llbra~ ~ard for Its ~nfo~tion. The ~tion was seconded bye. Th~s and ~usly adopted. SPECI~P~ITS-ST~ETS ~D ~YSt A c~cation fr~. Jo~ W. ~ens, Warehouse ~terprises~ Incor~rated, requesting approval to encroach u~n c~ty pro~rty approx~tely 1 1/2 feet along Virginia Avenue, S. W., a distance of four feet, to cons~uct a loading d~k for the efficient trusact[on of business for a tenet ~n their building and to alleviate bl~king of a city street during tr~sact~on of said business, was before Cocci1. (For full text, see c~lcat~on as filed [n ~e. C~ty Clerkts ~. Lisk moved that ~e r~uest be referred to ~e City ~anager for study, report and rec~nuation =o ~o~cil. The mot[on was seconded by Trout and ~an~ously adopted. BURET= A co~ication from~s. C. B. Chewing, 2526 ~rchester Cocci1. {For full text, see com~icat[on as filed in ~e C~ty Clerk's Office.) Mr. Th~s moved that ~e com~icatlon be received and filed. The mot[on was seconded by ~. Trout ~d ~an~ously adopted. ST~ETS ~D ~YS: ~ application fr~. J. ~. ~rner, Jr., Atto~ey, representing ~e City of Ro~oke Redevelo~ent and Hous~ng Au~ority, requesting ~at a portion of ~dison Av~ue, N. W., approx~tely 50 feet in wid~, extending from its intersect[on wi~ ~e easterly line of 5~ Street, N. W., [n an easterly direction approx~tely 150 feet to its intersection wi~ a pro~sed new cul-de-sac to be cons~cted~ be vacated, discontinued and closed, (For full k~t, see appl~cation as filed [n ~e City Clerk's ~. L~sk offered the roll,lng Resolution appointing viewers connect[on wi~ the re,est: (t22936) A ~OLUTION providing for ~e appoln~t of flvefree- holders, any ~ee of wh~y act, as viewers in co~ect~on wi~ ~e applica- tion of the City of Ro~oke Redevelo~ent ~d Housing Au~ority to pe~ently vacate, discontinue and close a port,on of~d~son Avenue~ N. W., approx~tely 50 feet [n wide, extending f~om its intersection w[~ ~e easterly llne of 5~ Street, N. W., ~n an easterly direction approx~tely 150 feet to ~ts ~ntersection w[~ a pro~sed new cul-de-sac to be cons~ucted~ and ~eferr~g ~e proposal to ~e City Plying Co~ssion for study ~d reco~dation. (For full text of Resolution, see Reso1ution ~ook NO. Hr. Liskmoved the adoption of ~he Resolution. The ~otion was seconded by Mr. Garland and adopted by %he follo~ing AY~t Messrs. Garbed, H~a~ L~sk, Ta,~ Th~s~ Trout and ~yor Taylor ................................. ~YS* None ........................ 0. ~. hisk ~ved ~t ~e request be referre4 to the City Planning C~ission for stu4y~ re~rt ~ rec~endation to Cocci1. The motion was seconde4 bye. Garland and ~an~usly adopted. ~PORTS OF OFFICE~: H~ DEP~NT-CI~ ~S: The City ~nager s~tted a written report advising of the rec~en4ation of the C~onwealth of Virginia, ~par~ent of Health, of Dr. Jo~ C. Alexander as an applicant for the appoint- ment of the new l~al Health Director to replace Dr. J~m H. Fagan, who will retire on J~e 30, 19~6. (For full t~t, see report as filed In ~e City Clerk's Office.) Dr. J. B. Kegley, Jr., Regional Medical Director, ~par~ent of Nealth, appeared before Co~cil ~d introduced Dr. Alex~der ~d after a peri~ of questioning by ~e m~ers of Co,oil, ~. H~ard~ved ~at Cocci1 concur in ~e ap~in~ent of Dr. Alex~der ~4 ~t ~e City Attorney be ins~ucted to prepare the proper measure. ~e motion was seconded by ~. Li~k and ~ously adopted. BU~ET-LIB~I~: ~e City Manager s~mitted a written re~rt rec~ending ~at $8,000.00 be tr~sferred from Supplies ~d Haterlals to Utilities and Co~ications ~der Section %480, "Libraries," of the 1975-76 budget, to provide sufficient f~ds for utility costs for ~e libraries for ~e r~inder of the fiscal year. (For full t~t, see report as filed in ~e City Clerk's Office.) Mr. Trout ~ved that Cocci1 conc~ in ~e rec~dation and offered ~e foll~ing ~erg~ Ordinance: (%22937) ~O~I~CE to ~nd and reorda~ Section ~480, "Libraries,= of ~e 1975-76 Appropriation Ordinance, and providing for an ~ergen~. (For full text of Ordin~ce, see Ordin~ce Book NO. ~. Trout moved ~e adoption of ~e Ordinance. The motion was seconded by ~. Lisk and adopted by ~e following vote: AYES: Messrs. Garland, H~ard, Lisk, Ta,,hman, Tho~s, Trout and ~yor Taylor ..................................7. ~YS: None ......................... 0. B~E~AG~T ~O~T~ON SERVICES: ~e City.namer s~tted a ~itten report rec~ending ~at $1,400.00 be transferred from Salaries ~d Wages to Da~ Pr~essing ~der Section %725, "~nag~ent Info~tion Se~ices," of the 19~5-76 budget, to provide f~ds required to pay ~creased co~uter r~tal for the r~inder of ~e fiscal year due to increased r~ t~e. (For full text, see re~rt as filed in ~e City Clerk's Office.] 201 202 ~Lro Hubard moved that Council concu~ in the recc~nendation and offered the following emergenc~ Ordlnance~ ([22938) AN OI~DIHANCE tO amend and reordein Section ~725, 'Manage- ment Information Services~' of the 1975-76 Appropriation Ordinance, and providing for an ~mergency. (For full text of Ordinance, see Ordinance Book No. Hr, Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote~ AYES= Messrs. Garland, Hubard~ Llsk, Ta-~n, Thomas, Trout and Hayer Taylor ................................ NAYS~ None ....................... 0. PARKISG GARAGEs The City Manager s-~tted a written report recom- mending authorization to execute Change Order No. 2 to the contract with Pebble Building company for construction o~ the Municipal Parking Garage to accomplish necessary changes in the commercial spac~ for occupancy by The First National ~xchange ~ o£ Virginia, advising that the aggregate resultant amount of these changes is an increase in the contractual amount of $122,000.00 which a~ount is to be totally funded by The First National Exchange ~ank and the time for cc~pletion of the structure will be by 70 days which will ~ove the completion date from February 4, 1977, to April 13, (For full text, see report as filed in the City Clerkts Office.) After a discussion of the reco~endatlon, Hr. Hubard moved that the report be received and filed a~d concurred in by Council. The motion was seconded by Hr. Lisk and adopted, Hr. Taubman and Mayor Taylor not voting. Hr. Thc~as moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Trout amd adopted, Hr. Taubman and Mayor Taylor not voting. CITIZENS~ ADVISORY CO~HITTEE= The City Manager submitted a written report in connection with the need for continuing the Citizens~ Advisory Coum~ttee, advising that the City Plal%ning Director now indicates the need no longer exists for an interface between the Com,/tree and the Pla~Lning Co~ission and has recommended that if Council dissolves this Co~nlttee, it give consideration to the members thereof for future committees. (For ful~ text, ~ee report as filed in the City Clerk's Office.) Hr. Thc~as moved that Council concur in the report of the City Manager. The motion was seconded by Hr. L~sk and u~an~ously adopted. EQUIPMENT= The City Ha~ager submitted a written report trans~itt~g and concurring in a report of the Bid committee relativ~ to purchase of certain city equipment and requesting Council's concurrence to transfer the fun~s within the accounts as sst out in said report. {For full text, see report as filed in the city Clerkts Office.) Il In this connection, the Clty Hanager submitted a supplemental report providing additional information relative to the use and need for the equipment, (For full textt see repot% aa filed in the City Clerk's Office.) Mr. Hubardmoved that Council concu~ in the recom~endation of the Clty Hanager and the Bid Comuittee and offered the following emergency Ordinance transferring $88,300.00 frc~ Operational and Construction Equipment and $16,200.00 from Vehlcular Equipment under Section S658, 'Street Hain- tenance'I transferring $5,800.00 fro~Operational and Const~lction Equipment under Section 1686, 'Grounds Halntenance'~ and appropriating $110,300.00 to Operational and Construction Equipment under Section [671, 'Hotorized Vehicle Maintenance' cf the 1975-76 budget~ (422939) AN ORDINkNCB to amend and reordain certain sections of the 1975-76 Appropriation Ordinance, and provldin9 for an emergonc~. {For full text of Ordinance, see Ordinance Book No. Mr. Nubard moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, T~,,~an, Thomas, Trout and Mayor Taylor ................................ NAYS: None .......................0. Mr. Garland moved that the supplemental report of the City l{anager be received and filed. The motion was seconded by Mr, Hubard and unanimously adopted. EQUIP}lENT: The City ~ager s%famitted a written report concurring in a report cf the Bid Committee recommending that the low bid of Motorola Communications and Electronics, Incorporated, in the amount of $15,732.35, for various types of cc~munlcations equipment, be accepted. (For full text, see reports as filed in the City Clerk's Office.) Mr. N~bard moved that Council concur in the reports and offered the following e~ergency Ordinance: (~22940) AN ORDINANCE providing for the purchase and acquisition of various types of c(~munications equipment for use by the City, by accepting the proposal of Motorola C~mmunications and Electronics, Incorporated, of Roanoke, Virginia, upon certain ter~s and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. H~bardmoved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Tauba~an, Thomas, Trout and Mayor Taylor ........................... NAYS: None .......................0. SEWERS AND STORM DRAINS: As previously requested by Council, the City Attorney submitted a written report in connection with the conference which was held on NAy 19, 1976, relative to the case of Barry C. Woods, et als v. Roanoke County Public Service Authority, et als - civil Action No. 73-135, advising that the Court set the followinq schedule for further proceedings in the case: 208 204 A, Set a 30-day period withinwlflch the individual plaintiffs, as a classm may file their a~ended or supplemental pleadings, B, Allo~ed all pa~ties 20 days fr~ such afo~esaid filing In ~hich to ~n~ or suppl~ent ~eir previous plead~gs~ If so advised~ and C. Set ~e case for hearing on ~e plead~gs on ~uly 23~ 1976. (Fo~ full t~t, see re~h as filed In ~e City Clerk's Office.) }~. Charles R. ~ltchell appeared before Co~cil ~d raised questions perta~lng to sch~l ~nds issued In Ro~oke Co~ty ~d ~y fu~er action vhich ~ill ~ t~en by the City. H~. T~-~n moved t~t ~e re~rt be received a~d filed. The motion was seconded by ~. Trout ~d ~an~ously adopted. C~CIL: The City Attorney s~itted a written report requesting ~ ~ecutive Session to brief ~e ~mhers o[ Co.oil on certain litigation. ~. Trout ~ved that the request ~ grated. The motio~ was seconded by ~. Garl~d and adopted by the foll~ing vote= AYe= Messrs. Garl~d, Lisk, Tarn, Tho~s~ Trout and Mayor Taylor ................................ NAYS: None .................0. (~. H~ard was out of the Co.oil Char} BU~ET-~ Z~NG= The Director of Finance s~itted a written report tran~itting two Ordinances to properly reflect ~e first quarterly receipt of Federal Revenue S~ring. ~. Trout offered the foll~ing ~ergency Ordinance decreasing Salaries ~d Wa~es ~er Section S345, 'Pollce Depar~nt' by $10,219.27~ and decreasing Salaries ~d Wages ~der Section %34~, 'Fire ~par~ent,' by $~04,66~,8~ ~e 1975-76 (%22841) ~ O~I~CE to ~end and reordain c~rtain sections of the 1975-76 Appropriation 0rdin~ce, and providing for an ~ergency. [For full text of Ordinance, see Ordinance B~k No. ~. Trout moved ~e adoption of ~e Ord[n~ce. The motion was second- ed bye. Ta~n and adoptea by ~e fo11~ing vote: AYe: Messrs. Garl~d, Lisk, Ta~, Th~s~ Trout and ~yor Taylor ........................................ 6. NAYS: None .........................0. (~. H~ard was out of the Co~cil Cheer) ~. Trout off.red ~e roll.lng ~ergen~ Ord~ce increasing Salaries and Wages ~der Section %345, 'Police ~par~t' by $10,219.271 increas~g Salaries ~d Wages ~der Section $347, 'Fire Depar~t' by $104,66~.81~ and increas~g Revenue Sharing Trust F~dby $114,881.08 of the 19~5-~6 budget: {~22942) ~O~I~CE to ~end ~d reordain cer~ sections of the 19~5-76 Appropriation Ordinance, and providing for ~ (For full t~t of Ord~ce, see Ordin~ce ~ok No. ~r. T~out moved the adoption of the Ordinance. The motion was seconded by Hr. hiak and adopted by the following votes AYESs Messrs. Garland, Llsk, Ta-%~-sn, Thomas, Trout and ~ayor Taylor .................................. 6. NAYS: None ........J .......... 0. (Hr. Hubard was out of the Council Chamber) AUDITS~ The Director of Finance submitted a financial report for the month of April, 1976. (For full text~ see report as filed in the City Clerk's office.) Hr. Thc~nas moved that the report be received and filed. The motion was seconded by Hr. Tauhman and unanimously adopted. Hr. Thomas suggested that it would be helpful If the Director of Finance would submit a mguesstimate' to Council as to how the various categories in the financial report are proceeding, either on a quarterly or annual basis. PUBLIC WELFARE: The Director of Finance sul~mitted a stateduent of expenditures for Public Welfare for the month ended April 30, 1976. (For full text, see report as filed in the City Clerk's Office.} Mr. Trout moved that the statement be received and filed. The motion was seconded by Hr. Lisk and adopted. (Mr. Httbard was out of the Council Chamber. ) ~EPORTS OF C(X~L~ITTEES: CELEBRATIONS-CITY GOVERI~iENT: A report of the Roanoke City Arts Commission in connection with selectlon of a new City Seal, was before Council. (For full text, see report as filed in the City Clerk's Office.) Mrs. Mamle Vest, Chairman of the Co~ission, appeared before Council and requested that the Co~lission be permitted to carry this matter over until a later date in order that fttrther alterations I~ay he made to the proposed seal. Mr. Tattbman moved that Council concur in the request a~d that the matter be deferred u~. til the regular meeting of Council on Monday, June ?, lg?6. The motion was seconded by Hr. Lisk and Unanimously adopted. COUNCIL: Hrs. Ma~e Vest, Chairman of the Roanoke City Arts Commission, appeared before Councll and presented a report of the Commission in connection with reframing and appropriate location for display of photographic portraits of former ~layors of the City of Roanoke, reco~auending that said portraits be reframed as will be exhibited a~d dlsplayed in the hallway on the fourth floor of the liunicipal Building. (For full text, see report as filed in the City Clerk's Office.) Hr. Ta~hm~n ~ved that the Roanoke City Arts Co~sston be requested to provide the city Manager with the bids they have received for the reframing of the pOrtraits, that the City Ha~ager give consideration to the matter and that he be instructed to proceed forthwith to provide for proper reframing in order that the portraits ~ay be displayed on the fourth floor of the Municipal Building. The motion was seconded by Mr. Lisk and unanimously adopted. 205 206 Mr. Tau~nan further ~x~ved that the city Attorney be instructed to prepare the proper measure provldLng for the portraits to be displayed on the fourth floor of the Municipal Building as recommended by the C~lsslon. The motion was seconded by ~r. Hubard and unanimously adopted. HUMAN RESOURCES CO~4ITTEE-BUDGET: The Human Resources committee submitted a written report forwarding results of Committee deliberations on applications received from agencies requesting city funds for fiscal year 1976-77. (For full text, see report as filed in the City Clerk's Office.) ~r. Hubard called attention to the fact that Item 9, VIF-SU Extension Service, and Item 18~ Roanoke Symphony, has been tentatively funded within another category in the budget, and, if approved By Council, this leaves $22,275.00 additional funds for the c~ttes to work with. ~r. William A. Hewitt, Chairman of the Human Resources Con=nitres, stated that this is sc~ething the Council will want to discuss in its budget study dsliberatlons as to whether it wa~ts to stay with the funds tentatlvely appropriated by Council during budget study, or if it wants to accept the recom- mendations of the Co~nittee as they pertain to the two requests. ~r. Th~s ~oved that the report be referred to 1976-77 budget study. The motion was seconded by ~r. Lisk and tma~imously adopted. BUDGET-MEnTAL HEALTH-HU~AN I~ESOURCES CO~hHITTEE: The Huma~ Resources Co~uuittes submitted e written report in connection with a request of Mental Health Services of Roanoke Valley for $174,712.00, advising that Co,maitres recom- mendations would provide for appropriation of $70,000.00 or $140,580.00, depending upon decision on fund availability and question of Federal Revenue Sharing Program continuation, and that it is the u~anlmous opinion of the com~littee that the MHZ Progra~ in subsequent years be considered as a fanction of government, outside the purview of the Committee. (For full text, see report as filed in the City Clerk's Office.} ~r. Thomas moved that tho re~ort be received and filed. The motio~ was seconded by Mr. Hubard a~d enani~lously adopted. UNFINISHED BUSINESS: BUSES-SE~V[CE CENTER= Council having previously re~ested the Transportation Study Committe~ to report relative to the public Works Service Center and future servicing of Valley ~{etro buses, the ~latter was before the bo~y. Mr. Garland, Chairman of the C~{ttee, advised that the Coronettes met on Thursday, May 20, but was unable to get its report on the agenda prior to the 5:00 p.m., deadline end a report will be proso~nted to Council at its meeting on Tuesday, Jtu~e 1, 1976. Mr. Garland moved that the matter be deferred until the next regular meeting of Council on T~esday~ Jtule 1, 1976. The motion was seconded by Mr. Thomas and unanimously adopted. Jl TAXES-AUDITORIUH-COLISBUH~ Council at its last regular meeting having requested that the C~t¥ Hanager, the D~rector of Finance and the Municipal Auditor 8~m~t a report relat~¥e to a n~w draft of a set of C~ty of Roanoke C~vtc Center warrants as proposed by the Treasurerw the matter was before the body. In 'this connection~ the Director of F~nance advised that the ¢c~ttee had not had an opportunity to confer on the matter, Hr. Ta-~m~n moved that the Committee be requested to meet and submit its report to Council at its next regular meeting on Tuesday, June l, 1976. The motion was seconded by Hr. Thomas and unanimously adopted. BUDGET-SCHOOLS: Council having previously deferred action on a request of the Roanoke City School ~oard that $150,000.00 be appropriated to the appropriate CIP Account, said funds being a portion of the ~mnedlate request of $10,815,000.00 submitted on February 5, 1976, and will be used for the preliminary design phase for the proposed Thirty-~lonth Capital Improvement Program, the matter was again before the body. (For full text, see cc~uuunication as f~led in the City Clerk's Office.) Hr. Hubard offered the following emergency Ordinance providing for the requested funds: (t22943) A~ ORDINANCE to amend and reordain Section t889, 'Trans- fers to Capital Improvements Fttnd,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. {For full temt of Ordinance, see Ordinance Book No. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Te~B~n and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taub~an, Thomas, Trout and Mayor Taylor ................................... ?. NAYS: None ....................0. CONSIDERATION OF CLA~HS: NONE. INTRODUCTION AND CONSIDERATION OF OEDINANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 22905 authorizing execution Of Agreement No. DOT-FAT?fA-8550, with the Federal Aviation Ac~n~nistration providing for a Locallzer and a gl~de slope to serve Runway $ at Roanoke Hunicipal Airport, Woodrum Field, upon certain terms and conditions, having prevlously been before Cou/~cil for its first reading, read and adopted on its first reading and laid over, was again before the body. In this counection, the City Manager requested that action on the s~cond reading of the Ordinance be deferred until the next regular meeting of Council on Tuesday, June 1, 1976. Mr. Trout moved that Council concur in the request of the City Manager. The motion was seconded by Hr. Lisk and unanimously adopted. CELEBRATIONS-CITY GOVERNMENT: Ordinance No. 22919 appropriating $5,000.00 to Contractual Se~-~tces under Section %101, 'Council,# of the 1975-76 budget, to provide funds to reimburse a Korean artist who is painting a s~x ~o7 foot by forty foot nuts1 on canvas to be installed in the Auditorium at the Roanoke Civic Center, having previously been before Council for its first reading, read and adopted on its firs2 reading and laid over, was again before the body, lit. Llsk offering the relieving for its second reading and final adoption~ ($22919) AN ORDINANCE to amend and reordain Section il01, 'Council,' of the 1975-76 Appropriation ordin~nce. (For full text of Ordinance, see Ordinance Book No. Hr. Liskmoved the adoption of the Ordinance. The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Llsk, Tau~man, Thomas, Trout and Mayor Taylor ............................. NAYS: None ....................0. ZONING-SPECIAL PF~RITS~ Ordinance NO. 22928 granting revocable, non- transferable psrm~ssion to Willie A. Carr to pursue the home occupation of servicing citizens band radio equipm~nt upon premisss located at 2759 Colonial Avenus, $. W., known as Lot 6, Block 6, Section 3, ~ap of Gaymont, Official Tax Ne. 1260803, upon certain term~ and conditions, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, ~r. Thomas offering the following for its second reading and flnal adoption: (~22934} AN ORDINANCE granting revocable, non-transferable per~ssion to Willie A. Carr to pursue the home occupation of servicing citizens band radio equipment upon pre~n~ses located at 2739 Colonlal Avenue, S. W.~ k~ow~ as Lot 6, Block 6, Section ~, ~p of Gaymont, Official Tax No. 1260803, upon certain terms and conditions. (For fu~l te~t of ordinance, see Ordinanc~ ~ook No. Hr, Thomas moved the adoption of the Ordinance. The motion was seconded by}tr. Taubma~ a~d adopted by the following vote= AYES= Messrs. Garland, H~bard, Lisk, T~,~m~, Thomas, Trout ~yor Taylor .............................. NAYS= None .....................0. SALE OF P~OPENTY= Ordinance No. 22934 authorizing sale and conveyance to the Commonwealth of Virginia of the fee simple title to a parcel of ~and containing 3,062 square feet, more or less, situate on ths south side of Louisiana Avenue, N. E., together with an easement to use a certain additional area containing approximately 1,669 square feet for cut and/or fill slopes in connection with H~ghway Pro,eot No. 0460-128-102, RW-201, for a consideration of $930.00, cash, and if desired by the Commonwealth, to enter into a purchase option agreement with the Commonwealth of Virginia relative to such sale and conveyance, having previously bee~ before Council for its first read,g, read and adopted on its first reading a~d laid OVer, was again before the body, Thomas offering the follow~ng for its second reading and flna! adoption= (~22934) AN ORDINANCE authorizing sale and conveyance to the Co~mon- wealth of Virginia of the fee simple title toa parcel of land containing 3,062 square feet, more or less, situate on the south side of Louisiana Avenue, N. together with an easement to uss a certain additional area containing approxi- mately 1,669 square feet for cut and/or fill slopes in connection with Highway Project No. 0460-128-102~ RW-202~ for a consideration of $930.00, cash~ and, if dsslred by the Co~nwealth, to e~ter into a purchase optlon agreement with the C~"~nwealth of Vlrglnia relative to such sale and conveyance. ~r. Thomas moved the adoption Of the Ordinance. The motion was seconded by Mr. Garland and adopted By the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taubman, Thomas, Trout and Mayor Taylor ......................... NAYS= None ..........................0. HOUSING-SLUM CLEARAnCE: Council havlng directed the City Attorney to prepare the proper measure authorizing the city's conveyance of six parcels Of land owned by the city in the Gainsboro Project area to the City of Roanoke RedevelopMent and Housing Authority, upon certaln terms and conditions, he presented same; whereupon, Hr. Thomas moved that the following Ordinance be placed u~on its first reading: (~22944) AN ORDINANCE authorizing the City"s conveyance of six (6) parcels of land =~ned by the City in the Galnsboro Project area to the City of Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES= Messrs. Garland, Nubard, Lisk, Taubman, Thomas, Trout and Mayor Taylor ................................. NAYS: None ........................0. COMPENSATION BOARD-BUDGET: Council having directed the City Attorney to prepare the proper measure requesting that the State Compensation Board exercise greatest restraint in approving and fixing salarles and expenses of the State offices o£ the City of Roanoke under the jurisdiction of that Board, he presented same; whereupon, Hr. Taubman offered the following Resolution: (~22945) A ESSOLUTION requs6ting the itat~ Co=~ensation Eoard to exercise greatest restraint in approving ~nd fixing salaries and exp~nses of the State offices of the City of Roa/~oke under the ~urisdiction of that Board. Mr. Tauhm~n moved the adoption of the Resolution. The motion was seconded by Hr. Hubard and adopted by the followlng vote: AYES= Messrs. Garland, Hubard, Lisk, TaoBm~, Thomas, Trout and Mayor Taylor ................................. NAYS: None ........................0. 209 2.10 SPECIAL pERHITS-ZONING~ Cotmcil having direct~ the City Attorney to prepare the proper measure grmlt~lg a special waiver for a period of one year of ~hat part of ~he Zoniz~g Ord~uta~ce applying to mobile C-1, Off,ce ~ lnst~tutiona~ Dls~ct~ of C~pter 4.1~ Zon~ng~ of T~tle Cons~ct~on, Alteration ~d Use o~ ~d, BulldOgs ~d O~er St~ct~es~ of The C~e of the C~ty of R~oke, 1956~ as ~ded, ~n ~ts applicat~on to the ~b~le h~ of ~. R. A. ~ark, l~ated in ~e sou~western quadr~t of ~e C~ty, he presented s~l whereupon, ~. H~ard offered ~e foll~ng Resolution~ (%22946) A ~SOL~ION granting a s~c~al waiver for a one year of that part of the s~sect~on ent~tlea "Prohibite~ uses and structures' applying to ~b~lu h~es, of Sec. 8. C-10ffic~ ~ Znst~tut~onal D~s~r~ct, of Chapter 4.~. Zoning, o~ Tltl~ ~ Construction, Alteration and Use of ~nd~ Buildings an~ O~er St~ct~es, of The C~e Ro~oke, ~956, as ~ended, ~n ~ts application to the ~b~le h~ o~ ~. R. A. Roark, l~ated ~n the Soul, stern quartet of ~e City. Hr. H~ard moved ~e adoption of ~e R~so]ut~on. The ~t~on was seconde~ by ~. L~sk and a~optedby the following vote= AYe: Hessrs. Garbed, H~ard~ L~k~ Ta~ Th~s, Trout and ~ayor Taylor .................................... NAYS= None ...........................0. ~ter ~g ~e meeting, ~. ~uglas R. ~artz~ Attorney, repre- sent~ng~. Roark, ap~ared before Cocci1 and requested ~at the Resolution be wi~a~ s~nce h~ would l~ke to s~t ~ r~uest to ~e Board of Zoning Appea~s for cons~deratlon. Mr. Th~s moved that Co~c~l reconG~der its previous action relatlve to ~e adoption o~ Resolution No. 22946. The motion was seconded bye. Trout and ~ous~ ~. ~s moved ~at Resolution No. 22946 b~ repeale~ ~d ~at ~. Swartz be a~l~e~ to w~th~aw ~e it~ from ~e City Co~c~ agenda. The motion wa~ secon~e~ by ~. Trout a~ ~ously adopted. HOTIONS ~ HISCE~S BUSI~SS= NO~. OTHER ~INGS OF ~ET= ~. J~es Ha~ey, 2056 H~or~al Avenue, S. W., a property ~er, appeared before Cocci1 in rafer~ce to ~e 1976-77 fisca~ year budget, a~v~s~ng that out of ~e s~ ~ro~osed t~ ~ncreases, fo~w~Z1 d~rectZy cost h~ ~ney, that it is a~ost ~poss~le for a person to buy ~ older h~e, convert it ~nto ap~ts ~d realize ~y pro[~t~ ~at ~e on~ per cent advert~s~g t~, the 25 per c~t ~crease on water rates an~ ~e garbage collection fee will all cost h~oney ~ he, ~ t~, will hav~ to pass ~ese ~end~t~es on to h~s t~t~. Mr. Garland questionedMr. Harvey as to whether or not, in lieu of those additional taxes, he would prefer a real estate tax increase for X number of dollars, assuming the city needs the additional revenue~ whereupon, ~ro Harvey replied in the negative! and}ir. Garland further questioned where he would suggest getting the additional money since the city cannot enact a sales tax or a payroll taxw and Hr. Harvey replied that the city is going to have to tighten its belt Just as eye.lone else is doing. A general discussion was held in reference to citizen input received by CounciLmen during the week concerning the $3.00 garbage collection fee at which time it was indicated that the matter will be discussed further at a later date. There being no further business, the Mayor declared the meeting adjourned. APPROVED ATTEST: ~g~i~t~_~ City Clerk Hayor [ 21'2 COUNCILw REGULAR NEETING, Tuesday, June i, 1976. The Council of the City o£ Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City Of Roanoke, at ?z30 p.m., Tuesday, June 1, 1976, wlthHayor Noel C. Taylor presiding. PRESENT= Councllme~ Robert A. Garland, William S. Hubard, David K. Llsk, Nicholas F. TaUl~na~, Hampton W. Thomas (arrlvod late}, James O. Trout and Mayor Noel C. Taylor ........................... 7. ABSENTz None ............................0. OFFICERS PRESENTI ~r. Byron E. Haner, City Managerl Nr. Sam H. McGhee, ZII, Assistant City Manager~ Fir. Ja~ee N. Kincanon, City Attorneyl Mr. James E. Buchholtz, Assistant City Attorney~ Mr. A. N. Gibson, Director Of Finance~ and Mrs. Mary F. Parker, City Clerk. INVOCATIONI The meeting was op~ned with a prayer by the Reverend Wayne Fours, Chaplain, Roanoke Memorial Hospital. MINUTES= Copies of the minutes of the regular meeting held on May 10, 1976~ and the regular meeting held on May 17, 1976, having bee~l furnished each member of Council, on motion Of 14~. Trout, seconded by lit. Tauhma~ and adopted, the reading thereof was dispensed with slid the minutes approved as recorded. ~]~AI~ING OF CITIZ~S UPON PUBLIC MATTE~S~ ZONING: Council having set a public hearing for ?~30 p.m., Tuesday, June 1, 1976, on the request of Mr. Steven D. G~tt, et tut., that property located at 1736 Memorial Avenue, S. W., Official Tax No. 1330402, be rezoned from C-l, Office and Institutional District, to C-2, General Co~ercial District~ the matter was before the body. In this connection, the City Planning Commission subnhttted a written report reco~nnending that the request be denied. (For full text, see report as filed in the City Clerk's Office.) Mr. Joseph P. Bounds, Attorney, representing the petitioners, appeared before Council and advised that his clients o~rn a two story building on this property and plan to use the building for the sales and service of Hoover vacuum cleaners, that the use would not be detrimuntal to the neighbor- hood and a C-1 designation is not the best use for the property. ~r. Lisk stated that this request for rezoning has been before Council on at least two occasions in the past and each time has been denied, that the City Planning Conm~sslon is trying to hold the line to the business sector in the Grandin Road area, that even though the request is a good one and the inten~ is also good, it ope/Is the rezoning of a residential block for the type of business that could be u~desirable for the future of the area. Approxinately ten IMrsons we~n present i~ opposition to t. he request, After a discussion with the Manager of C~t¥ Planning relative to ~e re~r2 of the Pla~g C~ssion~ ~. Llsk ~ved that Co~cil conc~ ~ · ec~endation of ~e PI~9 C~ssion ~at ~e ~equesk for rezoning be denied. The motion was seconded by ~. ~ouk and adopted by ~e foll~ln~ voke~ AY~ Hess~s. Ga=l~d, H~ard~ Llsk~ Ta~n. Th~s, T~OU~ and ~yor T~lO~ .................................... 7. ~YS: Hone ........................... 0. ZONING= CO~C~l ~v~ng set a p~l~c hearing [or 7:30 p.m., ~esday, J~e 1~ 1976~ on the re,est of C. F. Slsler heirs, NoIv~n S. Aust~ and Hel~ S. Aust~ ~t ~=tee~ lots ~ated at ~e sou~easterly ~ntersect~on o~ Hollins Road and ~son ~ Road, N. E., ~g descried as ~t Nos. 2, 3, 4, 5, 6, 7A, 8, 9, and ~ose ~rtions OE ~t ~ not ~n ~e fl~ pla~n~ ~d ~t 100 X 125 f~t 'acreage'~ according to ~e ~de for C. F. S~sler he,rs ~d being of record in 2he C~erk~s Off~c~ o~ ~e C~rcu~t Court of the C~ty of R~noke, Virginia, ~n ~p ~k 1, pa~e 35~ ~ rezoned from ~, Duplex Res~d~tia~ D~str~ct, to ~, Light~ufactur~g D~ct, the ~tter was before the ~y. In this connection, the City Plying Co~ission s~tted a ~tt~ re~rt recording ~at ~e request b~ approved. (For ful~ text, see re~rt as filed ~ ~e City Cler~s office.) ~. W. G. Creasy, Attorney, appeared before Co~c~l ~n ~u~port of the request of his No one appearing in o~osition to ~e request, ~. ~o~s moved that the foll~g Ord[n~ce ~ placed upon its first reading= (~2294~} ~ O~I~CE to ~d Title ~, Chapter 4.1, Section 2, of The C~e of ~e City of Ro~oke, ~956, as ~ended, ~d Sheet No. 312, Sectional [~66 Zone Map, C~ty of Ro~oke, ~n relation to ~on[ng. The motion was seconded bye. Trout and adoDted by ~e following Mayor Taylor ................................... NAYS= None ..........................0. S~TS ~ ~YS: Co,oil having set a p~lic hearing for 7=30 p.m., ~esday, J~e 1, 19~6, on ~e request of Ha~e Apparel, Inco~orated, to vacate, ~scont~nue an~ close a certain ~ort~on of Thir~ Street, N. W., t~ alleys ~ntersect[ng wi~ Third Street between Center Avenu~ ~d ~udon Avenue and a port~on of Second Street, N. W.~ ~e ~tter was befor~ ~e b~y. In ~ co~ection, ~e City Pl~n~g Co~ss~on s~tted a ~[tten report reco~end~g ~at ~e request be approved w~ the rese~atton of utility easy, ts (~e portion of Second Street for clos~e was close~ by Ord[n~ce No. 503~}. [For full text, see re~ort as f~led ~n ~e City Clerk's Office.) 213 214 The viewers appointed to view the st. Feet end alleys sulmitted a written report advising that ~hey have viewed ~he street and alleys in question and they are unanimously of ~he opinion ~hat no inconvenience would result, either to any individual or to the public frc~vacating, discontinung and closing the alleysr however, they are unanimously of the opinion that Third Street, N. W.~ should not be closed. (For full text, see report es flied in the City Clerkte Office.) Mr. Willie H. Dillard appeared before Council and requested, on behalf of himself and the Galnsboro PAC Board of Directors, that sc~e type of pedestrian passageway be provided on Third Street in order for pedestrians tO get to Center Avenue and downto~l Roanoke. Hr. Richard F. Kurshan, Attorney, representing the petitioner, appeared before Council in support of the request of his client and advised that such a passageway will be provided. NO one appearing in opposition to the request, Hr. Trout moved that the following Ordinance be placed upon its first reading: (J22948) AN ORDINANCE permanently vacating, discontinuing and closing (a) a certain portion of Third Street, N. W. lying between Center Avenue, N. W. and Loudon Avenue, N. W.I (b) a 12-foot wide alley lying east of Third Street, N. W. between and parallel to Center Avenue, H. W. and Loudo~l Avel~ue~ ~. W. extending easterly fr~u its intersection with Third Street, N. W. to its inter- section with the middle point of Second Street, N. W. (closed by City council Ordinance iS03?, December 18, 1936); (e) a 10-foot wide alley lying west of Third Street, N. W. between and parallel to Center Avenue, N. W. and Loudon Avenue, N. W. extending westerly from its intersection of Third Street, N. W. 214.54 feet. The motion was seconded by Hr. Lisk and adopted by the following Vote: AYES= Messrs. Garland, Hubard~ Lisk, Taubman, Thomas, Trout and Mayor Taylor ................................ 7. NAYS: None .......................0. ZONING: Council having set a public hearing for 7:30 p.m., Tuesday~ June 1, 1976, on the request of O. a. and Mary E. Aliff and LaUra Virginia Irving by her committee Dorothy I. Grubbs, that property located at the north- west corner of Forest Park Boulevard and Melrose Avenue, N. W., described as part of Lot 4, Block 2, Map of Forest Park, official TaX Nos. 2431613 and 2431614, be rezoned from C-1, Office and Institutional District, to C-2, General Commercial District, the matter was before the body. In this connection, the City Planning Commission submitted a written report reconanending that the request be denied. (For full text, see report es filed in the City Clerk's office.) Hro J° Do Logan, III; Attorney, represent~ng ~he petitioners, appeared before Council in support of ~he request o~ his clients nad advised ~hat it is proposed ~hat a Church Fried Chicken Restaurant be constructed on the property, that the City Planning Co~lssion reccmnended against the rezoning and said the property west of Forest Park Boulevard should be maintained as Office and Institutional because it is presently utilized as residential, that there is no demand for residential or office use in this block, the properties are deteriorating, that a n~nber of people in the area have their properties for sale but cannot find buyers, that there was no Opposition expressed at the hearing before the City Planning Co~ssion, and presented a petition signed by every owner of property in the block advising that they have no objection to the request for rezoning. Upon question by Cokulcll, the Hanager Of City Planning advised that the area east of Forest Park Boulevard is C-2, the area to the west is C-I, that there are sc~ua very sound structures in this area and C-2 is not the best use for this particular parcel of land. Councilmen Thomas a~d Hubard suggested that if this request is approved, other requests o~ the same nature will possibly follow and it might be equally favorable to consider the whole tier Of lots rather than just the lots on the corner. Approximately ten persons appeared before Council in support of the Hr. Trout moved that Council co~cur in the request for rezoning and that the following Ordinance be placed upon its first reading= (%22949) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Co~e of the City of Roanoke, 1956, as amended, and Shear No. 243, Sectional 1966 Zone Map, City Of Roanoke, //1 relation to Zoning. The motion was seconded by Hr. Garland and adopted by the follow£ng vote: AYES= Hessrs. Garland~ Hubard, Lisk, Taub~an, Thomas, Trout and Mayor Taylor .................................... NAYS: None ...........................0. Hr. Thomas moved that the City Planning Co~ssion be requested to consider rezoning the remainder of the block in light of the above action taken by Council and submit its report and recommendation to Councll at a later date. The motion was seconded byHr. Trout and unan/~ously adopted. STREETS AND ALLEYS: Cokulcll having set a public hearing for p.m., Tuesday, J~le 1, 1976, On the raciest of Wilson Trucking Corporation ~nd Gilbert Associates, Incorporated, to vacate, discontinue and close certain portions of Larchwood Street and Indiana Avenue, N. E., as it pertains to Larchwood Street, the matter was before the body. 215 2:[6 In this coanectlon, the City Planning Commission sub~/tted a written report reco~ending that the requesh as it pertains to Larch~ Street be granted~ ~lt~ necessa~ resez~zation of utility ease~ents~ and advisin~ that the Indiana Avenue closing was tabled. (For full text, see report as filed in the City Clerk's Office.) With reference to the ~atter, a ccu~unication from H~. De~ood Re Rusher, Attorney, representing the petitioners, requesting that the public hearing be continued until June ?, 197t, so that the Planning Con~ission at its dune 2 meeting can act on the Indiana Avenue street closing, was before Cou~cllo H~o Thomas moved that Council concu~ in the request and that the public hearing be continued until Honday, ~une 7, 1976. The motion was seconded by Hr. Trout and unanimously adopted. TRAFFIC: Hr. Jack Ao Winders, Presidentt Downtown Roanoke, Incor- porated; }ir. G. Neal~addox, Jr., Chaiz~an of the Hail Committee; and Hr. William R. Hill, Executive Vice President, Downtown Roanoke, Incorporated, appeared before the body and requested that Council take whatever action appropriate to deter~ne if ftulds can be obtained through the Autca~oblle Restricted Zone Program to finance a significant pedestrian improvement program in the downtown area. (For full text, see co~municatlon as filed in the City Clerk's Office.) After a discussion of the matter, Hr. Lisk moved that the request be referred to the City Hanager to make proper application without any co=~aitment of city funds. The motion was seconded by Hr. Thomas and unanimously adopted. PETITIONS AND COMHUNICATIONS: SCHOOLS-STt~EETS AND ALLEYS: A co~u~ication from the Roanoke City School Board requesting approval of a~ attached Resolution with regard to providing parking facilities ior Woodrow Wilson Junior High School and Raleigh Court Park, was before Council. (For full text, see communication and Resolution as filed in the city clerk's Office.) Mr. R. P. Via, Director of Butldi~gs and Grounds, Roanoke City Schools, appeared before Council and advised that the Board is requesting that the street he closed in order to construct a parking area for the school and park, that none of the playground area will be used a~d the bali field will re~ain in tact, that the street is not being used at the presealt time, but has never been officially closed end, in effect, is a paper street. Mr. Thc~as moved that the request be referred to the City Planning Commission for study, report and recommendation to CoUncil. The motion was seconded by Mr. Trout and ~nani~ously adopted. Mr. Richard G. Young appeared before Council and asked if planning is coordinated when a request comes from the School Board without having gone to the City planning Commission first, and in addition, the people in the communit, are concerned because they are not aware of what is untaiied in the plans and requested that Council confer with the locality before it does anythillg that involves oity property or School Board property. At the request o£ certain me~ezs o£ Cou~cllt the ~ayor clarified his r~es2 by s~t~ ~ ~stead oE a $1 ~ll~on cut In ~e Sch~l ~ard budget, ~ere ~ould be a ~00,000,00 cut In order to all~ for a 2.5 pe~c~t pay increaee for all ~lo~ees co~ected ~1~ ~e sch~l syst~. Conce~ ~as ~essed b~ c~ta~ ~s of Co~cil as ko h~ ~e ~500,000.00 ~hich ~as reins~d In ~e Sch~l ~ard budget ~lll be dealt ~1~ ~he~eupon, ~e Su~rint~den~ o[ Sch~ls s~ed ~a2 his ~ec~ndation to ~e Sch~l ~ard will be a flat $40.00 per ~n~ ~r ~loyee wi~ no ~r~t increase for all pro[ess~ona~ ~rso~el~ ~d, ~[ Cocci1 g~s along wi~ ~e recordation of ~e ~yor for ~e $~00,000.00 additional, he wou~d be ~ncl~ne~ to rec~end to the ~ard ~at ~t not charge $75.00 for s~er ~ch~l per seconda~ sLudent this s~er. In a discuss~on a~ to h~ ~e Sch~l Board arrived at the $40.00 ~r ~n~ f~gure, ~d additional f~ds which will ~ needed to provide city workers w[~ the 2.5 ~r c~t pay ~crease, wherein ~e City ~na~er pointe~ out ~at if he used ~e s~e fo~ula which Dr. Pack used~ ~s would ~o~t to $25.00 per city ~ployee per ~n~ across-~e-board ~nurease. Dr. Pack stressed the fact that insofar as ~e classified ~erso~el are concerned, the ~ar~ has never dealt wi~ those salaries ~d ~[s has a~ways been left in the hands of Co~cil~ that the Board does not w~t to get into ~e position of est~lish~ng the a~ass~f~ed sala~ syst~ for the City of Ro~oke and if ~e $100,000.00 additional ~s appropriated, he will rec~end to ~e Board a 2.5 ~er c~t increase for al~ classified perso~el. ~. Th~s statea ~at Co~cil ~de certain ~tions on May 28~ ~d it appears ~e Sch~l Board ~s t~ng to c~p~y w~ ~ose motions, hut s~ce there r~ins t~e ~n which to work out certain details and to prev~t the c~ty from, ~n effect, negotiating wi~ ~elf, it would a~ear ~at the City ~nager and the Director of Fin~ce could meet w[~ Dr. Pack to see if ~ey could discuss the two pay plus, ~d get ~e City M~ager~s approach to as near 2.5 per cent as posslble, but if ~ere must ~ ~eviations, to deviate ~ ~e s~e fashion, and c~e back to Co~c~l wi~ a recordation as soon as possible. ~. ~s ~en ~ved ~at ~e City Manager aha ~e Director of Finance be requeste~ to meet w[~ Dr. Pack or his repres~tative to review ~e overall s~tuat[on of the pay ~ncreases for bo~ Sch~l ~ard ~[oyees ~ c~ty ~loyees and s~it a re~rt to Cocci1 as s~n as poss~le. The motion was seconded by ~. Hu~rd. ~. Lisk offered a s~stitute ~tion ~at Co~cil conc~ ~n ~e re,est for ~e additional $100,000.00 to cover classified ~loyees of ~e Soho1 Board and ~t the ~tter of a 2.5 per c~nt pay raise be resolved betwe~ ~e city a~strat[on ~d ~e s=h~l a~n~stratlon in ~ effort to t~ to work out a proper fo~ula wi~ a report back to Co~ct~ ~d ~e School The motion failed for lack of a second. The City Hanager s~ated ~hat if school personnel get 2.5 per cunt ~nd above pay raises, then city e~n~loyees should get the same and it should be based on the same formula. The original motion was then adopted by the following vote= AYES= Hessr8. Garland, Hubard~ Lisk~ Tau~,~, Thomas, Tront and Mayor Taylor .................................... 7. NA¥St None ...........................0. RADIO-TELEVISION~ A communication frozE. K. Mattern, Executive Vice President~ Roanoke Valley Cablevision, Incorporated, advising of a possible dispute with First Cc/m~unications Company over fee paymunts and conkract performance, and stating that Roanoke Valley Cablevision, Incorpora- ted, assumes full responsibility and agrees to hold the City of Roanoke, County of Roanoke and Town of Vlnton harmless in the matter~ was before Council. (For full text, see connnunication as filed in the City Clerk's Office.) Hr. Garland moved that the communication be received and filed. The motion was seconded by Hr. Tauhman and unanimously adopted. CO~LHISSIONER OF REVENUE-COMPENSATION BOARDs A co~munication from the Commissioner of Revenue requesting approval to fill a vacancy in his office, due to the resignation Of a keypunch Operator, effective May 31, 1976, was before Council. {For full text, see communication as filed in the City Clerk*s Office.) Hr. Garland moved that the ~atter be referred to the City Attorney for preparation of the proper measure approving the request. The motion was seconded by Mr. Hubard and unanimously adopted. STREETS AND ALLEYS= An application from Hr. Claude D. Carter, Attorney, representing Forest Park Baptist Church and its Trustees Charles E. Warren, Sr., James E. Humphries and C~oyd W. Bocock, requesting that certain alleys located in Block 2, Horton Place Subdivision Map, lying bet- ween Lots 6 and 7, Lots 8 and 9, Lots 10 and 11, and Lots 12 and 13, be vacated, discontinued and closed, was before CoUncil. (For full text, see application as filed in the City Clerk's Office.) Hr. Hubard offered the following Resolutlon appointing viewers: (%22951) A RESOLUTION providing for the appolnt~ent of three viewers in counec2ion with the application of the abutting landowner to permanently vacate, abandon, discontinue and close certain alleys located in Block 2, of the Horton Place subdivision Hap, lying between Lots 6 a/Id ? a~d betweun Lots 8 and 9 and between Lots lO and ll an~ between1 Lots 12 and 13, thc said lots being further identlfle~ by Roanoke City Official Tax Numbers as follows: LOt ? being No. 2420117~ Lot 8 ~elng No. 2420116~ Lot 9 being No. 2420115~ Lot 10 being No. 2420114~ Lot 11 being No. 2420113~ Lot 12 being No. 2420112~ and Lot 13 being No. 2420111~ which said loks are owned by the Forest Park Baptist Church. (For full text of Resolution, see Resolution Book No. 219 22O H~. Nuba~d moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following votes AYES: Hessre. Garland, Eubard~ Llsk, Ta,~ Tho~as~ Trout and Mayor Taylor ....................................... ?. NAYS~ None ..............................0. Hr. Hubard moved that the request be referred to the City Planning Comm~ssion for study, report and reco~mendation to council. The motion was seconded by Hr. Garland and unanimously adopted. REPORTS OF OFFICERS= BUDGET-~GE ~EHOVAL= The Clty Manager subm/tted a written report recc~mendtng that $2,000.00 be transferred from Contractual Services to Utilities and communications under Section [269, 'Refuse Collection,' of the 1975-76 budget, to provide funds for the r~mainder of the fiscal year due to an increase in the city's base rate for electrical service. (For full text, see report as filed in the City Clerk's Office.) Hr. Trout moved that Council concur In the report and offered the following emergency ordinance: (122952) AN ORDINANCE to amend and reordain Section 1269, 'Refuse Collection,' of the 1975-76 Appropriation Ordinance, and providing for a~ e~nergency. (For full text Of Ordinance, see Ordinance Book No. Hr. Trout moved the adoption of the Ordinance. The motion wa~ seconded by Hr. Taub~an and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taubman, Thomas~ Trout and Mayor Tay[or .................................... 7. NAYS: None ............................ 0. SPECIAL PEP/~[TS-ST~ETS AND ALLEYS: The City Hanager s~Bm{tted a written report in connection with the request of Warehouse Enterprises, Incorporated, for a~ encroachment upon city property for construction of a loading dock which would extend approximately i 1/2 feet into the right of way of Virginia Avenue, S. W., recommending authorization of a revocable pern~t allowlng said emcroachmnnt upon certain te~ and conditions. (For full text, see report as filed ~l ~he City Clerk's Office.) Hr. Hubard moved that Council concur in the report end that the follow~ng Ordinance be placed upon ~ts first reading= (S22953) AN ORDINANCE per~tting a~ emcroachment of a loadlng dock of Warehouse E~terprises, Inc., located on property at 902 13th Street, S. W., bearing Official No. 1221201, one and one-half (1~1/2) feet into the south right-of-way of Virginia Avenue, S. W., for a distance of four (4) feet, upon certain ter~ and conditions. The motion was seconded by H~. Llsk and adopted by the following AYES: Messrs. Garland, Hubard~ Llsk, Ta-~-, Thomas, Trout and Mayor Taylor ...................................... NAYS~ None .............................0. ANNEXATION-FIRE DBPART~ENT-STP~ET LIGHTS-STI~ETS AND ALLEYS~ The City Manager subn~tted a written report advising of certain actions taken in connection with a request of residents of the Ro!ling Woods S~bdivision for installation of fire hydrants, a sulrvey for Installation of street lighting and repair of potholes In Mountain Road, N. W. (For full text, see report as filed in the City Clerk's Office.} Mr. Tau~manmoved that the report b~ received and filed. The motion was seconded by Mr. ThC~nas and tl~an~mously adopted. CITY EMPLOYBBS-LIB~RIES~ The City Manager sul~nitted a written report rectmu~ending granting a leave of absence for educational purposes in accordance with Title II, Chapter 3, Section 16, of The code of the City of Roanoke, 1956, as amended, toMrs. Demetria Renee Lewis for the period from June 1, 1976, to May 31, 1977, in order for her to Obtain aM aster of Science degree in Llbrary Science. (For full text, see report as filed in the City Clerk's Office.} ~r. Thomas moved that Council concur in the report and offered the following Resolution: (~22954~ A RESOLUTION approving the granting of a leave of abs~ce for educational purposes to De~etrla Relies Lewis, Librariall I, at the Melrose Branch Library. (For ful! text of ~esolutlon~ see Resolution Book No. Mr. Thomas moved the adoption of the Resolutlon. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Bubard, Lisk, Taubma~, Thomas, Trout and Mayor Taylor ................................. NAYS: None .........................0. STATE HIGHWAYS= The City Manager su~itted a written report advising of a p~blic hearing scheduled by the Virginia Depart~nent Of Highways and Transportation Commission on Wednesday, J~ne 9, 1976, at 9 a.m., in The Hotel Roanoke, for the purpose of receiving public con~ents concerning tentative allocations of funds for interstate, primary and urban highways and mass transit for the 1976-77 fiscal year, stating that he would appreciate participation in said hearing by the members of Councll. (For lull text, see report as filed ~n the city Clerk's Office.) Mr. Thomas moved that the r~port be received and filed. The motion was seconded by Mr. Ta~h~n and th~animously adopted. GRANTS-BUSES: The City Manager su~alltted a written report recommend- ing authorization to furnish the Virginia Department of Highways and Tra~nsportation with such docu~e~lts and other information as ~ay be required for 221 222 processing a grant application fo= an authorized 9rant of regional transport~- tion special revenues for ~30~000.00 to defray part oi the bus system's admini- strative costs in fiscal years 1977-1978. (For full text, see report as flied In the City Clerk's Office.) Hr. Tender-u moved that Council concur in the report and offered the following Resolution~ (122955) I RESOLUTION to authorize the City l/anager, for and on behalf of the City of Roanoke~ to a~ke application to the Department of ways and Transportation of the Commonwealth of virginia for a grant of regional transportation special revenues, budget item (Cr~onwealth of Virginia) 826-e, in the amount of ~30,000.00 (~15,000.00 for the first year and $15,000o00 for the second year) to defray the ad~inistrative expenses of the Greater Roanoke Transit Company, and to accept from the Virginia Depart~nent of Highways and Transportation grants in such amount as may be awarded~ and to authorize the City Hanager to furnish to the Virginia Depar~nent o£ Bighways and Transportation such documents and other information as may be required for processing the grant application. (For full text of Resolution, see Resolution Book No. Hr. Taubman norad the adoption o£ the Resolution. The motion was seconded b y Hr. Trout and adopted by the following vote: AYF~: Hessrs. Garland, Hubard, Lisk, ~aub~an, Thomas, Trout and Mayor Taylor ................................... ?. I~AYS: None .......................... TP~FFIC: The City Hanager submitted a written report in connection with traffic control on Broad,ay at Stephenson Avenue, S. ~., advising that the city,ill install a 'Do Not Block Intersection' sign on the northwest corner of the intersection facing tra££ic approaching from the east, to be supplemented with a painted 'Stop' bar, and ~lll widen the street pavement on Broadway between Stephenson and Franklin Road to permit t~o lanes traffic to approach Franklin Road from the east. (For full text, see repork as filed in the City Clerk's Of[ice.} ~r. Lisk aoved that the report be received and filed. The motion was seconded by Hr. Hubard and unanimously adopted. BUDGET-LIBPJLRIES= The City~ansger submitted a written report recc~mending an increase in the impressed fund o£ the library from to $80.00. (For full text, see report as filed in the City Clerk's office.) Hr. Thc~nas ~oved that Coacll concur in the report and of£ered the following emergency Ordinance appropriating ~30.00 to Petty Cash Fund under Section fiB0, 'Libraries,' of the 1975-76 (~22956) A~ ORDINANCE to emend and reordain Section f4a0, 'Libra- ries,' o£ the 1975-76 tppropriation Ordinance, and providing for an ~c. Th~a~oyed I~e adoption of the O~d~a~ce, '~ne~otion vas A~Sz Hessrs. Garland~ H~ard~ L~sk~ Tau~n~ Th~s~ Trout ~d ~yor Taylor ....................................... NAYS~ None ..............................0. T~FIC: The City ~ager s-~tte~ a ~tte~ re~rt In co~ection wi~ ~e r~uest of ~e First ~urch of ~e Bremen for installation sto~ signs on 20~Street and 21st Street at Carroll Avenue~ N. W.~ advis~g ~at ~e signs will ~ instaiXed on or ~fore J~e X, 1976. (For full t~t, see re~rt as filed In ~e C~ty Clerkts Office.) ~. L~k noved ~at ~e re~rt ~ received and file~. The ~t~on was seconded by Mr. H~ard and ~ously adopted. CO~CIL~ The City ~nager s~itted a written re~rt requesting ~ ~ergency ~ecut~va Sess~on to d~scuss a perso~el ~tter. ~. Th~s moved that Co~cil conc~ ~n ~e request. The motion was seconded by Mr. Ta~ and adopted by ~e following vote= AYe: Messrs. Garl~d~ Hubert, Lisk~ Ta~ Th~s, Trout and Mayor Taylor ................................. NAYS= None ........................0. BO~S-P~ING ~GE-~G~Oi~ JAIL-SCHWa: ~ City Attorney su~itted the foll~ing re~rt trans~ttiag a Resolution providing for advertis~ent for bids for purchase of $5,500,000.~0 parking $~,000,000.00 jail and $~0,815,~00.00 p~lic sch~l ~ov~ent general obligation bonds of ~e city, and a aesolution providing for a specia~ meeting of Co~c~l to be held on J~e 2~, 19~6, at 12~00 o~clock, noon, p~ose of receiving, op~g and ac~ing upon sai~ bids. The Honor~le Mayor and ~ers of ~oanoke City Co.oil, Roanoke, Virginia Re= Sale of ceftin au~orized ~eral obliqa~ion Agree~le to ~e Director of Fin~ce, I shall preset to ~e city Cocci1 at its ~eting on J~e 1, 19~6, ~e following: A. A resolution providhg for ~e a~ve=tis~t for bids for purchase of ~he $5,500,000 parking facility, $6,000,000 ~all and ~lic school ~rovu~ g~eral obligation bonds of ~e city au~orized by ordinances heretofore adopted by ~e Cocci1. A resolution providing for a Special ~ee~ing of ~e ~o~cll ~o be hel~ J~e 2~, 19~6, at 12:00 o~cl~k, n~n, EDST, for ~e p~se of receiving, o~nlng and acting upon bids whi~ ~y ~ received for ~e p~chase of ~e afore- said bonds. 223 224 You will please note that the proposed resolution directing adveEtisement for blds for the pt=chase of said hondo would require that bide be made for all but not less than all o£ said bonds and that payment for said bends upon thelr delivery to the successful purchaser be made in Federal funds, thio'last pro- vision being made so as to permit Of investment of the proceeds of sale in New York on the same day of their receipt! otherwise, other details of the advertisement and sale are normal to the usual procedures of the Council. Additionally, and if detalls of proposals which may be made to the City by certain banks have at that time been completed, a measure may also be presented to the council providing for the designation of a paying agent or agents for the purpose of the above three bond issues. Respectfully, S/ J. N. Kincanon J. No Kincanon' Hr. Hubard moved that Council concur in the report and offered the following Resolution: ($22957) A RESOLUTION authorizing the advertisement and offering for sale of the $5,500,000 General Obligation Parking Facility Bonds of the City of Roanoke authorized to be issued and sold by Ordinance NO. 21044 of the City Council as amended by Ordinance No. 22391 of said Council, the $6,000,000 General Obligation Jail Bonds of said City authorized to be issued and sold by Ordinance No. 22690 of said City Council, and the $10,815,000 General Obligation public School Bonds of said City authorized to be issued and sold by Ordinance No. 22768 of said City Council. (For full text of Resolutiont see Resolution Book No. Mr. Hubard moved the adoption o[ the Resolution. The motion was seconded by Hr. List and adopted by the followlng vote: AYES: Messrs. Garland, Hubard, Lisk, Taubman, Thomas, Trout and Hayer Taylor .................................. 7. NAYS: None .........................0. Hr. Hubard offered the following Resolution providing for a Special Meeting of Council to be held on Wednesday, June 23, 1976, at 12:00 o~clock, Neon, Eastern Daylight Saving Time for the purpose of receiving, opening and considering the bids: (#22958) A RESOLUTION providing for a Special Neeting o~ the Council to be held on wednesday, June 23, 1976, at 12:00 o'clock, Noon, Eastern Dayllght Saving Time. {For full text of Resolutiont see Resolution Book No. Mr. Hubard moved the adoption of the Resolution. The motion was seconded hy Mr. Garland and adopted by the following vote: AYES: Messrs. Garlandw Hubard, List, Ts-t~,a~, Thomas, Trout and Mayor Taylor ................................. NAYS: None ......................... ANNEXATION~ The City Attorney submitted a written report transmitting copy of a motion made by the County of Roanoke to the three-judge Annexation Court moving that Court to reconvene for reasone set forth in said motion. (For full text, see re~ort ~nd~otlon as £11ed in the City Clerk's Office.) ~r. Tau~nan moved that the report be received and filed. The motion was seconded by Itt. Lisk and unanimously adopted. TP~FFIC: The Assistant City Attorney auh~tted a written report recc~mending that Section 159, Same - Yehicle not redeemed within ninety days, Chapter 1, Traffic Co~e~ Title ~VIII, Ho=or Vehicles and Traffic, of The Co~e of the City of Roanoke, 1956, as ~nended, ~e amended, to provide for the dispos£- =ion by auction of those abandoned vehicles removed from public grounds of the city alld impounded by the city for more than ninety days. (For full text, see report as filed in the City Clerk's Office.) Mr. Liskmoved that Council concur in the report of the Assistant City Attorney and offered the following emergency Ordinance: (%22959) AN O~DINANCE amending and reordaint/lg Sec. 159. Same - Vehicles not redeemed within ninety days, of Chapter 1. Traffic Code, of Title XVIII. Motor Vehicles and Traffic, of The Code Of thc City of Roanoke, 1956, as amended, to provide for the disposition by auction of those abandoned vehicles removed from public grounds of the City and stored by the City for more than ninety days. {For full text of Ordinance, see Ordinance Book No. Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by Hr. Thc~as and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taubman, Thomas, Trout al~d Mayor Taylor ................................... NAYS: None ..........................0. AUDITORIUM-COLISEUM-TAXES= The Director of Finance submitted a written report in connection with a meeting of the Director of Finance, the City Hanager and the Municipal Auditor, with the Treasurer, concerning the Treasurer's proposal for handling payments to promoters and other services for providing events at the Roanoke Civic Center, advising that they reject the Treasurer's proposal for various stated reasons and recommend the procedure which would be in effect if certain proposed Ordinances are adopted. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard offered the following e~ergency Ordinance recognizing and ~aking exception in the City Code for a special revolving fund bank checking account into and from which certain receipts and disbursements arising fro~ operation of the Roanoke Civic Center ~ay be deposited and with- drawn: (%22960) AN ORDINARCE a~ending and reordaining Section 1, of Chapter 2, Accounts, Warrants and Interest, of Title V. Finance, of The Code of the City of Roanoke, 1956, as amended, so as to recognize and make exception in said section for a special revolving fund bank checking account into and frcunwhich certain receipts and disbursements arising from operation of the Roanoke Civic Center may be deposited and withdrawn~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 225 226' H~o Nubardmoved the adoption o£ the o~dinanCOo ~he~Otion seconded b~ ~. Ta~ and adopted b~ ~e foll~ng VOter AY~ ~essrs. 6arl~d, H~ard, Llsk, Ta,,~, ~s, ~ou~ and Hayor Taylor ..................................... 7. NAYS: None ............................0. ~. Ta~ offered ~e foiling ~rg~ Ord~ce provid~g for the establis~t of a revolving f~d ~d a sep~ate b~ checking accost ~to and fr~which certain receipts and d~sb~s~nts co~ected w~ activities, enterta~nt shes ~d special events at said Civic Center ~y ~ depos~2ed and d~sbursed~ authorizing certain perso~el to s~ and co~ter- si~ checks dra~ on said s~cial acco~t~ ~d providing for f~del~ty ~nds to be required of such personnelt (S22961) AN O~IN~CE ~nd~ng and reordain~ng Sections 2~ 3, ~d 4, of Chapter 9, Civic Center Depar~ent, of Title VIII. of The Code of the City of Roanoke, 1956, as ~ded, relating to ~e Roanoke C~V~c Center~ the zat~o~ and procedures of that depar~t and ~e duties ~d res~nsibilit~es of certain of frs ~nag~ent perso~el so~ by such~en~ents~ to rec~n~ze ~e posit~on of ~nager as ~e head of said depar~ent; adding to sa~d chapter and t~tle a new section, to be n~ered section 4.1, providing for the est~lis~nt of a revolving f~d and a ~eparate b~ checking accost into ~d fr~which certain receipts and d~sburs~ents co~ected wi~ activit[es~ entertai~ent shes and special eve~ts at sa~d civic center ~y be ~e~sited and disb~sed; au~oriz[ng certain perso~el to sign and co~tersi~ checks dra~ on said special acco~t~ provid~g for fidelity ~nds to be required of such personnel; and providing for an ~ergency. (For full text of Ordin~ce, see Ordinance Book NO. The Director of F~n~ce suggested ~at the ~o~t of ~e fidelity bond be $250,000.00. Hr. Tarn moved the adoption of ~e Ordinance including the insertion of $250,000.00 as ~e ~o~t of ~e f~del~ty bond. The motion was Seconded by ~. Lisk and adopted by ~ roll,lng vote= Mayor Taylor .................................... NAYS: None .......................... 0. ~. Ta~ offered the foll~ing ~ergen~ Ordin~ce re[at~g to the City's a~ss[ons t~ and to report and r~t~ce ~eof by persons collecting such (~22962} ~ O~IN~CE to~d ~d reor~a~ Sec. 4. oE Chapter 5.1. of Title VI of ~e C~e of ~e City of Ro~oke, 1956, as ~ended, relatlng to the City's a~ss~ons t~ an~ to report ~ r~t~ce thereof by persons collect~g such tax~ an~ prov[d~g for ~ emergent. (For fu~ t~t of Ord~nance~ see Ord~n~ce ~ok No. 227 N~o Ta~h~ moved the adoption of the Ordinance. The motion was seconded by Hr, Llsk and adopted by the following vote* AYES~ Nessr8, Garland~ Hubard, Llsk~ Ta,~a~, Thomas~ Trout and Mayor Taylor ........................ ; ......... NAYS~ None ..........................0. Hr. Ta~n Offered the following emergency Ordinance relating to the duties of the manager of the Civic Center Department and to refund procedures a~ certain advance t~oket sales receipts= (S22963) AN ORDINANCE to ~mend and reordain See. 4, Chapter 9~ of Title VIII~ of The Code Of the City of Roanoke~ 1956, as amended~ relating to the duties of the manager Of the Civic Center Department and to refund proce- dures and Certain advance ticket sales recelpts$ and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook No. Mr. Ta~man moved the adoption of the Ordinance. The motion was seconded by Hr. Th~nas and adopted ~y the following vote= AYES: Messrs. Garland, Hubard, Llsk~ Tauhman~ Thomas~ Trout and ~ayor Taylor ..................................... ?. NAYS= None ............................0. Mr. Lisk offered the following emergency Ordinance providing for and controlllng the inyest~ent of funds of the city in excess of immediate requirements= (~22964) AN ORDINANCE a~ending and reorda[nlng Sec. 2~ of Chapter 3, Title V, Of The Code of the City of Roanoke~ 1956, as ~ended~ providing for and controlling the investment of funds o£ the City in excess of ~ned[ate requ£rements~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following vote: AYES= Messrs. Garland, Hubard~ Lisk, Taubman~ Thomas, Trout and Mayor Taylor ....................................... ?. NAYS= None .............................. BUDGET-DIP~ECTOR OF FINANCE= The Director of Finance submitted a written report in connection with the Meyercord system of stamping cigarettes recommending ~n~lementation of this procedure a~d appropriation of $2,592.00 for the purchase of a supply of Fuson stamps. (For full text, see report as filed in the City Clerk's Office.} Mr. Taubma~ ~oved that Cotmcil concur in the request of the Director of Finance and offered the following e~nergency Ordinance appropriating $2,592.00 to Supplies and Materials under Section %105~ 'Director of Finance,' of the 19~5-76 budget= (%22965) AN ORDINANCE to amend and reordain Section %105, 'D~rector of Finance,~ of the 1975-76 Appropriation Ordinance, and providing for an 228. Mr. TaUba~ moved the adoption of ~he O~na~ce. The motion was eeconded by ~r. H~ard ~d adopted b~ ~e ~o11~9 voter ~d ~yor Taylor .............................. 7. ~YSt None .......................... BU~-SCH~t The Director oE F[n~ce presented an Ord~ce t~t~vely a~pro~r~atJng f~ds for ~e f~scal year ~9~6-77 for the Ro~oke City Sch~[ ~ard, adv[s~g ~at [f adopted by Cocci1, ~[s Ord[n~ce will place the city [n l~e wi~ requ[r~ts of ~e State ~ard of Education for t~tat[ve adoption of said budget by ~y 31~ and if ~e f[g~es as con,[ned [n the Ordnance do not co~c[de with what ~e Co~cll finally approves~ the Ord~ce can be ~ended at a later date to reflect ~e revised figures. ~. H~ard offered the foll~ing ~ergency Ord[n~ce= (~22966) ~ O~IN~CE ~king appropriations for ~e Ro~oke City Sch~ls for the year beginning July 1~ 19~6 ~d ~d[ng J~e 30~ and declaring the existence of a~ ~ergen~. (For full text of Ordinance, see Ord[n~ce ~ok No. ~. Hubard ~Ved ~e adoption of ~e Ordin~ce. ~e motion was seconded by ~. ~s and adopted by ~e following vote: AYe= ~essrs. Garl~d, H~ard, Lisk, Te~an, Tho~s, Trout and Mayor Taylor ................................. ~YS= No~e ........................ 0. (For f~er action on Ord[n~ce No. 22966, see pages 2]4 ~d 235.) W[~ refer~ce to ~e overall budget and ~e ~tter of a t~ increase to be [~ose~ on t~le real estate and t~gible personal property, the C~ty Atto~ey adv~se~ that he has prepared a meas~e which w~[ provide for a p~l[c hearing on said t~ increase which will nee~ to be adopted by ~e Cocci1 [norde= for ~e p~[ic notice to appear in a local newspaper at least f[fte~ days ~r~or to the ~[[c hearing. ~ere was discussion as to whaler or not the pro, sad ~o~t of ~e t~ rate should be m~tioned in ~e Resolution ~d p~lic notice, wherein it was e~ressed by certain m~ers of Cocci1 ~at ~e f[~e of $4.10 per one h~dred dollars of assessed or o~er valuation ~y or ~y not be ~e figure ~at will be finally agreed upon, ~d ~e City Atto~ey advised ~at the rate should be set for~ as is ~e~g proposed, o~e~ise, ~ere would be no notice to ~e ~. Th~s moved ~at ~ p~[[c hearing be held on Monday, J~e 28, 1976, at 7=30 p.m., ~d ~at ~e rate be not more ~ $4.10 per one h~dred dollars assessed or o~er val~tion. The ~tion was seconded by ~. Tarn. ~n order to receive c~t~z~ input and be [na position 2~ewise to ~e alterations, if any, to ~e budget after receiving said citiz~ input~ Lisk offered a s~st[tute motto~ ~at ~e p~l[c hearing be held on ~onday, J~e 21, 1976, at T:30 p.m. ~e ~tion was seconded by ~. Garl~d ~d ~ous- ly adopted. -! Hr, Ts-~oved ~hat the ~f~u~rata to be set out in the Resolution and public no,ice ~ ~4.10 per one h~ dollars of assessed or o~e~ val~t~on. The ~tion w~s seconded by ~. H~a~d ~d~usly adopted. ~. Llsk ~ved ~a~ the p~lic hear~9 ~ held In ~e aibit Mall at ~e ~anoke CiViC Center. ~e ~21on ~as seconded by~. Garland ~d ~usl~ adopted. ~. H~ard ~en offered ~e foll~ln~ Resolution as ~nded~ ([22967) ~ ~O~ION seet~ a p~lic hearing ~o~e ~e on the p~o~sal of an ~nc~ease ~n ~e ~ate of ~ to be ~osed on t~le real 1~al t~ation In ~e City o~ Ro~oke fo= ~e t~ yea= c~cin9 ~anua~ [For full t~t oi Resolution, see Resolution ~k Hr. H~ard moved ~e adoption of ~e Resolution. The motion was seconded bye. Ta~ and adopted by the foll~ing Vote= Hayor Taylor ................................... NAYS: None ..........................0. AUDITS-CI~ C~-LIB~ES-POLICE DEP~-ENGI~ERING The H~icipa1 Auditor s~tted a ~itten re~rt tran~ttlng re~rts ~rom recently c~pleted audits o~ ~e Office of ~e City Clerk, Libra~ Deponent, Police Depar~ent and ~gineering and Building Inspection Depar~ent. (For full t~t, see re~rts as filed in ~e City Clerk*s Office.) ~. Trout~ved ~at ~e re~rts ~ received and filed. The motion was seconded bye. Th~s and ~an~ously adopted. Wi~ refer~ce to ~e collection of sewer assessments in ~e City Clerk's Office, ~. H~ard raised ~e question ii ~ere is ~y establish~ procedure whereby ~ese asses~ents are collected before ~ey reach ~e twenty year 5~tuto~ l~itation~ whereupon, ~e City Clerk advised that wh~ a sewer project is initiated by Cocci1, a bill is sent to ~e property o~er at that t~e, a lien is placed on ~e property ~til ~e assessment is paid ~ full ~d no f~er billing is provided for ~d it Is her rec~dation ~at collection of ~ese assessm~ts be ~sferred fr~ ~e City Clerk's Office to the City Collector's Office whereby follo~p billings ~y be ~de ~d fur~er added ~at ~is recordation has ~e conc~r~ce of ~e H~icipal Auditor. ~. H~ard moved ~t ~e ~tter of collection of sewer assessors be tr~sferred fr~ ~e City Clerk's Office to ~e City Collectorts Office and ~at ~a City Attorney be instructed to prepare ~e proof measure ~ending ~e Code of ~e City of R~oke, 1956, as ~ded, to properly provide for the tr~sfer. The motion was seconded by ~. ~s and ~an~usly adopted. ~PORTS OF ~USES-CI~ ENGI~ER: Hr. Garland, Chai~ of ~e Tr~s~rtatio~ Study Co--tree, s~tted a ~itten report in co~ection wi~ furze se~ic- ing of Valley He~o buse~ at ~e P~lic Wor~ Se~ice Center, advising it ~uld not be rec~nded t~t consideration be giv~ to const~cting ~ addition to ~e Center at ~is t~e, h~ever, Cocci1 should at a later date give serious consideration to ~s proposal when au~($c~ent ~ds are aFail~le. (For full text, see report aa filed ~1 the City Clerk's Office.) }tr. Garland moved that the report be received and filed. The motion was seconded by Hr. Thomas and unanimously adopted. AUDIT C(~ITTSE~ Hr. Eubard, Chairman of the Audit Con~aittee, submitted minutes of its meeting held on Hay 24, 1976, advising that it is the opinion of the c~tttee that some eleven recon~endations as contained in the minutes should be ~mplemented. (For full text, see m~nutes as filed Ln the City Clerk's Office.) Hr. Hubardmade the statement that when recommendations come frown the Audit Committee, they assume that the City}tanager Lm~lements those recommenda- tions as soon as possible. Hr. Hubard then moved that the minutes b~ received and filed. The motion was seconded by Hr. Taub~an and unanimously adopted, AIRPORT~ Hr. Trout, Chairman Of the Airport Advisory Co~nission. submitted a written report recc~nn~nding that the Airport Department staff be permitted to operate the fuel farm at the air~ort for an interim period beginning July 1, 1976, untll such t~me as piedmont Aviation, Incorporated, is ready to start operations with their fuel farm, and that a revolving account be established for this purpose. (For full text, see report as filed in the City Clerk's Office.} The Director of Finance requested that the report be amended to delete the words 'revolving account' and stated that an appropriation Ordinance will be brought to Council at its next regular meeting. Mr. Trout moved that the report be received and filed as ~manded by the suggestion of the Director of Finance. The motion was seconded by Hr. Thomas and unanimously adopted. Hr. Trout then offered the following Resolution= (%22968) A I~ESOLUTION authorizing and directing the City's temporary operation of the fuel farm at Roanoke Municipal Airport, Woodrum Field, commencing July 1, 1976. (For full text Of Resolution, see Resolution Book No. Hr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. List and adopted by the followlng vote~ AYES= Messrs. Garland, Hubard, List, Ta,,~n, Tho~asw Trout and Mayor Taylor ................................ 7. NAYS: None .......................0. SIDEWALK, CURB AND GUTTER-SEWEI~S A~B STORM D~AINS= A co~ttee appointed to tabulate bids received for new curb and gutterw entrances and related drainage items on Edgerton Avenue, 18th Street, and Riverdale Avenue, S. E., submitted a written report reco~mendlng that the low bid of H & S Construe- tioa Co.any, in the ~nount of $4?,566.00 be accepted. (For full text, see report as flied in the city Clerk's office.} !l Hr. Hubardmoved that Council concur in the report of the c~ttea and offered the following emergency Ord~nance~ (122969) AN ORDINAl/CE accepting the proposal of H & S Constxuction Company for the construction of concrete cu~b~ gu~ter, entrances and drainage facilities along various streets and avenues in the City of Roanoke~ authoriz- ing the proper City of£1cisls to execute the requisite contract; rejecting a certain other bid ~ade to the City! and providing for an emergency. {For full text of ordinance, see Ordinance Book No. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. List and adopted by the following vote= AYES= Hessrs. Garland, Hubard, List, Tat~a, Thomas, Trout and Ha¥or Taylor ................................... NAYS= None ..........................0o SIDE~AL~, CURB AND GUTTER= A co~ttee appointed for the purpose of tabulating bids received for new curb and gutter, entrances and sidewalk along King Street, So E., su~ittcd a written report reconnnendlng that the of H & S Construction Company, in the amount of $25,714o75 be accepted. (For full text, see report as filed in the City Clerk*s office.) Hr. List moved that Council concur in the reeon~endation of the committee and offered the following emergenc~ Ordinance: (~22970) AN ORDINANCE accepting the proposal of H & S Construction Company for the constrllotion of concrete curb, gutter, entrances and sidewalk along King Street, S. E., in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids ~hade to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by.the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taubma~, Th~s, Trout and Mayor Taylor .................................. NAYS= None ..........................O. UNFINISHED BUSINESS= NONE. CONSIDERATION OF CLA/d~S= NONE. INTRODUCTION AND CONSIDERATION OF ORDINA/~CES AND RESOLUTIONS= AIRPORT= Ordinance No. ·22905 authorizing execution of License Agreement No. DOT-FA?TRA-8550, with the Federal Aviation Acl~/nistration providing for a Localizer and a glide slope to serve Runway 5 at Roanoke Municipal Airport, WoodrumField, upon certain terms and conditions, having previously been before Council for its first reading, read and adopted on its first reading and lald over, was again before the body. The City Attorney advised that the Ordinance has been amended on its second reading to make provision for a rider to said agreement relating to the city*s operation and maintenance of certain areas critical to said avigat£on facilities. '231 .232 Mr. Llskmoved that Council concur in the a~ndment as set out by the City Attorney. The ~otion was seconded byMxo Thomas and adopted by the following vote= AYES= Hessrs. Garland~ Hubardw Llsk~ Ts-hm~-~ Thomas~ Trout and Mayor Taylor .................................. NAYS= Nons .........................0. Hr. Llsk then offsred the following Ordinance for its sscond reading and final adoption as amended~ {#22905) AN ORDINANCE authorizing execution of License Agreement No. DOT-FA77EA-S550, with the Federal Aviation Adm/nistration providing for a Localizer and glide slope to serve Runway 5 at ~oanoke Municipal Airport, WoodrumField, upon certaLn terms and conditions, together with a rider to said agreement relating to the City's operation and maintenance of certain arsas critical to said avigation facilities. (For full text of Ordinance, see Ordinance Book No. Mr. Lisk movsd the adoption of the Ordinance as amended. The motion was seconded by Mr. Thc~uas and adopted by the following VOte= AYES= Messrs. Garland, B~bardr Lisk, Ta~Bm~n, Th~s, Trout and Hayor Taylor ................................. 7. NAYS= None ........................0. HOUSING-SLUH CLEARANCE= Ordinance No. 22944 authorizing the conveyance of six parcels of land owned by the City in the Gainsboro Project area to the City of Roanoke Redevelopment and Housing Authority~ upon csrtain terms and conditions, hav~/lg previously been before Council for its first reading, read and adopted on its first rsading and laid ovsr, was again before the body, Hr. Lisk offsring the following for its second reading and final adoption: (%22944} AN ORDINANCE authorizing the City's conveyance of six (6) parcels of land owned by the City in the Ga~sboro Projsct area to the City of Roanoke Redevelo~ent and Housing Authority, upon certain ter~ and conditions. (For full text of Ordinance, see Ordinance Book No. Hr. Lisk moved the adoption of the OrdJ-nance. The motion was ssconded by Mr. Thomas and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Tauhmanw Thomas, Trout and ~ayor Taylor ................................7. NAYS= None ....................... 0. EQUIpHENT= Hr. Garland offered the following e~nergency Ordinance providing for the purchase of various vehicular and related equipment for use by various departments of the City of Roamoke as reco~l~ended to Council by rsport oE the City Manager under date May 24, 1976= 11 ..23'3 (t22971) AN ORDIHAI4CE pro¥1dlng for the pLLrchase Of Various vehicular and related equipment for use by various departments of the City, upon certain tez~s and condi~1ons, by accepting ce~tn bids ~de ~o C~ty for f~lshing and del~ver~g said vehicular e~l~t~ and reJect[n all o~er such bids~ providin~ for ~e lssu~ce of re~ls~te p~chase orders for all such e~l~ent~ and providing for an ~gen~. (For full t~ o~ Ordin~nce, see O~din~ce ~ok No. Hr. Garland ~ved ~e adoption of ~e O~din~ce. The ~on seconded bye. Tau~ and adopted by ~e foll~ng AY~t Hessrs. Garland~ H~ard~ Lisk~ Ta~ Th~s, Trout and Mayor Taylor ................................. ~YS= None ........................ 0. LIB~R~= Co~c~l having directed ~e C[ty Atto~ey to pre,are the proof meas~e au~oriz~ng an agre~ent to ~ entered ~nto w~ the Co~ty of Ro~oke relating to th~ joint use of ~[bra~ facilities of the C~ty of ~o~oke ~d ~e Cowry of Roanoke, he presented s~e~ whereu~n, ~. Tau~ offered th~ foll~ing Resolution: (~229~} A ~SOLUT~ON au~or~z~ng an agre~ent to be entered ~nto wl~ the Co~ty of Ro~oke relating to the joint use of l[bra~ of the City of ~oanoke and the cowry of ~anoke. (For fui] text of Ordin~ce, see Ordinance ~ok No. ~. Ta~ ~oved ~e adoption of ~e Ordin~ce. The motion was seconded by ~. Lisk ~d adopte~ by the foll~ing vote= AYES= Messrs. Garland, H~ard, Lisk~ Ta~, Tho~s, Trout and ~yor Taylor ................................. ~YZ= None ........................ 0. MOTIONS ~ M[SCE~EOUS BUSI~SS: C~I~ES, ~O~S, CO~[SSIONS ~D AU~O~ITIES: ~e ~yor again called to ~e att~tion of Co~cil ~at ~ere are vac~c[es on the Housing ~d Hygiene ~ar~, ~e Fair ~lo~ent Practices Co~ttee~ ~e ~erso~el Board~ the Adviso~ Board of H~n Se~ces~ ~ C~[ty Relations ~ttee, ~e Ro~oke City Schoo~ Board ~ certain e~rat[ons of te~ on the You~ Co--ss[on and called for no~natlons to f~11 ~e vacancies. ~. ~s moved ~at action on th~ vac~c[es and e~[rat~ons deferred ~til the re~lar meeting of Co~cil on Monday, J~e 14, 19~6. The motion wa~ s~conded by ~. Ta~ an~ ~an~ously ado~t~. O~R H~NGS OF CITIZ~S: CO~CIL= The Reverend ~roy C. Roberts appeared before Co~cil and pres~t~d a proposal whereby he would like ~e pe~ss[on of Cocci1 to ascerta~ if ~ere is any interest on ~e part of various civic org~tzat[ons in ~e Roanoke area t~ard ~k~ng con~ibut~ons ~n honor of ~e late ~yor ~oy L. Weber for a p~lic address syst~ for ~e Co~c~l Cheer. ~. H~ard m~e~ ~at Co~c~l agree to accept ~e proposal ~d~ by Revered Roberts, s~ject to approval by ~e City M~ager of ~e des~ of any such syst~. The mot[o~ was seconded by ~. Lisk and ~ously adopted. '234 SCHO0~S~ Earlier in the evening Council hel~ a public hearing to interview applicants for appointment to the Roanoke City school Board to fill the unexpired term of Hr. Samuel P. McNeil ending June 30, 1977. Xn this connection, Hrs. Onie Ashby, President of tho League of women Voters, appeared before Council in reference to the procedure for appointment end expressed the hope that as Council goes through the procedure for the first time, soma format might be established by Council that is not binding but is understandable to the citizens for future appointments. Hrs. Ashby further made reference to the fact that the public hearing has been carried over until next Monday and this might be confusing to the applicants in that they were of the impression that the public hearing scheduled on June I would be the end of the proceedings and Council would in turn make a decision and they would not have to return for further interviews. Hr. Hubard moved that when applications for School Board appointments are received in the City Clerk's office they will be public information and no deadline will be established for receipt Of applications. Them orion was seconded by Hr. Garland and unanimously adopted. PARKS AND pLAYGROUNDS-CITY EMPLOYEES= Miss Mary Jane Finley Austin appeared before council concerning a job she was promised by the former Manager of the Department Of Parks a~d Recreation in March, 1976~ advising that she now has been informed by the Parks and Recreation Department that persons under eighteen years of age are no longer being hired by the city and requested clarification as to this pollcy since she has worked for the past three years for the city in the Parks and Recreation Department and she k~ows of other persons under ~he age of eighteen who have been hired for this year. Hr. Hubard moved that the ~atter be referred to the City Hanager for investigation and report to Council by its next regular meeting on Monday, June 7, 1976. The motion was seconded by Hr. Thomas and unanimously adopted. The Mayor declared the meeting recessed in order for CoU~cll to meet in Executive Session with the City }tanager concerning personnel matters. BUDGET-SCHOOLS: After the Executive Session~ Hr. Hubard moved that Council reconsider its previous action on Ordinance No. 22966 relative to the appropriation for the Roanoke city Schools for fiscal year 1976-77, The motion was seconded by Hr. Thc~nas. Mr. Garland offered a substitute motion that the meeting be recessed untll 2:00 p.m., Wedhlesday, June 2, 1976. The motion was seconded byMr. Lisk a/Id lost by the following vote: AYES: Messrs. Garland, Lisk end Hayor Taylor ..................3. NAYS: Messrs. Hubard, Tauhman, Thomas end Trout ...............4. The original motion was then adopted by the following vote: AYES: Messrs. Hubard, Tattb~an, Thomas and Trout ............... 4. NAYS: Messrs. Garland, Lisk and Hayor Taylor ..................3. l Hr. Y~out moved that Ordh~ance No. 22966 be a~ended by reducing ~ ~o ~ ~en~vely appropriated ~z~ ~22~757,447.00 to ~22~257~447.00~ a reduction of $500~000.00~ ~o be considered as sala~ ~nczeases ~n ~e app:opria~ion ~d ~at Ozd~n~ce No. 22966 ~ placed u~n ~ts f~zst reading. ~tion ~as seconded by ~. Ta.~an and adopted by ~e toll~ing vote~ A~ Hesszs. H~a~d~ Ta~ Yh~s and T~out ............... ~YS; Hess;s. Ga;l~d~ L~sk ~d ~yo~ Taylor .................. 3. ~. Trout ~en ~ved ~t ~a roll,Lng Ozdin~ce reading as ~ended: (122966) ~ O~I~CE ~lng t~tive appropriations for ~e Ro~oke C~ty Sch~ls for ~e year ~gt~ng July 1, 1976 an~ ending J~e ~0, (For full text of Ora~nance, see Ordinance B~k NO. The motion was seco~e~ by ~. Ta-~ and a~optea by ~e roll,lng AYES= Messrs. Hubard, Ta~!h~a--w Thomas and Trout ............... NAYS= Messrs. Garland, Lisk amd Mayor Taylor .................. Hr. Trout then moved that Ordinance No. 22966 be adopted as an ~mergency measure. The motion was seconded b y Mr. Thomas and lost by the following vote by virtue of the fact that an emergency Ordinance requires five affirmative votes of Councilt AYES: Messrs. Hubard, Taubman, Thomas and Trout ..............4. NAYS= Hessrs. Garland, Llsk and Mayor Taylor ................. Hr. Trout moved that the City Ma/lager be instructed to reduce his budget by the gum o£ $500,000.00 to b~ recognized as the proposed salary increases for city e~nployees. The motion was seconded by Hr. Thomas and adopted by the following vote: AYES: Messrs. Hubard, Taubman, Thomas and Trout ................4. NAYS= Messrs. Garland, Lisk and Hayor Taylor ...................3. Mr. Thomas moved that Council meet as a committee of the Whole in budget study session on Wednesday, Ju~e 2, 1976, at 2 p.m. The motion was seconded by Hr. Taub~an and adopted by the £ollowing vote= AYES= Messrs. Garland, Hubard, Lisk, Taub~an~ Thomas, Trout and Mayor Taylor ............................................................... 7. NAYS= None ...................................................... 0. There being no fLLrther business, the Hayor declared the meeting adjourned. APPROVED ATTEST: City Clerk Mayor :235' 236 COUNCIL, I~EGULA~ MEETING, Monday, June 7, 1976. The Council of the City of Roanoke met in regular meeting in the Council Chamber ~n the Hun£cipal Bulld~ng , City of Roanoke, on Monday, June 1976, at 2 p.m., the reqular meeting hour, with Mayor Noel C. Taylor presiding. pP~SENT: Councilmen Robert A. Garland, William S. Hubard, David K. Llsk, Nicholas F. Taub~an, ~tmpton W. Th~uas, James O. Trout and Mayor Noel Taylor .........................................? · ABSENT: None .........................0. OFFICERS pRESENT~ Mr. Byron E. Haner, City Manager~ Mr. Sam H. McGhee, III, Assistant City Manager~ Mr. James N. Kincanon, City Attorney~ Mr. James B. Buchholtz, Assistant 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 the Reverend A. Wade Coffey, Pastor, Trinity Lutheran Church. HEARING OF CITIZR~S UPON PUBLIC STP~EETS AND A/~LEYS: Council at its last regular meeting having continued a public hearing on the request of Wilson Trucking Corporation and Gimbert Associates, Incorporareu, Uo vacate, discontinue and close certain tions of Larchwood Street and Indiana Avenue, N. B. ~ the matter was before the bo~y. In this connection, the City Plannlng Co~mission submitted a written report recommending that the request as it pertains to Larchwood Street be granted with necessary reservation of utility easements~ and a further report recom~endlng ~hat Indiana Avenue be vacated, discontinued and closed with the note that Mr. Derwood H. Rusher, Attorney, representing the petitioners, advises that drainage problems relating to the street closure have been resolved and a ten-foot easement has been turned over to the City Engineer's Office. {For full text, see reports as filed in the City Clerk's Office.) The viewers appointed to view the ~treet and avenue submitted a written report adv[sing that they have visited and viewed the street and avenue in question and the adjacent neighborhood and are unanimously of the opinion that no inconvenience would result, either to any individual or to the public, from vacating, discontinuing and closing same. {For full text, see report as filed in the City Clerk's Office.) Mr. Derwood H. Rusher, Attorney, representing the petitioners, appeared before Council in support of the request of his clients. No one appearing in opposition to the request~ Mr. Thomas moved that the following ordinance be placed upon its first reading: (~22973) AN ORDIHANCE permanently vacating, discontinuing and closing all that certain portion of Larchwood Street, N. E., 50 feet in width, extending frc~tho eouth lJ~le of Tht~ston Avenue, M. ~o, An southerly direct~on ~96.?? feet, ~ore or less, to vhere the ea~d Larchvoo~ Street, N. E.~ vas p~eviously closed ~ vacated on DecOr 12~ 1960~ O~d~c~ HO. ~4261~ Ozd~n~ce ~k 24~ 306, said street being ah~ on Shee~ 311 of ~e CLty~a Tax Appraisal ~p~ also ~t certain~rtion of ~di~a Argue, N. ~.f 60 feet In wid~ ~tend~g fr~ ~e westerly l~e of ~11 Argue, N. E.~ (fo~erly Patrick Hen~ Drive), ~ a westerly d~rect~on 456.10 feet, ~ro or less~ to a ~t, said avenue being sh~ on Sheet 30~ oE ~e C~ty's T~ Appraisal ~p, all ~lng ~n the City ~e, Virginia. The motion was seconded by ~. Trout and adopted by the vote: AY~ Messrs. Garland, H~ard~ Lisk~ Ta-~ ~s, Trout and ~yor Taylor ................................... NAYS: None ..........................0. ~. Th~s o~fered ~ foll~ing ~erg~cy Ord~ce accept~ce fr~ D.B.D. ~s~[ates a deed donating a ten f~t wide eas~ent to ~e city for ~to~ drainage and p~lic utility p~ses over certain real estate belonging to said par~ersh~p: (%22974) ~ O~I~CE au~oriz~g th~ proper c~ty officials to accept fr~ D.B.D. Associates, a par~ersh~p, and cause to be recorded~ a deed donating a ten (10) f~t wide ~as~ent to the City for sto~ drainage and p~lic utility p~ses over certain real estate belonging to said par~er- ship, ~n ~e City for the n~inal consideration of Five ~llars ($~.00); and providing for an ~erg~cy. (For full text of Ordinance, see Ordinance ~ook No. ~. Th~s moved the adoption o~ ~e Ordin~ce. The motion was secondea by ~. Trout and adopted by the foll~ng vote= AYES: Messrs. Garl~d, ~ard, L~sk, Ta~, Tho~s, Trout and ~yor Taylor ....................................7. ~YS: None ........................... O. PETITIONS ~D C~I~T~ONS~ BU~E~CI~ C~: The C~ty C~erk presented a c~cat~on requesting that $2,500.00 be appropriated to ~vertis~ng ~der Section ~102, 'Clerk,' 1975-76 budget, to provide sufficient f~ds for ~e r~[nder of the ~[scal year, was befor~ Co,cf1. (For full t~t, see co~cation as filed ~n ~e City Clerk's Office.} ~. Lisk offered ~ fol~ing ~ergency Ordnance: (%22975} ~ O~I~CE to ~end and reorda~n Section %102, of ~e 19~5-76 Appropriation Ordin~c~, ~d providing ~or an ~rgency. (For full text of Ordinance, see Ordinance ~ok ~. L[sk moved the adoption of ~e Ordinate. The motion was seconded by ~. Ta~ and adopted by ~e fo11~g vote= 237:.. 238 Mayor Taylor ...................................... NA¥S~ None .............................O. SE~RS ~/~D STOl~l DRAINS~ A cc~aunication £ro~rssidents of Peters Creek ~ad, Sh~alher ~ad~ ~cadla Dr~ve ~d Yo~ Dr~ve~ N. W.~ relative (For full text~ see c~icak~on as f~led ~n ~e C~ty Clerk's office.) ~. Garland ~ved t~t ~e c~ication be referred to the Water Resources Co~lttee for ~ts ~nfo~tion In co~ection wi~ ~ts study of the ~tter. The motion was seconded by ~. L~sk and ~usly adopted. Mental Health Se~ices ~ard of Directors advising ~at at its meeting on April tion to Henta1 Heal~ Services of $140,000.00 and passed a Resolution to the effect ~at ~ts all~ation was l~ted by ~e ~o~t of ~ney which the Co~ttee of $174,712.00, and rec~ending ~at Co~c~l consider award~g the ~lance of the request ($34,712.00) fr~ the General F~d, was before the ~y. (For full text, see c~ication as f~led ~. Th~s moved that ~e r~uest be referred to 1976-77 budget study. T~FIC: The City ~nager s~mitted a written report relative to Virginia Depar~ent O[ Highways and Transportation ~at ~e City of Ro~oke desires, on a p=~or[ty basis, the diversion of such f~ds as ~y be ~cessa~ the allocation of cons~uction f~ds ~n fiscal year 1978 and 1979. (For full t~t, see report a~ ~. Tarn moved t~t Co~cil set a p~lic hearing for 7=30 p.m., ~. Lisk s~ted that he ~s not against having a p~lic hearing but questioned ~e t~e el~ent ~nvolved in ~at ~e request must be s~tted The C~ty Manager advised ~at s~ting Co~uil~s int~t is needed in order to present ~e ~sition of the c~ty at that t~e, ~at he concurs ~n ~e need for a p~lic h~ar~ng, that if Co~cil reverses its decision after ~e p~l~c hearing ~d w~ts to w[~draw the re~est, ~en ~e Resolution does not co~t ~e city Highways can be advised that the c~ty does not w~sh to participate ~n the project. ~'. G. ~eaZ Haaaox. ~r. · Chairman of the z~l~ Cor,~,~t~ee. Dowz~tovn ~e foll~ng vo~e~ AY~ Hessrs. Garl~ H~rd~ L~sk~ Ta-~ Th~s~ Trout and ~yor Taylor ................................... ~YS~ Non~ ........................... ~. Gar~an~ then ~ve~ ~t the C~ty Attorney ~ ~nstruct~ to pre,are ~e proper measure a~oriz~ng ~e a~n~strat~on to move fo~ar~ w~ a request to the V~rg~n~a ~ar~nt of H~ghways an~ Tr~s~rtat~oa~ sa~ measure not =o~t the c~ty ~n any way. The ~t~on was seconded by ~. Lisk an~ ~ter during ~e m~eting~ ~. Th~s offered th~ ~O~l~ng Resolution= (%229~6) A ~SOL~ION concurring, generally, in a pro, sa1 for establ~s~ent of cer~n Auto-Restr~cte~ Zones ~n d~t~ areas of the C~ty~ and r~uest~ng ~e Virginia Depar~nt of H~ghways an~ Trans~rtatlon to take certain actions ~n ~e ~tter. (For ful~ t~t of Resolution, see Resolution ~ok No. Mr. Tho~s moved ~e a~option of the ~esolution. ~ ~t~on was seconde~ bye. L~sk ~d adopte~ by the fo~l~ng vote~ AYES= Messrs. GarliC, ~ar~ L~sk~ Ta~ Tho~s~ Trout an~ Mayor Taylor ................................... NAYS~ None .......................... P~S ~ P~YGRO~S-CI~ ~YEES= ~e City Manager s~itted wr~tte~ re~ort r~lative to hiring of ~ndlv~uals ~r 18 y~ars of age ~ ~e De~ar~ent of Parks an~ Recreation ~d ~pecif~cally as ~e ~tter relates to M~ss Ma~ Jane F~n~ey Austin who a~peare~ b~fore Co~c~l on J~e 1~ 19~6~ con- ceding a job she was pr~sed by ~e c~ty for th~s s~er as a Playleader, but ~re rec~t~y was advised ~at sh~ wou~d not be ~oyed b~cause of an age l~ta- tion, a~v~s~ng of c~rta~n procedures which have been taken ~n ~e ~tter. (For full text, see re~rt as f~led in ~ city C~erk~s ~n v~ew of th~ fa=t ~at ~e re~rt had ~ust be~n re=eive~ an~ Cocci1 had not ha~ ~ opport~ty to review it, ~. Tho~s ~ve~ that ~ecutive Session to ~iscuss ~e re~rt since it ~nvolves p~rso~el ~ that a ~ec~s~on ~e render~ on ~e ~tter after ~e ~ecutive S~ss~on. The motion was seconded bye. L~sk. ~. H~d state~ ~at ~ his opinion Co~c~l would be ~n v~o~at~on ~e provisions of ~e Virginia Free~om o~ Info~tion Act i~ th~s ~ecutive Session ~s h~l~ ~ a~v~se~ ~at he wou~ not atten~ such a ~eting. 239 240 ~, Garlnnd asked the Clty Atto~ney If discussion of this would qualify under the p~oylsiona of ~e Virginia F~eed~ o~ Info~tion Act~ vhe~eu~n~ ~e City Atto~ey replied In ~e affl~tive so long as o~er ~les applicable to ~ecutlve Sessions are folloW. The~tion for ~e ~e~tive Session vas ~ adopt~ by ~e AY~l ~ess~s. Ga~l~d~ Llsk~ Ta~ ~s~ Trout Taylor ....................................... ~YS~ ~. H~ard .................. 1. After the ~ecutEve Session~ ~. Ta~n moved ~at the City~nager be re~ested to ~repare a ~recise written hiring poli~ for seasonal e~lo~nt to be presented to Co,cE1 by Ets regular meeting on Honday, 3~e ~at fha policy, s~sequent to Ets adoption~ be ~de p~lEc, and the s~tuation, as it concerns Miss Austin, ~ referred back to ~e City ~nager for ~rther dell~rat~on. The motion was seconded by ~. Th~s and adopted by the follow- ing vote= AYe: Messrs. Garl~d, H~d, Lisk~ Ta~n~ Th~s~ Trout and ~yor Taylor .................................. NAYS: None ........................ 0. BU~ET-G~S-POLICE DEP~T: The c%~y~u~=r ~.,~-~itted written re~rt a~v~sEng ~at a grant has been approved by the DiVision of Justice ~d Cr~e ~reventEon to provide f~dtng for a syst~ to ~e warrants ~d capia info~tion avail~le to law enfurc~t ~rsonnel on a regional basis, rec~ending ~at the City ~nager be au~orEzed to execute ~e fo~s for ~e acceptance of ~is grant and agreeing to ~e provisions contained therein and to execute ~e necessa~ agre~ents with ~e cowry of Roanoke ~d the City of Sal~ relating to ~eir con~ibutions to ~e local cash ~tch ~d ~e develo~ent of the proposed Enfo~tEon syst~ and ~at sufficient f~ds be ap~roprlated for ~e pu~ose. (For full t~t, see report as filed En ~e CEty Clerk's Off~ce.) ~. T~,~m~n offered ~e fo11~/ng ~ergency Ordin~ce appropriating $2~833.00 to '~gEonal Warr~t and Capia Info~t~on Syst~ NO. ~5-A3429', of the 19~5-76 budget: (%229~7) ~ O~I~CE to ~d ~ reordaEn ~e City of Roanoke~s 19~5-76 Gr~t Pr~r~Acco~t, and providing for an ~erg~. (For full text of Ordinance, see OrdEn~ce ~k No. ~. Tarn moved ~e adoption of ~e Ordinance. ~e motion was seconded bye. Lisk and adopted by ~e follow~g vote: AYe: Messrs. Garl~d, H~ard, LEsk~ Ta~, Th~s~ Trout ~or Taylor ................................... NAYS: None ..........................0. ~. Ta~ offered ~e foll~g ~ergen~ Ordinance appropriating $696.00 to ~cal Cash ~tch ~der Section %345, 'PolEce,' of ~e 1975-76 budget: ($22978) ~ OROII~CB to amend and reorda~n Section t345, 'Police~' of the 1975-76 Appropriation O~dinance~ and providing for an e~ergency. (FOr full text of Ordinance~ see Ordinance Book No. ~tro Taul~an~oved the adoption of the Ord~nanceo The motion vas seconded By H~o Llsk and adopted By the relieving voto~ AYES~ Messrs. Garland, Hubard, Lisk~ Ta-~m~n, Thomas, Trout and Mayor Taylor ................................ NAYS~ None .......................0. Mr. Tauhman offered the following Resolution authoriz~ng acceptance, execution and filing of the grant= (~22g79~ A I~ESOLUTZON 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 provide for a system to make warrant and capias information available to law enforcement personnel on a regional basis. (For full text of Resolutlen, see Resolution ~ook NO. Hr. Taubmanmaved the adoption of the Resolution. The motion was seconded by Mr. Llsk and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk~ Tauhman~ Thomas, Trout and Mayor Taylor ................................ NAYS: None ...................... 0. AIRPORT: The City Manager submitted a wrltt~n re~ort advising that Council recently agreed to convey approximately 9.6 acres of land at the airport to the United States of America for a Harlne Corps and Naval Reserve facility, that this 9.6 acres was based on a preliminary sketch and included 7.4 acres of usable land and 2.2 acres of unusable Bluff area, that after completing the s~te development plans and conducting all actual land survey, the Department of Navy sub, fred a land description requesting approximately 9.6 acres of usable land with no ~nusable land, i.e. eliminating the bluff area, that the City Manager's Office and the City Attorney's Off£ce requested the Department of the Navy to reevaluate their needs and as a result, the city is in receipt of a survey plat that proposes the quantity of 8.9114 acres of land with all the la~d b~ing usable, that in reeval~atlng their ~eeds, the Department of Navy deleted some 0 ~5 acres of land including approximately 120 feet of road front age~ and while this latest request of needed land area do~s not co~nclde exactly with the 9.6 acres initlally requested, ~t is felt that the request is still within the original intent and reco~mendation of the Airport Advlsory Com~llssion and Council, and requesting the continued concurrence of Council in the conveyance. (For full text, see report as f~led in the City Clerk's Office.) Mr. Trout moved that Council concur in the report and offered the following Resolution: 24'1 2'42 (i22980) A RESOLUTION approving execution oE a deed of conveyance of an 8.9114 acre tract of land at Roanoke Hunicipal A~portw Wood.ua Fleldw to be conveyed to the United States Government as authorized by Ordinance No. 22817 of this Council adopted Apr11 12~ 1976. (For full text of Resolutionu see Resolution Book No. Hr. Trout~oved the adoption of the Resolution. The motion was seconded by Hr. hisk and adopted by the following vote: AYES: Hessrs. Garland~ Rubard~ Lisku Ta-~n~ Thomasw Trout and ~ayor Taylor .................................. ?. NAYS: None .........................0. Hr. Trout moved that the report be received and filed. The motion was seconded by Hr. Lisk and unanimously adopted. BUDGET-BRIDGES: The City Hanager su~nitted a ~itten report trans- mitting the agreement necessary to effect and reflect the City of Roanoke*e concurrence in and agreement to construct the 5outh Je££erson Street Bridge, requesting the concurrence of Council for execution of the contract and reconunend- ing that certain funds be transferred to accomplish same. (For £ull text, see report as filed in the City Clerk% office.) Hr. Tauhman offered the following emergenc~ Ordinance providing for certain transfers in the 'Transfers Within Capital Improvements Fund,' o£ the 1975-76 budget: (i22981) ~_~ ORDIt~ECE to amend and reordaln Section t889~ 'Transfers Within Capital Improvements Fund,' of the 1975-76 Appropriation Ord/nance, and providing for an emergency. (For full text o£ Ordinance, see Ordinance Book Hr. Taul~an moved the adoption of [he Ordinance. The motion was seconded by Hr. Themas and adopted by the following vote: AYES: Hessrs. Garland, Hubard, Lisk~ Ta-hm~, Tho~as, Trout and Hayor Taylor .................................. ?. HAYS: None ......................... Hr. Taubman offered the following emergency Ordinance transferring $381,743.35 from Highway Construction Fund to South ~efferson Street Bridge ~mder Section 1889, 'Transfers Within Capital ~nprovements Fund,' of the 1975- 76 budge~: ($22982) ~ ORDIN/~CE to emend and reordain Section ~889, 'Transfers Within Capital Improvements Fund," o£ the 19~5-76 Appropriation Ordlnance~ and providing for an emergency. (For full text of Ordinance~ see Ordinance ~ook No. Hr. Tauhmanmoved the adoption of the Ordinance. The motion was seconded by Hr. Th~nas and adopted by the following vote= AlrES: Hessrs. Garland, Hubard~ Lisk, Ta~fl~man, Thomas~ Trout and Hayor Taylor .................................. HAYS: None .........................0. Mr. Taubman offered the following emergency Ordinance appropriating $101,354.78 to South Jefferson Street Bridge under Section ~889, 'Transfers Within Capita~ Improvements Fund," of the 1975-76 budget~ (%22983) AN ORDINANCE to amend and reordain Section %889, 'Transfers Within Capital Improvements Fund,' Of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book NO, Mr. Ts-Man ~oved the adoption of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the follOWing votes AYES: Messrs. Garland, Hubard, Llsk, Ta-~m~n, Thomas, Trout and Mayor Taylor ................................... NAYS~ None ..........................0. Hr. Tauhman Offered the follOWing emergency Ordinance concurring in the award Of the contractt (%22984) AN ORDINANCE concurring in the award of a contract by the Commonwealth of Virginia, D~partment of Highways and Transportation, for ~mprove- ment of a 0.335 mile section of South Jefferson Street, An the City, including replacement of the Jefferson Street Bridge and approaches over Roanoke River and over the Norfolk and Western ~ailway Company's right of ways providing for the execution of an agree-me-ut with said Department relative to the main- tenance of Highway Project U000-128-106, PE-101, RW-201, etc., and signifying the city's intent to participate in the payment of certain portion of ~he costs of sa~d project and to provide certain storm drain facillties~ and providing for a~ emergency. (For full text of Ordinance, see Ordinance Book No. Hr. TS,Bm~u moved the adoption of the Ordinance. The motion was seconded by Hr. ThOmas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk~ Taubman, Thomas, Trout a~d Mayor Taylor ................................. NAYS: None ........................0. STATE HIGHWAYS-BRIDGES: The City Manager s,~Bm{tted a written report advising that by Resolution No. 22006 Council authorized the preparation and execution of a contract with Roanoke Memorial Hospital for allocating the cost of both construction and maintenance of a five ton vehicular brldg~ in connection with the main str~ctu~e across the Roanoke River, that the Resolution contained estJ~nated figures for constr~ction of $116,771.00 which, after bids were received, escalated to $175,538.00 with the Hospital's calculated proportionate share of this amount being $67,423.00 which has now escalated to ~101,354.78, that this ~atter has been discussed w£thHr. Flannagan of Roanoke Memorial Hospital and he has concurred that the Hospital will bear the additlonal cost and cause a new agreement reflecting the increased cost to be executed, end requesting that Council concur in the adoption of such a Resolution reflecting these changes. (For full text, see report as filed ~n the City Clerk's office.) ~o ~hc~as moved that Council concu~ in the report ~nd offered the foll~g ~gen~ O~din~ce~ (122985) ~ O~I~CE eulogizing ~ecu~ of ~ ag~e~ ~oke Hospl~l Ass~la~lon ~ela~lve ~o ap~z~o~n~ of cos~s o~ construction ~d ~Xntenance of a 5-ton light veh~lar bridge ~d pedestrl~ wal~ay in ~d ~e Norfo~ and Western ~lway C~y~s r~ght o~ way~ and prov~d~g for (For full text of O~lnance, see Ordinate ~ok No. ~. Th~s ~ved ~e adoption of ~e Ordinance. The ~tion was seconded by ~. ~sk and adopted by the foll~ng vote: AYES: Messrs. Garl~ H~ard, L~sk~ Tat~B~n, Th~s, Trout and ~yor Taylor ................................. NAYS: None ........................0. ~at area gover~ts were queried concerning ~eir ~nterest ~n participating ~n coats ~nvolved for a visit of ~e Free~ Train to ~e Valley~ that to date none have indicated a desire to share in the esti~ted cost of $62~211.00, ~, In v~ew of the bu~geta~ restrictions in ~e c~ng year~ and ~n absence o~ offers of assist~ce ~n defraying costs of ~is regional ~vent~ it is rec~end~ that ~e City of Roanoke ~ecl~ne th~ offer to host the v~sit (For fu~l text, see report as f~le~ in ~e city Clerk*s Office.) ~. Th~s moved ~at CoccYX concur ~n ~e report and receive an~ file $~e. The motion was seconded by ~. Lisk and ~usly adopted. S~ETS ~D~YS-SED~, CU~D GU~R= The City~nager s~tte~ a written report rec~en~ing ~at Co~c~l au~or~ze h~ to execute Ch~ge Or~er No. I to ~e contract wi~ Ad~ Construction Comply for perfo~ng ~scell~eous s~X1 area hard surface street and sidewalk restoration ~n order to exten~ the completion date from J~e 13, 1975, to ~uly 31, 1976. (For ful~ text, see report as f~Xed in ~e C~tyc~rk*s Off~ce.) ~. Th~s moved ~at Co~c~l concur ~n ~e report and offere~ the fo~l~g R~so~ut~on= (%22986) A ~SOLUTXON approving ~e City ~nager"s ~ssuance Ch~ge Order No. 1, ~n CO~ection wi~ ~e c~ty"s con~act dated J~e 1975~ wi~ A~ Const~ction Co, any, for ~e perforce of ~sc~lXaneous $~l area ~prove~ har~ surface s~eet and sldewa~ r~storat~on. (For full text of Resolution, see Resolution ~ok No. ~. Th~s m~ed ~a adopt~on of ~e Resolution. The motion was seconded by ~. Garland ~d adopte~ by ~e fo~ng ~yor Taylor ................................... NAYS: None ..........................0. PARKS AND pLAYGROUNDS-HATER DEPARTM~NTt The City Manager suh~Ltted a written re~ort relative to the concession agreement with Mr, C. B. Clem~er at Carvin8 Cove, reo~end~Ag W~at Council authorize an addendum to the eon- cession agreement tn order to permLt Hr. Clemner to collect the appropriate fees for rental of the paddle boats In the Carvtns Cove area, to provide the insura~ce coverage required, and to post the fees, in ret~trn for payment to the city of a total ¢oncesslonalrets fee of $250.00, an increase of $50.00 over the present fee. (For full text, see report as flle~ in the City Clerkes Offlce.) Mr. Garland moved that Council concur In the report and that the following Ordinance be placed upon Its first reading= (J22987) AN ORDINANCE authorizing and providing for an ~men~ment to the Cityos Concession Agreement dated March 15, 1975, with C. B. Clemmer for the operation of the concession business at the Cityes Carvines Cove Reservoir in Roanoke County, by authorizing said concessionaire to rant paddle boats at The motion was seconded by Mr. Trout and adopted by the following vote= AYES: ~essrs. Garland, N~ard, Llsk, Ta~!~, Thomas, Trout and ~ayor Yayxor ................................. 7. NAYS: None ........................0. CITY ENGINEER= The City Manager suhmltted a written report concurring in a recommendation of the ~ld Co~lttee that the bid of Blue Ridge Stone for supplying and dellvering 10,000 tons of stone to the public Works Service Center, in the total amo~lnt of $27,500.00, be accepted. (For full te~xt, see report as filed in the City Clerk's Office.} Mr. Trout moved that Council concur in the reports and offered the following emergency Ordinance: (J22988) AN ORDINANCE authorizing the purchase of 10,000 tons of crusher run stone upon certain terms and conditions, by accepting the bid made to the City by ~lue Ridge Stone Corporation; rejecting a certain other bid; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES: Messrs. Garland~ Rubard, Lisk, Taub~a~, Thomas, Trout and Mayor Taylor ....... ~ ...........................7. NAYS: None ......................... ~. C & P TFJ~EPHONE CO~ANY-STATE CORPORATION COMMISSION= The City Attorney submitted a written report advising that there has been served on him applicatlon of Chesa~ake and Potomac Telephone Company of Virginia to the State Corporation Co~ission for rate increase, the effective date of which has been suspended by the State Corporation Commission for a perio~ of 60 days fro~ and after May 31, 1976, and a public hearing before the Com~ssion has been set for October 4, 1976. (For full text, see report as filed in the City Clerkts Office.) 245 246 Hr, Th~aas moved that the report be received and filed. The ~otic~ was seconded by Hr. Ta-~n and un~n~nously adopted. FLOODS-HURRICANES: The City Planning commission submitted a writte~ report relative to Flood Plain~a~ag~me~t Objectives drafted by the Flood Plain CO~uittee, recc~ending one modification by the insertion of the verbage, · where consistent with other city objectives' in order to better reflect m~ni- cipal priorities, and that Council adopt, by Resolution, said FlOod Plain Management Objectives. (For full text, see report as filed In the City Clerk's offlce.) Mr. Thanes moved that Council concur in the recommendation of the City Planning Commission a~d that the report he referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Taubman and unanimously adopted. REPORTS OF COMMITTEES: CELEBrATIONS-CITY GOVEP~[F~T: firs. Mature P. Vest, Chairman Of the Roanoke City Arts Conm~[ssion, and Mr. Joh~ W. Creasy, Member of the comm~ssion, appeared before Council and presented the proposed new City Seal. Mr. Creasey advised that the design is a five pointed star which can stand for the star or the 'Star City Of the South', semi-circles which would represent the mountains, that Mill Mountain is the base for the star burst with Roanoke, Virginia, written across the bottom (the design may be used with or without the words Roanoke, Virginia}, and the color is blue representing the Slue Ridge Mountains of Virginia, the sky and the river. (See City Seal as filed in the City Clerk's Office.) Mr. Taubman moved that the proposed design be taken ender advisement until the next regular meeting of Councll on Monday, June 14, 1976, at which t~me the Council will vote on the matter. The motion was seconded by Mr. Trout and unanimously adopted. PUBLIC WELdAblE-BUDGET= The Advisory Board of Hu~al~ Services s~b~itted a written report relative to a request of Mrs. Gloria A. Dorma for a review of public assistance grants for disabled persons, rec~nding that General Relief payments be ~ade at 100% of the state ~in~mu~ allotment standard. (For full text, see report as filed in the City Clerk's Office.) Mr. Lisk stated that currently the adm~nistration is recommending that the standard remain et 80% due to budgetary prohle-m~. Mr. Hubard moved that the report be referred to 1976-?? budget study. The motion was seconded by Hr. Tauhman and una~ously adopted. RADIO-TELEVISION: The Cable Television Co~n~ttee submitted a written report reeonnnendlng that the reguest Of Roanoke Valley Cablevision, Incorporated, for organizational changes be approved by appropriate Resolution of City Council; that the request of Roanoke Valley Cablevision, Incorporated, £or franchise changes and rate increases be received, with the Committee's ,! reccm~endation of approval~ and that a Joint public hearing be scheduled with the Board of Supervisors of Roanoke County, the Council of the To~n of Vinton and the Roanoke City Council at 2100 p,m., Tuesday, July 13, 1976, at the Roanoke Civic Center Exhibit Hall, for the purpose of receiving public covenant on the proposed changes and, following the public hearing, the governing bodies can take appropriate action on the request for franchise and rate changes. (For full text, nee report as filed in the City Clerkms Office.} Hr. Garland m~ved that Council concur in the report and that the City was seconded by Hr. ?aut~nan and unanimously adopted. Hr. Garland moved that the minutes of the meeting of the CATV Conn~lttee held on Hay 25, 1976, be received and filed. The motion was seconded by ~. Taul~an and unanimously adopted. WATER DEPARTHI~T~ The Water Resources Co~tttee su~itted a ~r~itten report in connection with acquisition of certain City of Salem water facilities within the corporate li~aits of the City of Roanoke, recon~nendlng that the City Attorney be instructed to prepare an agreement of purchase whereby the City Of Roanoke would immediately co~ence to connect to the City of Salem lines under consideration~ take over these lines as they are connected to the city's water system, and pay the City of Salem for these lines on a pro rata basis to be resolved by the respective Administrations, and if all connections are not made by July l, 1977, the city would pay the remaining s~due to the City of Salem and cc~mence to operate the system tn accordance with the City of Salem's offer to sell, i. e., based on the city's offer as stated in Ordinance Ho. 22711 as modified by the offer of Salem to sell the lines. (For full text, see report as filed in the City Clerk's Office.} Hr. Thomas moved that Council concur in the report of the committee and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. TauBm~n and tmanimously adopted. WATER DEPARTMENT: The Water Resources Co~ttee stlb~itted a written report relative to a communication from the New Hope Water Company, advising that at a meeting of its Board it was voted not to collect and pay to the City of Roanoke the 20% utility tax on water service which it provides to 23 families in the newly annexed area~ reco~unendtng that Council concur in the approach as stated in the City Manager's April 7, 1976, co~unicatton to Hrs. Joyce Bishop, Secretary Of the Ccinpany, and that Council continue to consider this water utility in the same manner in regard to utility tax as it does all utilities within the corporate lilaits. (For full text, see report as filed in the City Clerk's Office.} Hr. Thc~nas moved that Council concur in the report. The motion was seconded by Mr. Garland and unanlmously adopted. WATER DEPARTMENT: The Water Resources Committee submitted a written report relative to the water rate increase, recommending that council adopt ;247 248 an attached schedule of charges thereb~ reflecthlg an average of a 25% ~ncrease Instead of a flat 25% increase on all water rateeo (For full text, see report as filed in ~he City Clerk*e Office.) Hr. Thomas ~oved that Council concur In the report of the c~lttee and that the matter be referred to the City Attorney for preparation of the proper measure effective July l, 1976. 'ri'he motion was seconded by Mr. Hubard and unanimously adopted. WATER DEpARTNENT~ The Water Resottrces C~ittee s-hmitted a written report relative to the 208 Areawtde Waste Water Management Study, recc~unending that council reaffirm its position as expressed in Resolution NO. 22712 by agree- ing to a multi-jurisdictional Management Agency Contract, but oppose at this time any hiring of a permanent Management Agency staff and the imposition of a sewage treatment charge to fund any such staff, and requesting that Council adopt a Resolution to this end and transmit same to the Fifth Planning District Con~lsston and other Roanoke Valley governments, (For full text, see report as filed in the City Clerk's Office.) Mr. Thc~as moved that the report be referred to the City Attorney for preparation of the proper measure reaffirming the position of Council as expressed in Resolution NO. 22712. The motion was seconded by Mr. and ~nanimously adopted. $~RSA~DSTO~ DRAIHS~ The Water Resources Co, tree st~nltted a written report relative to proposed Tinker Creek Interceptor system studies, recc~mendlng that Council authorize the administration to seek proposals from qualified flrme for the development and analysis of certain data necessary to ascertain the existing flows, existing excess capacities, physical condition of the interceptor lines and the a~o~t of infiltration/inflow in the system, as an alternate, for the additional development of a Master Plan for Tinker Creek, said Plan to take into account all existing conditions and proposed changes in the interceptor. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the report of the committee. The motion was seconded by Mr. Lisk and ~/lanimeusly adopted. AIRPORT: The Airport Advisory Connnlsslon submitted a written report advising that the rant for the office in Building Ho. 12 at the airport should be increased to permit the city to recover its expenses for the electrical service to this office and recon~nending that Title 8, Chapter 5, Section 11, sub-para- graph (b) of The Code of the City of Roanoke, 1956, as amended, be amended to provide for sa~e, (For full text, see report as filed in the City Clerk's office.} Mr. Trout moved that Council concur in the report and that the follow- lng Ordinance he placed upon its first reading: [~22989) AN ORDINANCE amending and reordaining Sec. 11. Hangar and miscelluneous buildin~ rentals, of Chapter 5. Air~ort, Title VIII. of the Code of the City of Roanoke, 1956, as amended, by lnc~eaaing the monthly rental for individual hangar offices in Building No. 12 at Roanoke Municipal Airport, Woodrum Field, end providing for the effective date of this ordinance. The motion was seconded by Mr. Llak and adopted by the following AYES= Messrs. Garland, H~bard, Llsk, Ten'man, Trout and ~ayor Taylor ................................... 6 · NAYS= None ....................0. (~r. Thomas was out of the Council Chamber) AIRPORT= The Airport Advisory Commission submitted a written report rec~mnendi~g that the salary grade of the airport police officers be equated with the salary grade of the city's regular police officers. (For full text, see report as filed in the City Clerk's Office.) Mr. Trout moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Lisk. The City ~anager stated that the matter should have the rec~enda- tion of the Personnel ~oard prior to final approval by Council. Mr. Hubard offered a substitute motion that the report be referred to the Personnel Board for study, report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. pARKS AND PLAYGROUNDS= A com~L~ttee appointed to tabulate bids received for Fallon Park baseball diamond construction and lighting submitted a written report recon~ending that the bid of Davis H. Elliot Company, Incorporated, in the amount of $43,965.00 be accepted, and that certain trans- fers be mede in order to provide sufficient funds for the project. {For full text, see report as filed in the City Clerk's Office.) Mr. Tau~man moved that Coencll concur in the report and offered the following emergency Ordina~ce transferring $12,198.34 from Parks Impact Project and $18,500.00 from Riverdale Park, to ~aseball Diamond - Fallon Park, under Section ~889, 'Transfers within Capital I~provements Fund,' of the 1975-76 budget: (S22990) AN ORDINANCE to amend and reordain Section %889, 'Tr~_nsfers Within Capital iunprovaments Fund,' of the 1975-76 Appropriation Ordinance, and providing for an e~ergencyo (For fuZ1 text of Ordinance, see ordinance Book No. Mr. Ts"~m~n moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, TaUb~an, Thomas, Trout and Mayor Taylor ...................................... ?. NAYS = None ............................. 0. Mr. Taubman offered the ~ollowing emergency Ordinance accepting the proposal of Davis H. Blllot Company, Incorporated: (J22991) AN ORD:I:HAHCE accepting a cer~.aln bJ.d ~d av~d~9 a certain con~ac2 for ~e Fallon Park ~seball Dl~nd Const~c~i~ ~d Light'g, u~n ceftin te~ ~d condltlonsl rejecting a c~tain o~er b~d ~de to ~e Clt~ ~d providing for an (For full texh of O~[n~ce, see Ordln~ce ~h ~. Ta~ ~ved ~e adop21on of ~e ordin~ce. ~e seconded b~ ~. T~out and adopted b~ the foll~tn~ vote~ AY~ Hessrs. Garl~d~ H~ard, Llsk~ Ta~ Th~s~ Trout Mayor Taylor ................................... NAYS: None ..........................0. ST~S ~ ~S-SID~, CU~ ~ GU~R-S~ ~D S~ D~INS~ A c~lttee appointed to ~bulate b~ds received on construction of new curb and ~tter, entrances, pav~t and sto~ drains for ~rdon Avenue~ S. E., s~tted a written re~rt rec~end~ng ~at ~e 1~ b~d of H. & S. Const~ct~on Company, ~n the ~o~t of ~6,157.50, ~ accepted. (For full text, see re~rt as f~led ia the City Clerk's Hr. L~sk moved that Co~cil conc~ In ~e report of the co~ttee and offered the foll~ing e~rgen~ Ord[n~ce= ($22992) ~ O~I~CE accepting ~e pro~sal of H. & S. Const~ction C~p~y for ~e cons2~ct~on of concrete c~b, guhter, entr~ces, payment and sto~ drains along Goruon ~venu~, S. E., ~ ~e City of Ro~oke~ au~or~z~n~ ~e proper city officials to execute ~e requis~te contract; rejecting certa~ other b~s ~de to ~e C~ty~ ~d providing for an ~ergen~. (For full text of Ordin~ce, see Ord~n~ce Book No. ~. Lisk moved ~e adoption of ~e Ordinate. The motion was seconded by ~. Garl~d and adopted by ~e roll,lng vote: A~: Messrs. Garl~d, H~ard, Lisk, Ta~, Tho~s~ Trout and Mayor Taylor ................................... 7. ~YS = None ..........................0. U~INIS~D BUSI~SS: ~ ~E~D BUT STI~ P~ING= ~e City Clerk pres~ted a list of it~ re~erred but stil~ pending ~rom Au~st 18, 1975, to J~e i, 1976. (For full t~t, see list as f~led ~ ~e C~ty C~erk's Off~ce.) ~. H~ard moved ~at ~e list be received ~d filed wi~ the count ~at last mon~ ~ere were 67 outst~d~g [t~ whereas~ ~[s mon~ there are 47, ~d it a~pears ~at s~ ~rogress ~s being ~de. The ~tion was seconded by ~. Ta~a~ ~d ~ously adopted. CONSIDE~TION OF C~: NO~. I~ODU~ION ~D CONSIDE~TION OF O~I~S ~ ~SOL~IONS: ZONING: Ord~ce NO. 22947 rezon[ng property described as ~t~ 1, 2, 3, 4, 5, 6, 7A, 8, 9, ~ose ~ort[ons of ~t 7 not ~ ~d ~t 100 x 125 foot 'acreage" of ~e ~p ~de for C. F. Sisler heirs, Official T~ Nos. 3~21901, 3121906 - 312~914 and 3121905, located at sou~easterly ~tersection of Hollies R~d ~d ~son Mill Road, N. E., fr~ RD~ Duplex Residential Distrlct~ to L~, Light ~nufacturln9 District, having previously been.before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Thomas offering the following for Its second reading and final adoptlon~ ([22947) AN ORDINANCE to amend Title XV, Chapter 4.1, Section of The Co~e of the City Of Roanoke, 1956, as amendedw and Sheet No. 312, Sec- tional 1966 Zone Mapw City of Roanoke~ in relationto Zoning. (For £ull text of Ordtnance~ see Ordinance Book No. )tr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Tau~nan and adopted by the following vote~ AYES~ Hessrs. Garland, Bubard~ List, Taub~an~ Thomasw Trout and Mayor Taylor ................................. ?. NAYS= None ....................... STP~ETS AND ALLEYS= Ordinance NO. 22948 vacating, discontinuing and closing a certain portion of Third Street, N. W.~ two alleys intersecting with Third Street between Center Avenue and Loudon Avenue~ and a ~ortion of Second Street, N. W., having previously been before Council for Its first reading, read and adopted on ire first reading and laid over, was again before the bo~y, Hr. Thcenas offering the following for its second reading and final adoption= {%22948) AN ORDINANCE permanently vacating, discontinuing and closing (a} a certa£n portion of Third Street, N. W. lying between Center Avenue, N. W., and Loudon Avenue, N. W.; (b) a 12-foot wide alley lying east of Third Street, N. W., between and parallel to Center Avenue, N. W., and Loudon Avenue, N. W., extending easterly from its intersection with Third Street, N. W., to its intersection with the middle point of Second Street, N. W., (closed by City Council Ordinance ~50]? December 18, foot wide a!luy lying west of Third Street, N. W., between and parallel to Center Avenue, N. W., and Loudon Avenue, N. W., extending westerly from its intersection of Third Street, N. W., 214.54 feet. (For full text of Ordinance, see Ordinance Book No. Mr. Thc~as moved the adoption of the Ordinance. The motion was seconded by Mr. Taohm~n and adopted by the following vote: AYES: Messrs. Garland, Hubard, Li~k, TaUbman, Thomas~ Trout and Mayor Taylor ................................. NAYS: None ........................ ZONING= Ordinance No. 22949 rezonlng property located at the north- west corner of Forest Park Boulevard and Melrose Avenue, N. W., described as part Of Lot 4, Block 2, Map Of Forest Park, Official Tax Nos. 2431613 and 2431614, from C-lw Office and Institutional District, to C-2, General Commercial District, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the bo~y, Mr. Thomas offering the following for its second reading and f$na! adoption= 251 252 (122949) AN ORDIltAJlCE to amend Title L'V, chapter 4.1, Section 2, of The Code of ~he City of Roanoke~ 1956~ as amended~ and Sheet No. 243, Sectional 1966 Zone Hap, City of Roanoke, in relation to Zoning. (For full text of O~dinance, see Ordinance Book No. Mr. John P. Bradshaw, Chairman, City Planning comm~ssion~ appeared before council and stated that he is not sure the rec~ndation of the City Planning Comndssion was properly presented to the Council at its public hearing last week, advising that the Planning Commission felt it would be in the best interest of the city to deny the request, that the area between Melrose Avenue and the school should remain office and institutional or residential, that con- struction of a quick focx1 store opposite a public school is not in the best l~terest Of the city, that there are other areas to the west of Melrose Towers that are available for C-2 usage and also available areas to the east of K-Mart. After a discussion of the matter, Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the followLng vote: AYES= Messrs. Garland, Hubard, Llsk, Taubman, Thomas, Trout and Mayor Taylor ................................... 7. NAYS: None ..........................0. STREETS AND ALLEYS-SPECIAL PEPSi[TS: ordinance No. 22953 permitting an encroachment of a loading dock of Warehouse F~terprlses, Incorporated, located on property at 902 13th Street, S. W., bearing Official No. 1221201, one and one-half feet into the south right of way of Virginia Avenue, S. W.~ for a distance of four feet, upon certain terms and conditions, having pre- viously been before Councll for its first reading, read and adopted on its first reading and laid over, was again before the body~ ttr. Thomas offering the following for its second reading and final adoption: (%22953) AR ORDINANCE per~[tting an ea%croachme~t of a loadlng dock of Warehouse Enterprises, Inc., located on property at 902 13th Street, S. W., hearing official No. 1221201, one and one-half (1-1/2) feet into the south right of way of Virginia Avenue, S. W., for a distance of four (4) feet, upon certain tel~ns and conditions. (For full text Of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lick, Taubman, Thomas, Trout and Hayor Taylor .................................. 7. NAYS: None ........................ 0. TRAFFIC: Ordinance No. 22959 providing for the disposition by auction of those abandoned vehicles removed from publlo grounds of the city e_nd stored by the city for more than ninety days, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Lisk offering the following for its second reading and final adoptions (122959) AN OlmI'~lCg amending and reordsining Sec. 159. Same - Vehicles not redee.~ed wlt.hin ninety da~s, of Chapter 1. Traffic cod~, of Title XVII~. Motor Vehicles and ?raf£1~ of ~he Code of the City of Roanoke, 1956, as a~ended, to provide fog the disposition by auction of those abandoned vehicles removed from public grounds of the City and stored by the City for more than ninety days. (For £ull text of Ordinance~ see Ordinance Book No. ~r. Llsk moved the adoption of the Ordinance. The motion was seconded by ~r. Thomas and adopted by the following Votes AYES= Hessrs. Garland~ Hubard, Lisk, Taubmant Thomas, Trout and ~ayor Taylor ................................... ?. NAYS= None ..........................0. BUDGET-SCHOOLSI ordinance No. 22965 ~aklng tentative appropriations for the Roanoke City Schools for the year beginning July 1, 1976 and ending June 30, 1977, having previously been before Council for its first reading, read and adopted on itl first reading and laid over, was again before the body, Pr. Trout offering the following for its second reading and final adoption= (%22966) AN O~DINANCE ~aking tentative appropriations for the Roanoke city Schools for the year beginning July 1, 1976, and ending June 30, 1977. (For full text of Ordinance, see Ordinance Book No. Pr. Trout moved the adoption of the Ordinance. The motion was seconded byMr. Taubman. Mrs. Jane F. Lower, President, Roanoke Central Council PTA, appeared before the body and read a prepared stat~ent imploring Councll to reconsider the severe cut in the school budget. (For full text, see statement as filed in the City Clerk's Office.} Mr. Daniel Wilson and Pr. John I~ughlin appeared before council and urged that the cut not be ~ade and stated that they would rather pay additional taxes to avoid any severe cuts in the school budget. Pr. Lisk offered a substitute motion that $500,000.00 be reinstated to the total school expenditure. The ~otion failed for lack of a second. Mrs. Onie Ashby appeared before Council and raised certain questions as to whether the above action will finalize the school budgetI whereupon, the Mayor advised that the Ordin~/lce is tentative and no final action will be taken ~ntil such tine as Cottnoll 'adopts the overall 1976-?? fiscal year budget. Mrs. Ashby then asked if what she thinks she is hearing Council say is that the only way the citizens cai% have quallty education is for them to have a mass number of people at the public hearing on June 21st in order to express those vlewsi whereupon, it was the general feeling of the Mayor and certain members of Coth~cil that large nttmbers of people ~ay appear at the public hearing if they wish to do so, however, this will not alter the situation if 253 254 Ordinance No. 22966w on its second readingw vas then adopted by tho following vote= AYES= Messrs. Garland, Hubard, Ta,,~m-n, Thc~as, Trout and Mayor Taylor NAYS~ ~r. Lisk ................................. ~r. Lisk moved that council go on record appropriating an additions! $45~000.00 to tho 1976-77 school budget to cover tuition free sum~er school. The motion was seconded by }ir. Garland and lost by the following vote= AYES~ Messrs. Garland and Lisk ................................2. NAYS= Messrs. Hubard~ Tau~n~ Thomas, Trout and Mayor Taylor ................................................................... CZTYENGINEER: Council having directed thc City Attorney to prepare the proper measure approving issuance of Change Order No. 2 to the city's contract with pebble Building Company for constr~ction of the city's new municipal parking garage on Church Avenuew S. W.~ to provide for a change i~ the plans for tho construction design of said garage, ~pon certain terms a~d condit[ons~ providing for reimbursement to the city hy The First National Exchange Bank of Virginia for the increased costs necessitated by said change~ he presented same~ whereupon, Mr. Thomas offered the following emergency Ordinance= (%22993} AN 0~DZNANCE approving issuance of Change Order No. 2 to the C£ty~s contract with Pebble Building Company for construction of the City's new munlcipal parking garage on Church Avenue, S. W.~ to provide for a change in the plans for the construction design of said garage upon certain terms and conditions~ providing for rei~aburs~ent to the City by The First Natlonal Exchange Ba~k of Virginia for the increased cost~ necessitated by said change~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Thomas moved the adoptlo~ of the Ordinance. The motion was seconded by}tr. Tatl~lan. Mr. Trout offered a ~ubstitute motion that the emergency clause be deleted frc~ the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Thomas and Trout ..........4. NAYS: Mr. Lisk ......................................... 1. (Mr. Taubman and Mayor Taylor not voting} Mr. Trout then moved that the following Ordinance be placed upon its first reading as amended= (%22993) AN ORDINANCE approving issuance of Change order No. 2 to the City's contract with ~ebble Building Company for construction of the City's new municipal parking garage on Church Avenue, S. W.~ to provide for a change in the plans for the construction design of said garage upon certain terms and conditions~ and providing for re~bu~s~nent to the City by The First National Exchange Bank of Virginia for the increased costs necessitated by said change. (For full texb of O~d~nance, see Ordinance Book NO. The motion vas seconded b~H~o Thomas ~d adopted by ~e foll~9 A~z' Hessrs. Ga~i~d, H~ard, ~s and ~out .............. 4. (~. To-~n and ~yor Taylor not voting) C~SATZON ~O~-~ZSSZO~R OF ~ Co~c~ hav~ng d~rected ~e City Atturney to prepare ~e proper measure approv~g'~lo~t of a key- p~ch o~rator In ~e O[f~ce of ~e C~ssioner o~ Revenue to f~ll a vac~ ~n said off~ce, he presented s~; whereu~n, ~. Th~s offered the foll~ng (~229~4) A ~SOLUT[ON approv~g ~lo~ent o[ a ken.ch o~rator in ~e Off~ce of ~e Co~ss~oner of the Revenue for ~e C~ty of Ro~oke, to fill a vacancy existing ~n that o[f~ce. (For full t~2 of ~esolution, see Resolution ~k No. ~. Th~s moved the adoption of the Resolution. The mo~on was seconded by ~. Trout and adopted by ~e fol[~ng vote: AY~= Hessrs. Garl~d, H~ard~ Li~k, Ta~, Tho~s~ Trout and Mayor Taylor ...........................................................7. NAYS; None .................................................. 0. BU~ET-CO~SATION BO~= ~. Hubard offered the following Resolution advising ~e State Com~nsat~on ~ar~ of the el~nat[on of certain offices ~d ~sitions in the city's a~[n~strative force, and request~g sa~d ~ard to el~inate certain ~sitions of ~plo~ent ~n ~e Constitutional offices of ~e c~ty: (%2299~) A ~OLUTION advising ~e State Compensation Board of ~ elevation of certain offices and ~s[t[ons in ~e City's a~n[strative force, and re~est~g said Board 2o el~inate certain pos[t[ons of ~plo~ent ia the Const[tutionaZ offices of ~e city. (For full t~t of Resolution, see Reso[utlon ~ok No. ~. H~ard move~ ~e adoption of ~e R~olut~on. The motion was seconded by ~. ~s and adopted by ~e fo11~[~g vote: A~S: Messrs. Garland, H~ard, Tarn, Th~s, Trout and Mayor Taylor ................................................................. NAYS: ~. L~sk .............................................. 1. MOTIONS ~ HISCE~S BUSI~SS: C~I~S: Mr. H~ard presented a c~icat~on rec~d~g that Co~c~ d~scuss a~ ~o~c~l appendants ~n op~ session, re~est~ng ~t Cocci1 ~e its n~nat[ons to ~ese b~te~ on ~e approprlate fo~ prepared by ~e City Clerk and avail~[e ~ ~at office and fu~ish ~e completed fo~ to m~ers of Co~cll wi~ ~ agenda ~terial on ~e appropriate Friday ~d at ~e Co~cil meeting on ~e n~t Monday, such no. nations would be ~de in open Cocci1 session and Cocci1 wo~ld vote on s~e wi~out gong i~to ~ecutive Session ~less Co~cil, by a roll call vote, de~ed it necessa~ to discuss ~y n~ee~s ~alifications in ~ecutlve Session. 255 256 Fr. Eubardmoved that the matter be refer~ed to the City Attorney for the pumpose of incorporating same Into the procedure which ls to be presented to Council at Its meeting on Tuesday, July 6, 1976, relative to the number of meet~gs to be held by Council, Executive Sessions and certain committee rest~ac- turing. The motion was seconded by Fr. Tau~man and adopted by the following AYES= Messrs. Garland, Hubard, Liskw Ta-~, Thomas, Trout and ~ayor Taylor ..................................... ?* NAYS~ None ............................O* COUNCIL= ~r. Llsk~oved that council meet in Executive Session for the purpose of discussing a personnel matter and that the meeting be recessed in the event that certain action needs to be taken. The motion was seconded by Mr. Gar[and and adopted by the following vote= AYES= Messrs. Garland, Hubardt Llsk~ Ta~n, Thomasw Trout and Mayor Taylor ................................... NAYSt Nose ..........................0. OTHER HEAR~NGS OF SCHOOLS= Mrs. O~ie Ashby appeared before Council and proposed that Council a~oint a committee to establish a format or procedure which is not legally binding, hut could he followed for future appolnt~ents by Council to the Roanoke City School Board, advising that it would be her suggestion that this committee be composed of several members of Council, a representative of the Roanoke E~ucation Association, a representative Of the Central Council PTA and a representative of the League of Women Voters. Mr. Lisk moved that the Mayor be authorized to appoint such a committee. The motiom was seconded by,tr. ~bard and u~anJ~aously adopted. CE~EBRATIONS= ~Lr. Hubar~ advised that he is in receipt of a commun£- cation fr~r. W[lliamK. Craft, Event Coordinator, Bicentennial Comal[ssion, advising that at the Rice~nte~mial Parade on July 5, there will be no band representing any organization in the City of Roanoke~ whereupon, Mr. Hubard moved that Counoll state it will look with favor upon a local hand, school or otherwise, partic[patlng in the July 5 Bicentennial Parade. The motion was seconded by Mr. Lisk and lost by the following vote by virtue of the fact that a unanimous vote must be carried when an item is brought up off the written agenda= AYES= Messrs. Garland, Hubard, Ta-h~n, Trout and~ayor Taylor ................................................5. NAYS= Messrs. Lisk a~d Thomas .............. 2. COUNCIL= After the Executive Session, the Mayor advised that Council had been discussing m~tters dealing with its ongoing evaluation of the city situatlont the mandate upon the Council to implement the budget process and to operate an effective city, and it was agreed that the Council w~ll hold an tnfor~al open study and plenning meeting on Friday, June 25, 1976, the purpose of which w~11 be to discuss the future direction of the Council and how its effectiveness might be increased. There being no fu=ther business, the Hayor declared the meet/rog adjourned. ATTEST City Clerk APPROVED ~ayor 257.. 2§8 COUNCrr.~ REGULAR ~4EETING, Mondaym June 14~ 1976. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke~ on Honday~ June 14, 1976, at 2 p.m., the regular meeting hour, with liayor NOel C. Taylor presiding. pp. EsE~=' Councilmen Robert A. Garlands Willi~ua S. Hubard~ David K. ~.lsk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Hayor Noel C. Taylor ............................................. 7. ABSENT = None ...........................0 · OFFICERS pRESENT: Mr. Byron E. Haner, City Managerl Mr. Sam H. McGhee, III, Assistant City Hanager~ Mr. James N. Kincanon, City Attor~ey~ Mr. Ja~es E. Buc~holtz, Assistant City Attorney~ Mr. A. N. Gibson, Director of Flnance~ and Hrs. Mary F. Parker, City Clerk. INVOCATION: The m~eting was opened with a prayer by the Reverend Robert Jeffrey, Pastor, Pilgrim Baptist church. MINUTES: Copies of the minutes of the regular meeting held on Mon- day, May 24, 1976, alld the regular ~eting held on Tuesday, J~ne 1, 1976, having been furnished each member of Council, on motio~ of Mr. Trout, seconded by Hr. Lisk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. PROCLAMATIONS= The Hayor presented a Proclamation declaring Jtule 26, 1976, as REUNION DAY FOR THE C~ASSES OF 1941 and 1942 OF JEFFERSON SENIOR HIGH SCHOOL and called upon all citizens of the City of Roanoke to join him in extending best wishes to all members of the aforementioned classes. (For full text, see Proclamation as filed in the City Clerk's Office.) SCHOOLS: Mr. Taub~an moved that the item scheduled for later on the agenda concerning appointment of a member to the Roanoke City School Board to fill the unexpired ter~ of Mr. Samuel P. McNeil ending Ju/le 30, 1977, be addressed by the Council at that time. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Tauhman~ Thomas, Trout and Mayor Taylor ....................................... ?. NAYS= None ..............................0. Hr. Hubard placed im nomination the nam~ of the ReYerend James A. Allison. Hr. Trout placed in no~nation the nam~ of }ir. Joseph K. Ingram. Hr. Thc~nas moved that the nominations be closed. The motion was seconded by Mr. Tat~an and una/li~ously adopted. Upon the following vote, Mr. Joseph K. Ingram was then appointed as a m~mber of the Roanoke City School Board to fill the unexpired term of Mr. Samuel P. McNell ending June 30, 1977= FOR MR. INGP~Jt: Messrs. Garland~ Llak, TaUb~a/%~ Thc~nasw Trout and Mayor Taylor ......................................................... 6. FOR HR. ALLISON: Mr. Hubard ................................ 1. HEARING OF CXTXZENS UPON PUBLIC AIRPORTs Pursuant to notice Of advertisment for bids for sealing portion of Runway 27 at Roanoke Hunicipal Al~port~ Wood~umFleld, with rubberized sand slurry, said proposals to be received by the City Clerk until 1:30 p.m., Monday~ June 14, 1976, and to be opened before Council et 2~00 p.m.w on that date, the Hayor asked if anyone had any questions about the advertise- ment for bids and no representative present raising any question, the Hayor structed the City Clerk to proceed with the opening of the bidsl whereupon, the City Clerk opened and read the following bids: Joh~ A. Nail & Company, Incorporated - $ 17,495.63 Claude Eggleston Company, Incorporated - 17,795.55 slurr~ Pavers, Incorporated - 22,994.25 Hr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recoamendation to Council. The motion was seconded by Mr. Taubman and unanimously adopted. The Mayor appointed Hessrs. Sam H. HcGhee, III, Chairman, R. C. Poole and R. B. Turptn as members o£ the committee. BUDGET-CO~HOICHEALTHtS ATTOR/~EY-JUVENZLE AND DOHESTZC RELATIONS DISTRICT COURT-CLERK OF CIRCUIT COURT: A e~u~ication from Hr. Robert F. R/der, Co~u~onwealth~s Attorney, certain constitutional Officers and Judge Koontz, Jr., advising that they would like to ~tscuss certain personnel ~atters, was before Council. The Co~onwealthts Attorney requested that his presentation be made in Executive Session. Hr. Trout moved that the request be granted and that Council meet in Executive Session at the end of the Council meeting to hear certain constitu- tional officers on persoralel ~tters. The motion was seconded by Mr. Ta~hmAn and adopted by the following vote: AYES: Messrs. Garland, Hubard, Ltsk, Taubman, Thomas, Trout and Mayor Taylor .................................... NAYS: None .............................0. BUDGET-SHERIFF: A communication from Sheriff Paul J. Puckett relatlve to the eliminatlon of the positions of two deputies assigned to court security, advising that the person responsible for making the decision to request removal o£ the Courtroom Security personnel at this tine is unaware of the kinds of problem~ being encountered in the Courts and the dangers involved when there is inadequate security personnel to man the Courts, and requesting that Council reconsider its request to eliminate positions in the Sheriff*s Office, was before Council. (For full text, see communication as filed in the City Clerk*s Office.} Mr. Thc~nas moved that the oommunicatton be referred to 1976-?? budget study. The motion was seconded by Mr. Ltsk and unanimously adopted. 259 26O BUDGET-SCHOOLS-TAXES= Hrs. Srm[nle K. Hright appeared before Council and read a prepared statement concerning exorbitant spending for clt~ schools, ob~ectlor,s to any increase In taxes or 'serVice fees' for garbage collection, end an explanation o£ an untapped source of revenue. (For full text, see statement as filed in the C~ty Clerkts Off~ce.) Mr. Garlend moved that the statement be received and filed. The motlonwas eeconded by Hr. Llsk and ~nan[mously adopted. PETITIONS AND CONMUNICATIONSt BUDGET-SCHOOLS= A communication from the Roanoke C~ty school Board requesting that $1,000,000.00 be appropriated to Section %2123, 'Teachers~ Salaries,' of the 1975-76 budget, said amount being deferred from the 1974-75 School Board budget and needed for teachers* salaries, was before Council. (For full text, nee communication as filed in the City Clerk*s Office.) Hr. hlsk offered the following emergency Ordinance appropriating the requested funds= (%22996) AN ORDINANCE to emend and reordain Section %2123, =Schools - Teachers~ Salaries,' Of the 1975-76 Appropriation Ordinance, and providing for a/l e~ergency. (For full text of Ordinance, see Ordinance Book No. Hr. Lisk moved the adoption of the Ordinance. Themotion was seconded by Mr. Taubman and adopted by the foIlowing vote= AYES= Messrs. Garland, Hubard, Lisk, Ta-hm~n, Tho~as, Trout and Mayor Taylor ................................... 7. NAYS: None ..........................0. BUDGET-SCHOOLS: A communication from the Roanoke city School Board requesting that $480.00 be appropriated to Section ~13482, "Fishburll Park Elementary School,= of the 1975-76 budget, to provide funds for final payment of architect fees for the Fishburn Park Elementary School - Conununity Room, was before Council. (For full text, see con~=unicatton as filed in the City Clerkts Office.) Mr. Trout moved that Council concur tn the request and offered the following emergency Ordinance: (~22997} AN ORDINANCE to amc/id and reorda~n Section %13482, 'Schools - Fishburn Park Elementary School,m of the 1975-76 Appropriation Ordinance, providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. 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, Lisk, Taubman, Thc~as, Trout and Mayor Taylor ...................................... 7. NAYS: None .............................0. WATER DEPARTMENT: A petition signed by 23 residents of the Medmont section and ad]ace~t area which was recently a_~nexed, requesting that the city extend to them as of ~o. uuary ~ ~976~ vater se=~lcs at rates applicable ~lt~ Is In a position to f~lsh ~la ae~lce~ It re~se ~e water patrons In this a~ea for ~e diffe~enc~ betwe~ ~e rates u~rge~ by ~lic Se~lce lu~ority and thos~ cha~ged by ~e City Water ~pa~nt~ was before Coucll. {For full t~t~ see petition as filed ~ ~e City Clerk's Office.) ~. Trout moved ~t ~a petition ~ referred to ~e Water-Resources C~ttee for its lnfoatton ~ co. action wl~ its stay of the ~tter. The motion ~as seconded bye. Garl~d and ~an~usly adopted. BU~ET-WA~ DEP~T~ ~e City M~ager s~tted a written re~r~ re~esting ~at $25,000.00 ~ appropriated to Supplies and~terials - Construc- tion ~de~ Section ~605~ '~tflity Line Facilities,' of ~e 19~5-~6 budget, to provide f~ds for hydr~lt ins~11ation in ~e a~ed areas and for laying 16' and 8~ water.ins In ~ Mo~da Park section of ~e a~exed areas. (For full text, see report as filed in the City Clerk's Office.) ~. Th~s moved ~at Co~cil concur In ~e request an~ offered ~e roll.lng ~erg~cy Ordinate appropriating $25,000.00 to Supplies and Materials - Construction ~der Section %605, 'utility Line Fa=ilities,' of 19~5-76 budget= ~e Facilities,' of ~ 1975-76 Appropriatiou Ordinanc~ an~ providing for an (For full t~t of Ordln~ce, see Ordin~c~ ~ok No. ~. ~s moved ~e adoption of ~e Ordinance, The motion was second- ed by ~. Lisk and adopted by ~e foll~ing vote= ~yor Taylor ....................................7. NAYS: None ........................... G~TS-P~ING: The City~ager s~tted a written report advising of ~e approval by the Depar~ent of Housing and Urb~ ~velo~nt of ~e 19~6- 1977 Co~fty Development Block Gr~t application in ~e ~o~t of $2~629,000.00, ~d r~esting au~orlzation to execute acceptance thereof on behalf o[ th~ city. (For full t~t, see report as filed in ~e City Clerk's Office.) ~. H~ard moved ~at Co~cll conc~ in ~e report an~ Offered foll~g Resolutlon= (~2~999} A ~O~TION accepting a certa~ C~ity Develo~ent Bl~k Gr~t o~fer ~ the ~o~t of $2,629,000.00 ~de United States Deponent of Housing ~d Urb~ Develo~ent ~d~r Title I of P~llc Law 93-3831 and au~orlzlng Byron E. ~er, City City's accept~ce of ~ aforesal~ gr~t offer on behalf of the City of Ro~oke 261 .262 and to agree, on behalf of said City, to cc~ply with the te~ms and conditions of the agreement, applicable law and requlations and requirements of said Depart- ment pertaining thereto. (For full text of Resolutionw see Resolution Book No. ~r. Hubard moved the adoption of the Resolution. The motion was seconded by H re Llsk and adopted by the following vote: AYES: Hessrs. Garland, Hubard, LIsk, Ta,,~, Thc~as, Trout and Hayer Taylor ......................................7. NAYS: None ..............................0o POLICE DEPARTHENT-D(X~S-COHPLAINTS~ The Clty Hanager submitted a written report advising of a reconvuendation to the Personnel Board that One patrolman position, Grade l?t be convsrted to Animal Control Warden (civilian}, Grade 15, to be effective in July-August, assvming concurrence by the Board. (For full text, see report as filed in the City Clerk's Office.} Hr. Hubard moved that the report be received and filed. The motion was seconded by Hr. Thomas and unanimously adopted. hAW LIBP~RY: The City Manager submitted a written report requesting and recc~mending permission to advertise now for filling a Librarian II position for the Law Library in order that its operation as a public library as required can be commenced. (For full text, see report as filed in the City Clerkts Office.) Mr. Hubard moved that Council concur in the recommendation of the City Mane!sr. The motion was seconded by Hr. Garland and unanimously adopted. EQUIPMENT: The City Manager s-SmUtted a written report concurring in a report of the ~id Committee reco~nending that the city accept delivery of a Drott Excavator Backhoe with 12 ply tires rather than 14 ply tires, and accept the offer of Rish Equipment Company for a price credit of $2?5.00. (For full text, see reports as filed in the City Clerkts office.} Hr. Taub~an moved that Council concur in the reports. The motion was seconded by Hr. hisk and u~an{mousl~ adopted. GAI~BAGE I~4OVAL: The city Manager submitted a written report advising that the Roanoke Valley Regional Solid Wast~ Ha~age~aent Board at its meeting on June 9, 1976, voted to ask the city to make the transfer in owner- ship of 261.25 acres of land purchased for landfill purposes from Hr. H. S. Thomas, less 16.59 acres thereof conveyed to th8 United States of America for use Of the Blue Ridge Parkway, from the City of Roanoke to the ~oint ownership of the City, the County of Roanoke and the Town of Vinton, as agreed to in the Roanoke Valley Regional Landfill Agreement, recommending that the city Attorney be requested to prepare the necessary measures and deed to make the transfer. (For full text, see report as filed in the City Clerk's Office.} Hr. Troutmoved that Council concur in the report and that the following Ordinance be placed upon its first reading: J (f23000) ~ OI~DIHAHCE aukhoriz:Ll~g'Mld dlrect:i~g 'c~ City's convey~ce to the Co.ky o~ ~oke ~d'ko ~e ~ o~ V~tdn'ce=ta~ ~dSvSded inte=ests In ~e residue of ~k 257.08 acre tract of'l~dsikuate Sn ~oke VSrg~nla, a~uired ~ ~e C~ty as ~e site fo~'a regional Solid was2e dis~sal facIl~t~ b~ deed dated ~tober 10, 1973, u~n certain te~ ~d conditions. ~e no2~on ~as seconded b~ ~. L~sk and adopt~ by ~e A~z Hess~s. Garl~d~ H~ard~ Llsk~ Tavern, Th~s~ Trout and Mayor Taylor ...................................... 7. NAYS~ None .............................0. A~RI~-COL~S~ The City ~ag~r s~ted a written rec~end~ng that ~e lease agre~nt w~ ~erl=~ Motor In~s~ ~ncor~rated, for catering an~ concession se~lces at ~e Civic Canter be ~xtended ~r~ Au~st 1, 19~5, ~rough August 1, 1979, lnco~rattng ~e reco~endat~ons w~ res~ct to cater~n~ an~ concession ratas for the ~eri~Au~st 1, 19~5~ t~ough August 1, 19~7, a~ ~e fo~ula for dete~nin9 a~ittons to ~e ratas for the August 1~ 19~7, t~ough August 1~ 19~9, a~ per attache~ (For full text, see re~rt as filed In ~e City Clerk's Office.) ~. Ta~ ~ve~ that Cocci1 conc~ in ~e reco~en~ation an~ ~at the report be referre~ to ~ City Atto~ey for preparation of th~ proper The ~t~on was secon~e~ bye. Lisk ~ ~an~usly C~ ENG~A= The City ~nager s~tted a writtea report in tlon wi~ the P~11c Works S~lce C~ter, advising that as any ~rtton of the bui~i~g is c~l~te an~ ready for occu~cy, the depar~ent utilizing ~at section will be move~ ~, leaving ceftin previously occugied bui1~ngs vac~t ~d s~A~s~ re~esting con~rrence for and rec~en~ng ~at these bu~l~ings be ~oli~hed. ~. H~d movad ~at Co~c~l conc~ In ~e rec~en~atlon of the City~nager to ~ol~sh ~e Wllli~on Roa~ Signal Shop (it~ 1), ~e H~ghl~ Park ~ten~ce ~ea (it~ 2}, ~d Garaga - Warehouse Complex on C~p~ll Avenue (it~ 3)~ ~ ~at ~e C~stal Spr~ng ~dlo Shop (it~ 4) be delete~ ~ ~at ~e C~ty ~ager be requeste~ to give f~er consideration to ~y future use of ~e C~stal ~pr~g Ra~o Shop. The motion was seconded by ~. Ta~n and ~ously Mr. Lisk moved, aftar ~e Wllli~on Roa~ Si~al Shop ~d Garage - Warehousa C~pl~ hav~ be~ ~o1~she~, ~at ~e 1~ be re~erre~ to ~e City ~ager ~ ~e Real Estate Co~ttee for rec~endatlon as to ~sposition. ~e motion was seconded by ~. Garl~ ~d ~usly G~S-P~ ~ P~YGRO~S: The C~ty~nager s~tte~ a written re~rt tr~s~tting a description of th~ Virglnia O~f~us Work-Study Pr~r~, a~v~sing that ~ee students have ~ ~entlfled for ~lo~ent in Parks and Recreatlon {playlea~ers); ~ rec~en~ing au~ortzation to enter ~to ~is agre~t. (For full text, see report as f~le~ ~n the City Clerk's Office.) 2'63 264 H~o Oarlandmoved that Council concu~ ~1 the recommendation, The motion was seconded by H~, Hubard and unan~ouely adopted, ~r. Lisk~oved that the report be referred to the City Attorney for prepa~ation of the proper mossu~e, The~otio~ was seconded by H~o Tauh~n and unanimously adopted. STADIUH~ The Clty H~nager sub~tted a written report rncc~manding that Council waive the ~en~al for Vlctor~ Stadium on 3uly 5 for the Roanohn Valley Bicentennial Co~tssion and permit the Cc~mission to have the concession to sell items on that date. (For full text, see report as filed in the City Clerk's Office.) Hr. Thomas moyed that Council concur in the recommendation and that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by}ir. Lisk and unanimously adopted. ANNEXATION= The City Attorney submitted a written report advising that the Judges of the Annexation Court have set the County*s motion for hearing on August 12 and possibly August 13, in the Council Cha~bers~ and requesting an Executive Session to brief council on this and perhaps other legal matters. {For full text, see report as filed in the City Clerk's Office.) Hr. Thc~as moved that Council concur in the request for an Executive Thn~otion was aneondod by Hr. Tauh~an and adopted by the following Mayor Taylor ...................................... ?. benefits by permitting any employee under certain circumstances to acc~nulate dls~ssal Of this acctunulated special leave, advising that if Co~3cil concurs in the recommendation an a~propristion of $55,000.00 will be necessary~ and of $35,000.00 will be necessary. (For full text, see report as filnd in the City Clerk's Office.) seconded by Mr. Lisk and unanimously adopted. presented an Ordinance providing for the execution of a eertai~ Pay~/~g Agency Agreement between the City of Roanoke, as principal, and United Virginia Bank, with its principal office located in t~e City of l~lcb~ond, Virginia, as fiscal agent of ~he city, and to designate ~he principal office of said Bank~ Wl~ CitY.k, N.A., as alternate places of paint zelat~g to th~ Citers pa~ent of ~e ~nds au~orized by ~solution No. 22957 to ~ advertised for sale on J~e 23, 1976, an~ of ~e ~terest coughs ~tur~ng on sa~d ~ds~ and prov~d~n9 for the Perl~cal ~est~ction of ~e aforesa~ ~nds ~ ~nterest coups certification of ~e facts of such paint ~d d~s~uct~on ~n ~e fo~ prov~de~ ~n SS 15.1-184.~ of the ~950 C~e of V~rg~nia~ as ~. ~s offere~ the foll~ng ~rg~ (~2300~) ~ O~I~CE providing for ~e execution o~ a ceftin Pay- ~ng Agen~ Agre~t between ~e City of Ro~oke~ as principal, and Un,ted V~rg~n~a Ba~, w~ ~ts pr~nc~pa~ off~ce l~ated ~n ~e C~ty of R~c~ondf V~rg~nia~ as f~scal agent of ~e Clty~ ~ to desk.ate ~e princ~pal office said ~, t~e~er w~ C~t~ba~ N. A., as alternate places of pa~ent relat~g to ~e C~ty's pa~ent of ~e ~nds au~or~zed by Resolution No. 22957 to be a~vert~se~ for sa~e, and of ~e ~nterest cou~ns ~t~ng on sa~d bonds~ an~ providing for ~e per~cal destruction of the aforesaid ~nds and interest coupons and certification of the facts of such pa~nt and dustruct~on In the ~er and lo. provided ~n SS 15.1-184.1 of the 1950 Code of V~rg~nia, as ~end~; an~ provid~g for ~ ~. Th~s moved ~e adoptio~ o~ ~e Ordinance. The motion was seconde~by~. Ta~ an~ adopted by ~e fo11~n~ vote: A~S: Messrs. Garland, H~ar~, L~sk~ Ta~ ~s, Trout an~ Mayor Taylor ....................................... ~YS: None .............................. 0. ~ORTS OF C~I~EES: P~SIONS: ~. A. N. GIbso~, Secre~-~eas~er, ~ar~ of T~stees, ~ployees* Retir~ent Syst~ presented a report of ~e Board ~n co~ectlon wi~ a re.est ~t ~loy~es of ~e Police ~ Fire Pension Syst~who r~tire~ w~ less th~ 30 years of se~ice be given an adjus~ent of per mon~ for each year in ~xcess of 25 years of se~ice to parallel ~e bene- fits g~v~ ~ose e~oyees w~ se~ce ~n ~cess of 30 years~ rec~d~g that ~ese retirees be given $15.00 9er mon~ for ea~ year in excess years of se~ice but l~ted to a tota~ benefit of $100.00. (For fu~ t~t, s~e report as f~e~ ~n ~e c~tyClerk's Off~ce.) ~. Lisk moved ~at Cocci1 concur in the report of th~ ~ard ~at necessa~ action be taken by the a~n~s~at~on to ~l~ent ~e reco~enda- tion. The motion was seconded bye. Garland an~ ~usly adopted. P~S~ONS: ~. A. N. Gibson~ Secreta~-Treasurer, Board of T~stees, ~loyees' Ret~r~ent Syst~ present~ a report o~ ~e Boa=d ~ connection wi~ a re~est for p~sion ~ncreases for retirees ret~re~ ~der provisions of ~e Po~ce an~ F~re P~s~on Syst~, a~v~s~ng ~at ~ Boar~ does not rec~ an increase in ~nefits for ~es~ retirees~ but would rec~en~ ~at shoul~ these retirees be grante~ additional ~nefits~ ~en ~loyees ~er the ~ployees~ Ret~r~ent S~st~ should a~so ~ {For ful! text, see report aa filed in the City Clerk's Office.) l~c. Bubard moved that the report be received and filed and concurred in by Council. The motion vas seconded by ~ir. Lisk and unanimously adopted. pENSIOHS$ l~r. A. N. Gibson, Secretaryo~easurer, Board of Trustees, Employees~ Retirement System~ presented a report of the Board in connection with changing the ratio of cc~on stocks and bonds; advising that the Board considered this matter at sc~e length and has taken the matter under advise- ment, that it will continue to be considered and a future reco~mendation will be made. (For full text, see report as filed in the City Clerkts Office. After a discussion of the report, Hr. Ta-~m~n moved that the matter be referred back to the Board of Trustees for re-evaluation with the request that it lend a sense of urgency to the matte= and that it eu~m/t further report to the Council by the end of June. During a discussion of the motion, Hr. Thomas suggested that the ~ayor request the ~oard to meet with the Council dur~g its next budget study session in an effort to resolve the situation during a joint meeting of the two bodies, and stated that if Hr. Taubman would be willing to include that amendment in his motion, he would be willing to support the motion~ whereupon, Hr. Tauhman agreed to the inclusion of this amendment. The motion, as amended, was seconded by Hr. Trout and unanimously adopted. Hr. Lisk moved that Council meet in budget study session at 8:00 a.m., Tuesday, June 22, 1976, and that the Board of Trustees, Employeest Netir~ent System, be invited to meet with the Council at that time. The notion ~as seconded by Hr. Thomas and unanimously adopted. Hr. Hubard moved that Council set a special meeting for 2:00 p.m., Wednesday, June 23, 1976, for adoption of the 1976-77 fiscal year budget. The motion was seconded by Mr. Garland and unanimously adopted. Mr. Hubard the/% offered the following Resolution: {%23002) A RESOLUTION providing for a Special Meeting of the Counc/1 to be held on Wednesday, Ju~e 23, 1976, at 2:00 o'clock, P.M., Easter~ Daylight Time. Hr. Hubard moved the adoption of the Resolution. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Hessrs. Garland, Hubard, Lisk, Taubman, Thomas, Trout and Hayer Taylor ..................................... 7. NAYS: None ............................ PENSIONS: Mr. A. N. Gibson~ Secretary-Treasurer~ Board of Trustees, Employees* Retirement System, sub=~tted a written report of the ~oard transm~tt~g the Twenty-eighth Valuation Of the Employees~ Retirement System prepared as of J~ne 30, 1975, by George B. Buck Consulting Actuaries, Incorporated. (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. Taubma~ and unanimously adopted. UNFINISHED BU$~NESS: C~r.~-mRATIONS-CITY GOVER~HENT~ Council at 1ts last regular 1oeet~ng having de£erred action on a recc~mendation of the Roanoke City Arts Comm~ssion for a proposed new City Seal, the matter was before the body. Mr. Ta-~m~n moved the adoption Of the proposed new C~ty Seal as recommended by the Roanoke City Arts Commission, effective July It 1977. The motion was seconded by Mr. Hubard. Mr. Hubard stated that council referred the first proposed design back to the Commission with the suggestion that both a star and mountain be shown, that the new proposal indicates there is a star on the mountain but the mountain is not easily identifiable and it is not what he had In mind, and he would prefer to have both a star and a mountain on the new City Seal in a more recognizable For the above reasons, Mr. Hubard of£ered a substitute motion that the proposed design be referred back to the Roanoke City Arts Comm~ssion with the specific instructions that a design be submitted illustrating an identifia- ble mountain with a star on it, and that the Commission also be requested to solicit public input on the revised design prior to its presentation to Council through a newspaper opinion poll. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Hessrs. Hubard, Llsk, Ta~a~ and Mayor Taylor ........... 4. NAYS: Messrs. Garland, Thomas and Trout ........................ CONSIDERATION OF CLAIHS= NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND A/J~EYS= Ordinance No. 22973 permanently vacating, discontinuing and closing all that certain portion of Larchwood Street, N. E. 50 feet ~n width, extending from the south llne of Thurston Avenue, N. E., in southerly direction 196.77 feet, ~o=e or less, to where the sa£d Larchwood Street, N. E., was previously closed and vacated on Dece~ber 12~ 1960~ and also that certain portion of Indiana Avenue, N. E., 60 feet in width, extending from the westerly llne of Kimball Avenue, N. E., in a westerly direction 456.10 feet, more or less, to a point, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was agaLn before the bedy, Mr. Hubard offering the following for its second reading and final adoption= (%22973) AN ORDINANCE permanently vacating, discontinuing and closing all that certain portion of Larchwood Street, N. E., ~0 feet in width, extend- ing from the south line of Thurston Avenue, N. E., in southerly direction 196.77 feet, more Or less, to where the said Larchwood Street, N. E., was previously closed and vacated on December 12, 1960, Ordinance No. 14261, Ordinance Book 24, Page 306, said street berg shown on Sheet 311 of the City's Tax Appraisal Map, and also that certain portion of Indiana Avenue, N. E., 60 feet in width, extending from the westerly l~e of Kimball Avenue, N. E., (formerly Patrick Henry Drive,) in a westerly di=ect~on 456.10 feet, more or less, to a point, said avenue being shown on Sheet 307 of the City's TaX Appraisal Hap, all being in the City of Roanoke, Virginia. ~7 (For full text of OrdJ~la~lce~ see Ordin~lce Book ~lr. Mubardmoved the adoption of the Ordinance. The motionwa8 seconded by Mr. Llsk and adopted by the following Vote= AYES~ Messrs. Garland, Hubard, Llsk~ Thinest Trout and Mayor Taylor ..................................... 6. NAYS~ Nons ......................0. (Mr. Ta-~*n was out Of the Council Chamber) PARKS AND pLAYGROUNDS-WATER DEPART~ENT~ Ordinance No. 2298? authorizing and providing for an amendment to the Cltyts Concession Agreement da2e~ March 15, 1975, with C. B. Clemmer for the operation of the concession businsss at the City's Carvinls Cove Rsservoir in Roanoke County, by authorizing said concessionaire to rent paddle boats at Carvings Cove Reservoir certain terms and conditions, having prsviously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. ThOmas offering the following for its second reading and final adoption= (t22987) AN ORDINARCE authorizing and providing for an amendment to the Cityls Concession Agrsament dated March 15, 1975~ withe. B. Clemmer for the o~eration of the concession business at the City's Carvings Cove Reservoir in I~oanoke County, by authorizing said concessionaire to rent paddle boats at Carvings Cove Reservoir upon certain t~rms and conditions. (For full text of Ordinance, see Ordinance Book NO. Mr. Thce~as moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Thomas, Trout and Mayor Taylor .......................................... 6. NAYS= None ...........................0. (Mr. Ta~Bm~n was out of the Council Chamber) AIRPORT: Ordinance No. 22989 increasing the monthly rental for in- dividual hangar offices in Building No. 12 at Roanoke Municipal Airport, Woo~rumField, having previously been before Council for its first reading, read and adopted on its first reading end laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption= (%22989) AN ORDINANCE a~ending and rsordaining Sec. 11. Han~ar and miscellaneous buildin~ rentals, of Chapter 5. Air~ort, Title VIII. Of The Cods of the City of Roanoke, 1956, as amended, by increasing tbs monthly rental for individual hangar offices in Building No. 12 at Roanoke Municipal Airport, WoodrumField~ and providing for the effective date of this Ordinance. (For full text of Ordinance, see Ordinance Book No. 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, Thomas, Trout and Mayor Taylor ....................................... 6. NAYS: None ....................... 0. (Mr. Tau~m~anwas out of the Council Chamber) · PARK~NGGAP~E: ogd.inmlce NO. 22993 appro¥1ng issuance of Change Order NOo 2 to the city*e contract with Pebble Building Company for conetruction of the city's new municipal parking garage on Church Avenue, S. W., to provide for a change in the plane for the construction design of said garage upon certain terms and condit~on$! providing for reimbursement to the city by The First National Exchange Bank of Virginia for the increased costs necessitated by said change, having previously been before council for its first read,ag, read and adopted on its f~rst reading and laid over, was again before the bo~yw Hr. Trout Offering the following for ~te second reading and final adoption= (122993) AN ORDINANCE approving ~ssuance Of Change Order No. 2 to the City's contract with Pebble Building Company for construction of the Clty'n new municipal parking garage on Church Avenue, S. W., to provide for a change in the plane for the construction design of said garage upon certain te~s and conditions; providing for reimbure~nt to the City by The First National Exchange Bank Of Virginia for the increased costs necessitated by said change. (For full text Of ordinance, see Ordinance Book No. Hr. Trout moved the adoption of the Ordinance. The motion was seconded by}tr. Th~s and adopted by the following vote= AYES: Messrs. Garland, Hubard, Thc~s, and Trout ................. 4. NAYS= Hr. Lisk ...................................................1. (Hr. Ta,~m~n and P~ayor Taylor not voting ) COUNCIL-~UNICIPAL BUILDINg: Cooncil having directed the City Attorney to prepare the proper measure approving certain recoa~endations made by the Roanoke City Arts Con~nission for display of photographic portraits of former mayors of the City of Roanoke, he presented same; whereupon, Hr. Taubman offered the following Resolution: (~23003) A RESOLUTION approving certain reccgm~endatlons made by the Roanoke City Arts Commission for display Of photographic portraits of former mayors of the City. (For full text of Resolution, see Resolution Book No. Hr. Tau~anmoved the adoption of the Resolution. The motion was seconded by Hr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Lisk, Tau~man, Thomas, Trout and Mayor Taylor .......................................... 6. NAYS: None .......................... 0. (Mr. Nubard was out of the Council Chamber) HF~J,T~ DEPARTMENT= Council having directed the City Attorney to prepare the proper measure concurring in the State Department of Health's recommendation of appointment of Dr. John C. Alexander, as Director of Health in the City of Roanoke, he presented same; whereupon, the City Manager requested that the Resolution be wlthdraw~. Hr. Trout moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Thomas and unanimously adopted. ~269 9_,70 ~ATER DEPAR~HE~Tt Council hav~ng dL~ected t~e Cl~y A~o~ey ~o prep~e ~e pro~r ~as~e c~c~r~g In ~e cl~yts a~u~sl~lon the City o~ Sal~ o~ ce~ta~ water lines, facilities and se~lces o~ by ~e Clt~ of Sal~ and l~ated In ~e Clt~ of ~oke u~n ~lfication cer~ of ~e tem ~d provisions confined In Ordin~ce Ho. 22711, he sented s~e; ~hereu~n, ~. ~s offezed ~e foll~ln~ Resolution: (123004) A ~O~ION conc~ln~ in ~e City's acquisitto~ ~e Cit~ of Sal~ of ceftin ~ate~ lines, facllit~es ~d se~lces ~ed b~ the City o[ Sal~ ~d located ~ the Clt~ of ~anoke u~n ~lfication of ce~ta~ of the te~ and provisions contained In Ordinance No. 22711 adopted Februa~ 9, 1976. (Eog ~ull ~ oE Re~olu~on~ see ~esolu~on 5~ Ho. seconded by ~. Tarn and adopted by ~e foll~tng vote.' AYe= Hessrs. Garl~d, List, Tarn, Th~s, Trout and Hayor Taylor .......................................... 6. NAYS~ None ...........................0. (~. H~ard was out of ~e Co, ell Char) WA~R DEP~T: Co,cji having directed ~e City Attorney to prepare ~e proper measure relative to ~e 208 ~eawide Wastewater ~nag~ent Study, he presented ~e; whereupon, ~. ~o~s offered ~e fo11~ing Resolutlon: (~23005) A ~SOLUTION relative to ~e 208 ~eawide Wastewater ment Study. (For full t~t of Resolutlon, see Resolution ~ok ~. Tho~s moved ~e adoption of ~e Resolution. The motion was seconded by ~. Tarn and adopted by ~e followin9 vote: AYe: Messrs. Garland, List, Tarn, Tho~s~ Trout and Mayor Taylor .........................................6. ~YS: None ........................... 0. (~. H~ard was out Cocci1 Cheer) F~DS-~I~: CO~C~Z ~v[ng directed ~e City AttOrney prepare ~e p~oper meas~e conc~ring in and adopting certain FI~ Plain ~age- ment Objectives relative to ~e Roanoke ~ver and it~ ~utaries wi~i~ City of Roanoke, he presented s~e~ whereupon, ~. Tho~s offered ~e follower ~esolutlon~ (~23006) A ~SOLUTION cone=th9 tn and adopting certain Flood Vlain ~nag~ent Objectives relative to ~e Roanoke ~ver and its tributaries w/~in ~e City of Ro~oke. {For full t~t of Resolution, see Resolution ~ok No. ~. Th~ m~ed ~e adoption of the Resolution. The motion was ~econded by ~. Ta~m~n ~d adopted by ~e fo11~g vote: AYES~ Hessrs. Garlandw Llekw Ts-~at Thomas, T~out and PLayor Taylor ............................................ ~YSt None ~he Co~cil Char) H~IOHS ~D ~ISC~E~S BUSIneSs CI~ ~YE~-~U~E~ z ~a~ CO~C~I consid~ ~eins~t~ng ~ 40 ~l~ee8, ~e o~ less~ ~a~ are due to ba re. EnsUed as If ~y, ~d questioned whe~er or not Co~cil ~uld be willing to reconsider its previous t~tive decision to reduce persu~el if it is fo~d ~at ad~uate f~ds are available, ~. Lfsk ~moved ~at Co~cil go on record as favoring the reinstate- ment of ~ese appr~tely 40 ~l~cus who are due to be re.hated as of J~e 18, 19~6~ if it is fo~d d~ing ~e next week ~at ade~ate f~ds are available. ~e motion was seconded by ~. Th~s. Question was raised as to what will happen to ~e Perso~el Depar~ent ~der ~ new st~ct~el whereupon, ~e City Manager replied that it will be c~ined into a personnel ~ag~ent section which will consist of perso~el, safety and ~ag~t engineering and ~e ~sition of Personnel ~ager will be el~inated. After a discussion of ~e~tion, at which t~e each m~r of Cocci1 e~ressed his opinion, ~. Garl~d offered a s~stitute~tion that action on the ~tter be delayed ~tfl after receipt of Finance on MoRday, J~e 21~ 19~6, relative to ~e budget s~plus, ii ~y, and ~at Co~cil ~eet in ~ecutive Session at ~tter f~er. The motion was seconded bye. Thorn and adopted by ~e foll~ing ~yor Taylor ................................ 6. NAYS: ~. Lfsk stated ~t he~uld like to set ~e record straight in ~at he is not t~g to interfere wi~ ~e City Manager's responsibilitles, but he is t~ing to prese~e ~e 48 job slots. Co~cil hav~g earlier in ~e meeting deferred action o~ a re~rt of ~e Director of Fin~ce relative to Ordin~ce NO. 22334, which conce~s revisions in sick leave b~efits by pe~tt~g ~y ~loyee ~der certain circ~tances to acc~ulate special leave, rec~endfng ~t an additional ulause be added to said Ordfn~ce to provide for pa~ent on separation fr~ ~e city by resignation or di~issal of ~is acc~ulated special leave, advls~g ~at if Co.oil concurs in ~e recordation an appropriation of $50,000.00 will be ~ecessa~ ~d f~er advising ~t ~e te~nal leave accost is now overdra~ by approx~tely $16,500.00 and wf~out ~e above rec~endatlon being approved, an appropriation of $35,000.00 will be necessa~, ~e ~tter was again before ~e b~y. 271 272. It vas the general feeling of Council that action on tho report should be deferred until June 21st at which time Council will be in a better position to Judge city finances; whereupon~ the Director of Finance called attention to the overdraft in the terminal leave account and requested that that portion of the report be approved. Hr. Thomas moved that the Director of Finance be requested to prepare a budget ordinance for the next regular roosting of Council on Hondayw June 21, 1976, providing the necessary funds for the terminal leave account only. The motion was seconded by Hr. Trout and unanimously adopted. COUNCIL~ A request by the entire Council to continue discussion of a personnel matter, was before the body. Mr. Hubard movod that the Executive Session be held. The motion was seconded by Hr. Trout and adopted by the following vote~ AYES~ Hessrs. Garland, Hubard, Lisk, Ta.hm~n~ Thomas, Trout and Hayor Taylor ..................................... 7. NAYS: None ......................0o COUNCIL-ANNEXATION: Mr. Hubard had previously placed a request on the agenda for an Executive Session concerning a legal matter (reconvening Of the Annsxatlon Court~ ~ howcvcr, in view of the request for an Executive Session by the C£ty Attorney concerning the same ~attcr, Mr. Hubard withdrew his request. C(kv~IITTEES-COM~I$SIONS, BOARDS ARD AUTHORITIES: The Hayor called to the attention of Council that there are vacancies on the ~ousing and -=-y~iene Board, the Fair Employment Practices Committee, the Psrsoune! Board, the ~dvisory Board o~ Human Services, the Con.unity Relations Committee and expiration of certain terms on the Youth Commission. Relative to the vacancy on the Personnel Board due to the death of Hr. ~£11iam C. ThOmas, Mr. Hubard placed in nomination the name of Hr. Ellis B. Holmes. There was qusstion as to whether or not persons serving on the personnel Board must be city residents, whereupon, Mr. Thomas moved that action on the vacancy be deferred unt£1 the regular meeting of Council on Honday, ~une 28, 1976, and the2 ~he C£t¥ Attorney advise the Council on the above question, ~nd further, that the remaining vacancies and expirations be deferred until Jtme 28th. The motion was seconded by Mr. Hubard and u~an~mously adopted. There being no further business, thc Mayor declared the meeting ad)ourned. APPROVED ATTEST: City Clerk Hayor COUNCIL~ REG~ HEETING~ Hondey, June 21~ 1976. The Ceunc£1 of the City Of ~oanoke met in re~ular~eeting in the Civil Defense Ro~ (Room 159) in the Municipal Building, City of ~oanoke, at 2 p.m. the regular meeting hourt wlthHayor Noel C. Taylor presiding. pRESF~T= Councilmen Robert A. Garland~ William $. Hubardt David K. Llsk, Nicholas Fo T~n, Ha~ton W. Thomas, James O. Trout and Hayor Noel c. Taylor ...................................... 7. ~BSENT= None ..................... 0o OFFICERS pRESENT= Mr. Byron E. Haner, City Hanager; ~r. Sam H. McGhee, III~ Assistant City Manager; Mr. James N. Kincanon, City Attorney~ Mr, James E. Buchholtz~ Assistant City Attorney~ Hr. A. N. Gibson, Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend W£11iam D. Henderson, Missioner, St. John's Episcopal Church. MINUTES= Copies of the m~nutes oE the regular meeting of Monday, June T~ 1976, and the regular meeting of Monday, June 14, 1976, having been furnished each member of Council, on motion of Hr. Trout, seconded by Mr. Lisk and u~an[mously adopted, the minutes were approved as recorded. The Mayor welcc~ued approxLmately Il subtler students from Opportunities Industrialization Center who were observing city government procedures. HEARING OF CITIZENS UPON PUBLIC HATTERS: STREETS AND A~LEYS= Pursuant to notice of advertisement for bids for planing segments of city streets, said proposals to be received by the City Clerk until 1=30 p.m., Monday, June 21, 1976, and to be opened before Council at 2 p.m., on that date, the Mayor asked if anyone had any questions about the advertisement for bids and no representative present raising any questlo~ the Mayor instructed the City Clerk to proceed with the opening of the bids~ whereupon, the city Clerk opened and read the following bids: Adams Construction Company - $ 16~172.64 Lee Hy Paving Corporation - 17,071.12 Mr. Tho~uas 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. Ta,Bman and unanimously.adopted. The Mayor appointed Messrs. Richard B. Turpin, Chairman, Harold G. Hardy and Thomas F. Brady as members of the committee. BUDGET-CITY E~PLOyEES-PLANNING: Hr. Edward R. Tucker, who had previously worked for the City of Roanoke as a Planning Technician in the City Plann~g Departme~lt, appeared before Council relative to what he felt was a violation of past c~ty seniority policy surroLknding the termination of his position on June 18, 1976. 273 274 It appearing that the matter had not been discussed with the City Manager prior to its coming before Councllw Mr. Thomas moved that the matter be referred to the City Manager for report to Council at its next regular meeting on Honday, June 28, 1976. The motion was seconded by Mr. Hubard. Mr. Llsk stated that after June 18, Hr. Tucker was no longer a city e~ployee and no~ has a right to speak as a private citizen, that he followed the proper procedure in getting hie request on the Council agenda, and offered a substitute motion that Hr. Tucker be allo~ed to make hie presentation to Council at that ti~e. The motion was seconded by H~o Garland and lost by the following voter AYES= Hessrs. Garland and Lisk ..................................2. NAYS.- Hessrs. Hubard, Taubman, Thomasw Trout and Mayor Taylor---5o The original motion was then adopted by the following vote: AYES~ Hessrs. Hubard, Taubman, Thomas, Trout and ~ayor Taylor---5o NAYS= Nessrs° Garland and Llsk ................................. POLICE DE~ARTHENT: Hr. Lo C. Husgrove, representing the Fraternal Order of Police Associates, requested permission to address Council on the High Incidence Target Pro, ram (HZT) and its Continuation as a trait in the Roanoke City Police Department beyond the term/nation date of state support on Jane 30, Since Council was to hold a public hearing at 7t30 porn., on June 2~ 1936, at the Roanoke Civic Center Exh/blt Hall, relative to proposed tax increases a~d matters of discussion pertaining to the overall 1976-37 fiscal year budget, _~[r° Hubard moved that H~. ~{usgrove be requested to make his presentation to the Council at that t/me. The motion was seconded by Hr. Thomas. ~r. Lisk stated that the present meeting of Comlcil was a standard 2 p.m., meeting, that citizens have the right to subm/t ite~ns for that agenda and be heard at 2 p.m., if that is their preference and Offered a substitute motion that Hr. Husgrove be allo~ed to make his presentation at that The motion was seconded by Hr° Garland and lost by the following vote: AYES: Heasrs. Garland, Lisk and Trout ........................... NAYS: Hessrs. Hubard, Taubman, Thomas and Ha¥or Taylor ..........4o The original motion was then adopted by f_he following vote= AYES: Hessrso Garland, Hubard, Taubman, Thomas, Trout and Hayor Taylor ................................................................. 6 o NAYS: Hr. Lisk ................................................ pETITIONS ~{D COHHUNZCATIONS.- TAXES: A cc~nunlcation from Hr. Thomas C. Defter, Jr., C. P° A., Floyd & Kelley, Certified Vubllc /~ccountants, representing HP$ Corporation, in connection with that Corporation*s efforts in filing a personal property tax return, requesting that the penalty for failu~e to file the tax return by Hatch 1 and the failure to pay the tax by Hay 5 be waived in view o£ stated circum- stances, was before Council° (For £ull text, see communication as filed in the City Clerk*s Office.] Mr. ?h~s ~oved that ~e co~munication be referred to the Cozmnlseioner ~e~ de~necessa~ fo~ s~ ~e~r~ and ~ec~da~lon ~o Co~cll. ~lon ~as seconded b~ ~. Ga~l~d and ~an~usl~ adopted. BU~ET-SCH~ A c~lcat~on fr~ ~e Roanoke Clt~ Sch~l ~ard re~esting an appropriation In the ~t of $350~000.00 to be used for work~ng drawing phas~ of the Th~rty-Ron~Cap~ ~rov~nt Pr~r~ ~ representing a portion of the ~ediate r~uest of $10,815,000.00 s~itted on Feb~ 5~ 1976, was before Co~cil. {For full text, see cm~ication as filed in ~e city Clerk% office.) ~. Tarn offered the roll.lng ~ergen~ Ordln~ce appropriating $350,000.00 to ~nexed Sch~l I~rov~ents ~der Section ~889, to Capital Improv~ents F~d,' of the 1975-76 budget~ (i23007) ~ O~IN~CE to amid and reordain Section 1889, 'Tr~sfers to Capl~l Improv~ents F~d,' of the 1975-76 A~ropriation ordinance, ~d provid~g for a~ emergent. (For full text of Ordinance~ see Ordinance B~k No. ~. Ta~ moved the adoption of ~e Ordinance. The motion seconded bye. H~ard and adopted by ~e roll.lng vote: AYES= Hessrs. Garland, H~ard, Llsk, Ya~, Th~s~ Trout and Mayor Taylor ...................................... 7. ~AYS= None ............................ 0. B~-C~SATION BO~: Copies of c~ications from the C~pensation Board ten~tlvely fixing ~e salaries and e~enses of ~e Office of ~a C~ssloner of the Revenue~ Office of ~e Treas~er~ Office of ~e Sheriff and Of/ice of ~e Co~nweal~ts Attomey for ~e fiscal year ~ding 3~e 30, 1977, was before Co.oil. {For full text, see com~ications as filed in the city Clerkts office.) Mr. Garl~d moved ~at ~e c~ica~ions be received and filed and referred to 1976-77 budget study. The motion was seconded bye. Hubard and ~ously adopted, . ST~ETS ~ ~YS= ~ application ira~. C. ~chard Cr~we11, Attorney, representing First Mortgage Co~oration, requesting ~at a portion of Virqlnia Avenue and Pi~ Street, be vacated, discontinued ~d closed, was before Co~cil. (For full text, see application as filed in ~e city Clerk*s office.) ~. ~s offered the followlng Resolution providing for ~e appoint- (%23008) A ~SO~?ION providhg for ~e appo~ent of ~y ~ee of wh~y act, as viewers in co~ection wi~ ~e application of First Mortgage Co~oration to pe~tly vacate, discontinue and close a portion Virginia Avenue and Pi~ Street, which portion is more specifically described bel~. (For full text of Resolution, see Resolution Book No. 275 276 ' Hr. Thc~as ~oved the adoption of the Resolution° The ~otion wee seconded by Hr. Llsk and adopted by the following voter AYES~ Hessrs. Ga~l~d~ H~d~ L~sk~ Ta-~u~ Th~s~ T~out and ~yor ~aylo~ ..................................... ~YSt ~one ............................. O. ~. ~s ~ved that ~e application ~ ~eferred to ~e City Pl~ing C~lssion for study, fe~rt and ~ec~ndatton to Co~cll. The wtion seconded by ~. Lisk ~d ~usly adoptS. ~PORTS OF OFFICE~ CI~ ~Y~S-~ LIB~Y~ The City ~na~er s~tted a re~rt =ec~ding a~prop~[ation o[ ~15,000.00 to a separate La~ Library acco~2 to pzovide for o~ration oi s~ for next fiscal year, ~e lihrari~ to be ~ ~ployee of ~e city ~ith sala~ and fringe benefits paid E~om ~e Libra~ [~d 2o the city general [~d, and ~ec~nd~g ~at an attached budge~ be adopted [or fiscal year (For full text, see =epor2 as filed in ~e City Clerk's Hr. Garland~ved [ha~ Co.cji concu~ in ~e ~ec~endakion. The mo~ion ~as seconded by ~. Trou~ and ~ously adopted. C~O~*S A~y~s-~U~ET= The City.namer a writt~ report advising ~at a grant has ~ received fr~ the Division of Just/ce and Cr~e Prevention for f~ding through ~e Virginia Assoclatio~ of C~onweal~'s Attorneys of two law interns, ~le total ~t ~ing $2,117.00, wi~ $2,011.16 c~ing fr~ Federal f~ds and $105.84 in local cash ~tch, and re- co~ding ~e pro~r appropriation in co~ection (For full text, see report as filed in ~e City Clerk's Office.) Mr. Tarn offered the following Resolution au~oriz~g ~e acceptance, execution and fil~g of the gr~t: (%23009) A ~SOLUTION au~orizing ~e acceptance, execution, and filing of the "Special Conditions for Action Gr~t Awards" wi~ ~e Division of Justice and Cr~e Prevention for an action gr~t of Federal f~ds for ~ple- mentation and continuation of a law inte~ progr~ in ~e City. (For full t~t of Resolution, see Resolutlon ~ok No. ~. Ta~ moved ~e adoption of ~e Resolution. The motion was seconded by ~. ~s and adopted by ~e foll~ing vote: AYES: Messrs. Garl~d, H~ard, Lisk, Ta~, ~s,' Trout ~d Mayor Taylor ..................................... NAYS: None ............................0. ~. Tarn offered ~e fo11~ing ~ergen~ Ordin~ce appropriat~g $2,117.00 to Salaries ~d Wa~es ~der Section %925, "~w Inters," of the 1975- 76 Gr~t Pr~r~ Accost= (~23010) ~ O~I~CE to ~end and reorda~ ~e City of 1975-76 Grant Pr~r~ Accost, and providing for ~ ~rg~. (For full text of Ord~ce, see Ordinate ~ok No. H~o Ts-t~-u~oved the adoption of tho Ordinance. The~otion was seconded by~t~. Thomas and adopted b~ ~e foll~lnq voter AY~ Messrs. ~arl~d, H~ard~ Ll~k~ Ta~ Th~s~ Trout ~d ~yor Taylor .................................... ~YS~ None .......................... 0. ~. Ta-~ o~fered ~e ~oll~ng ~rg~ Ord~n~ce appropr~ating $105.84 to ~a~ Cash~tch ~d~ Section ~122, 'C~nweal~s Attorney~= of ~e 19~-~6 bu~get~ {~2301~) ~O~IN~CE to ~nd and reorda~ Section %~22~ wealths Attorney,' of the 19~5-~6 Appropriation Ord~nance~ ~d providing for (For full t~t of Ordinance, see Ordinance ~ok No. Mr. Ta~ moved the adoption of ~e Ordinance. The motion was seconded bye. L~sk and adopted by ~e roll.lng vote= AY~ Messrs. Garl~d~ H~ar~, L[sk, Ta~n~ Th~s, Trout and Mayor Taylor ................................... ~YS= None .......................... 0. CO~SI~ ~T~D T~INING ACT= ~e C~ty~nager s~tted a written re~rt in co~ection with the Co~rehensive ~plo~ent and Training Act grant for S~er ~5, adv~sing that ~e Depar~t of Lair has recently released the ~spent [~ds fr~ ~e S~r ~5 pr~r~ to ~ used for S~er ~76 pr~r~ as ~r an attached letter~ ~d reco~ending that $38,~0.56 be transferred from Grant Accost 983 to Gr~t Accost 996 to s~rt up the S~er FY ~76 (For fu~l t~t, see report as f~led ~n ~e City Clerk's Office.) ~e Director o~ F~n~ce advised oE certa~ questions relative to ~[s grant and re~ested that action on ~e report be deferred ~til the n~t re~lar meeting of Co~c[1 on Monday, J~e 28, 19~6. ~. Th~s mov~ ~at action on ~e re~ort be deferred one week. The ~tion was seconded by ~. Ta~ ~d ~usly adopted. BU~ET-ST~T LIG~S= The city ~nager s~tt~d a wr[tt~ report advls~ng ~at ~e ~rren~ s2reet lighting budget contains f~ds for bridge lighting on the Wa~ut Avenue, Jefferson S~eet and Fra~l~n Road Bridges and for certa~ street l[ghting work in co~ection w[~ ~e Sou~west ~res~ay, reo~ending that a~ f~ds r~ning ~n ~s project accost tr~sferred to ~e Cap[~l F~d In order ~at suff~ci~t f~ds will be available to c~plete ~ese projects which have already ~ started. (For full t~t, see report as file~ ~n ~e City Clerk's Office.} ~. Trout offered the fu~l~[ng ~ergen~ Ordinance tr~sferring $20,003.32 fr~ BulldOg and Fixed ~u~p~nt ~der Section %661, 'Street Light.g,' to Street Lighting Improv~ents ~der Section %889, '~ansfers to Ca~[~ l~rov~ent F~d', of the 19~5-~6 budget: (%230~2} ~O~I~CE to ~nd and reorda~n certain sections ~e 19~5-~6 Appropriation Ordinate, and providing for ~ (For full text of Ordin~ce, see Ord~ce ~ok No. 277 2,7'8' Hr. Trout moved the adoption of the Ordinance. The motion vas seconded by Hr. Thomas and adopted by the following vote~ AYES~ Hessrs. Gsrland, Hubard, Llsk, Taubman, T~c~as, Trout and N~yor Taylor .................................... N~YS~ None ...........................0o BUD~ET-PUBLIC~EL~2~E~ The City N~nager su~ttted a vrltten report reconnuendtng that $6,000.00 be transferred from Emergency Relief to SSI - Refunds under Section !$37, 'Social Services Department,' order to provide sufficient funds to~ke pa~ents to SSI recipients following receipt of SSI lun~ sum payments for the re~mlnder of the fiscal year. (For full text, see report as flied In the City Clerk's Office.) Mr. Thomas offered the following e~erqency Ordinance ~r~nsferrlng the funds ae recon~ended by the City ~ager~ ($23013) AN ORDIRANCE to ~uend a~d reordain Section ~537, "Social Servlces,' of the 1975-76 Appropriation Ordinance, and providing for an e~ergenc¥. Mr. Thcc~e moved the adoption of the Ordinance. The motion seconded by Mr. Taut~nan and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Tauhman, Thomas, Trout and Mayor Taylor ..................................... 7. NAY$= None ............................0. BUDGET-PUBLIC WELFARE: The City Manager sul~mitted a written report in connection with the purchase by the Department of Human Services of day care for children developmentally disabled, and the purchase of day care for adults developmentally disabled, which are required by law to be made available to the citizens of the city under Title XX, recommending that $5,904.00 be appropriated to Day Care Children DD and that $1,763.20 be appropriated to Day Care Adults DD under Section ~540, "Title ]iX". (For full text, see report as filed in the City Clerk's Office.) Mr. Garland offered the following emergency Ordinance appropriating the requested funds: (%23014) AN ORDINANCE to amend and reordain Section ~540, "Title XX," of the 1975-76 Appropriation Ordinance, and providing for an e~nergency. (For full text of Ordinance, see Ordinance Book No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard a~d adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Ta~h~n, Th~nas, Trout and Mayor Taylor ..................................... ?. NAYS: None ............................0. BUDGET-SEWEP~ AND STORM DRAINS~ The City Hanager submitted a written report in connection with the sewer project in the Fairland Lakes and Glenavon sections, recommending that $3,000.00 be transferred from Contractual Services tmder Section %748, "Engineering and Building Inspection Department," of the 1975-76 budget, to establish an account to cover the cost of appraisals and advertisements, and that Thomas F. Brady and Kit B. Kiser be appointed to replace Charles L. Gutshall and C. J. Fearn on the Council appointed committee to ascertain the cost, assess the cost and hold public hearings. (For full text, see report aa filed in the Clty Clerk*e Office.) Hr. Thc~as offered the following emergency Ordinance transferring' $3~000.00 frcm Contractual Services under Section 1748, 'Engineering and ' Building Inspection~' of the 1975-76 budgets (123015) AN ORDIbL~CE to amend and reordain Section 1748, 'Engineering and Building Inspection,' and Section t889, 'Transfers to Capital Improvements Fund," oE the 1975-76 Appropriation Ordinancew and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Hr. Thc~as moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following votes AYES~ Hessrs. Garland, Hubard, Lisk, Ta,~m~, Thomas, Trout and Mayor Taylor ..................................... NAYS= None ............................0. Hr. Lisk offered the following Resolution appointing Kit B. liser and Thomas F. Brady as members of the com~ittee: (t23016) A RESOLUTION appointing Kit B. Kiser and Thomas F. Brady to a comlttee heretofore established by Ordinance NO. 21701 to ascertain and apportion the costs of providing certain sanitary sewer main and lateral facili- ties in the Fairland Lakes and Glenavon sections of the city. (For full text of Resolution, see Resolution book io. Hr. Lisk moved the adoption of the Resolution. The motion was seconded by Hr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taubman, Thomas, Trout and Mayor Taylor .....................................7. NAYS= None ............................. BUDGET-AXRPORT: The City Manager submitted a written report requesting concurrence in the establlshment of a $200.00 fuel sale petty cash fund in the Airport Department in order to transact cash sales and to accept oil company credit cards honored by the fuel supplier, Shell Oil Company, in order to transact charge sales, and concurrence in authorizing the city to accept credit cards for charging fuel and related supplies to pilots. (For full text, see report as filed in the City Clerk's Office.) Mr. Trout offered the following emergency Ordinance appropriating $200.00 to Petty Cash under Section ti40, 'Municipal Airport Fund,' of the 1975-76 Airport Fund Appropriation Ordinance: (t23017) AN ORDINANCE to amend and reordain Section 1340, 'Municipal Airport Fund,' of the 1975-76 Municipal Airport Fund Appropriatlon Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Ma. Trout moved the adoption of the Ordinance. The motion was seconded byMr. Lisk and adopted by the following vote: AYES= Hessrs. Garland, Hubard, Lisk, Tat~ma~ ThoI~aS, Trout and Mayor Taylor ................................7. NAYS= None ........................0. 279 280 ~.IBRA~IES: The City Hanage~ sub. trod a ~ltt~n re~ort au~orization to execute Ch~ge order ~o. 3 to ~e con~ac~ ~l~ ~. ~. ~inson, Inco~orated, for constructl~ o~ ~e Noz~est Brach Llbra~, In order to ext~d the t~ o[ c~letion fr~ ~e 7 to ~uly 7, 1976. (For full text, see ze~t as filed In ~e Cit~ Clerk's Office.) H~. Th~S offered ~e foll~ln~ ~rgen~ Ord~ce au~orizlng ~e lss~nce of ~e c~qe order: (~2301B) ~ O~I~CE eulogizing ~e l~s~ce of Ch~qe O~der No. 3 to ~e city's contract dated Sept~ 26, 1975, ~l~ ~. H. ~linson, Inco~rated, for ~ const~uction OE ~e ne~ No~est Brach Llb~a~ b~ pro- vidin9 for an extension of the t~e to c~lete ~e work from J~e ~, 1976, to July ~, 1976~ and providing for an ~rgency. (For full text of Ordinance~ see Ordinance ~ok No. ~. Th~s move~ ~e adoption of ~e Ord~n~ce. The motion was seconded by Hr. Ta-~- and adopted by the roll.lng vote= AYES= Messrs. Garland, H~ard~ L~sk~ Ta~ ~s~ Trout and ~yor Taylor .................................. NAYS~ None .........................0. CI~ ~YEES-P~S ~ P~YGRO~DS= ~e City ~nager s~tted a written re~rt ~tt~g a uraft of a pro~sed hiring policy for ~loyees as well as all t~pora~ or extra help perso~el, pro.sing ~at ~[s pol[~ bec~e a portion of a revised personnel po[[~ han~ook which is n~ being prepared, recording that ~e entire revised perso~el poli~ h~k reviewed and m~f~ed as ~y be necessa~ by ~e Perso~el ~ard and ~en be s~tted as a c~plete d~ent to Cocci1 for action as ~y be appropriate. (For full t~t, See report as filed in ~e City Clerk~ Office.) Hr. Tarn ~ved that Co~cil conc~ in ~e report wi~ one ~end- ment, v~z= ~at the words '3~ days' be deleted ~d 'seasonal help' be inserted ~e draft of 'Policy for Hiring T~pora~ or ~tra Help.' The motion was seconded by ~. Garland and ~ously adopted. P~ ~ p~YGRO~S-~ A~ION ~A~NST PO~R~= The C~ty ~ag~r s~tted a written report reco~e~ding Co~cil~s approval of certain T~ progr~ of recreation ~n eleven city parks during ~e per~ fr~ J~e 24 to August 28, 1976, including ball g~es of various kinds, sto~ hours, art and crafts~ dry, ~ng, track ~ets, bike rides, ~e Police and Fire Depar~ts to provide tr~spor~tion and e~ipment for fishing twice a week, ~e city proposing to provide bats and balls ~d noel ~[nt~ce ~d upkeep of ~e areas. (For full text, see report as filed in ~e City Clerk's Office.) Mr. L~sk moved ~at Co~cll concur ~ ~e reco~endatlon. The motion was seconded by ~. Garl~d and ~an~usly adopted. RO~O~ LIFE SAVING C~= The City ~ager s~tte~ a written re~rt ~n connection w~ c~r~at~on of rescue squad o~erations w[~ respect to new[y a~exed areas, advising ~at at a meeting on J~e 10~ 1976, repres~tatives o[ the res~e s~ads agreed ~at (a) each s~a~ will continue to operate with ge~raphical bo~daries to which ~ey mutually agree~ h~ever, (b) ~e closest ~modlately available crew vi11 be assigned to ~hs call without regard to boundaries, and (c) crews will respond to citizens who request services directly of a specific crew, without regard to boundaries. (For full text, see report as filed in the C£ty Clerkes Office.) H~. List moved that Council concur An the report. The motion was seconded by Hr. Rubard and unanimously adopted. ACTS OF ACKNO~LEDGF2iENT-AIRPORT: The City Manager sul~itt~l a written report suggesting that Council adopt a Resolution of appreciation to be sent to the Operations and publicity Committee for their efforts in connection with Airport Appreciation Days and rec~esttng the Committee to convey the city's appreciation to other organizations and individuals that made the event a (For full text, see report as filed in the City Clerk*s Office.) Hr. Rubard moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded hy Mr. Trout and unanimously adopted. HEALTH DEPAR~:H~-CITY F~OYEES: The Clty Managnr submitted a written report advising that Dr. S. A. Grah~, Jr., Director of ~ocal Health Services, Commonwealth of Virginia, has advised of the resignation of Dr. John Alexander, recently confirmed as a replacement for Dr. James Fagan, from his position with the State Health Department effective June 18, 19~6, and has given his assurance that every effort will be ~ade to locate other applicants for Council's consideration. (For full text, see report as filed In the City Clerk's Office.) Hr. Taubman moved that the report be received and filed. The motion was seconded by Hr. Thanes and unanimously adopted. APPALACHIAN POWER COMPANY: The City Attorney s~bmitted a written report advising of the serving of a notice of application by Appalachian Power Company to the State Corporation Commission for authority to place into effect for electric service rendered on and after July 7, 1976, a ?.586% surcharge on its existing rate schedule charges, excluding those resulting from its fuel adjust- ment clause or for uncollected fossil fuel expense. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland moved that the City Attorney be instructed to represent the City of Roanoke at the hearing on July 14, lg?6, before the State Corporation Commission in Rick~lond, Virginia. The motion was seconded by Mr. H~bard and nnanimously adopted. pERSONNEL: The City Attol~ey submitted a written report in connection with qualifications for appolnt~nt to the Personnel Board Of the city, recommend- ing that clarificatlon be made of the rule stated in Section 4, Chapter 13, Title II, of The code of the City of Roanoke, ig56, as lmended~ and transmitting a~ Ordinance for Cotu~cil*s c~nsideration providing a ~ore precise statement of the quallfications needed for appointment to said Board. (For full text, see report as filed in the City Clerk's Office.) 282 In vier of the fact that the new Council will hold a study session on Frlday~ June 25w 1976w and the ~atter is due to be discussed at that t~me, Hubard moved that the rel~rt be referred to the City Hanagor and the Personnel Board for consideration and c~nts with tho understandln~ that necessary action will be taken at the regular meeting of Council on ~esday, July 6~ 1976. The motion was seconded by ~r. Thomas and unanimously adopted. COUNCIL= The City Attorney subm/tted a written re~ort requesting an Executive Session to discuss a real estate matter and certain other legal The City Attorney verbally requested that the re~ort be withdra~n and ow motion of H~. Trout, seconded by H~o Thomas and unanimously adopted, Council concurred in his request. BUDGET-AUDITORIUH-COLISEUH= The Director of Finance submitted a written report requesting an appropriation of $2,500.00 tn supplement the change fund for the Roanoke civic Center, increasing s~me to $~,000.00, and also approval of the procedure of permitting the Manager of the civic Center to cash checks dra~n on the Civic Center checking account for promoters in emergencies when the Civic Center account has sufficient funds belonging to the promoter to cover the city's rent and the amount of the check being cashed. (For full t~xt, see report as filed in the city Clerk's Office.) ~4r. ~bard offered the following emergency Ordinance appropriating $2,500.00 to Change Fund under Section %445, 'Civic Center Promotional Account,' of the 197~-76 Civic Center budget= (~2~019} AN ORDINANCE to a~end and reorda~/~ Section ~445, 'civic Center promotional Account,' of the 1975-76 Appropriation Ordinance~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted hy the followlng vote: AYES= Messrs. Garland, Nubard, Lisk, Tarn, Thomas, Trout and Hayor Taylor ...................................... 7. NAYS: None ............................. Mr. Trout moved that the City Attorney be instructed to prepare the proper measure providing for the procedure of per~/tting the Manager of the Civic Center to cash checks dra~n on the Civic Center checking account for pro- motors in emergencies when the Civic Center account has ~ufficient funds belong- ing to the prc~oter to cover the city's rent and the amount of the check being cashed. The motion was seconded by Hr. Ta~tm~3/1 and ~nani~ously adopted. BUDGET= Th~ Director of Finance submitted a financial report for the month of Hay, 1976. (For ful~ text, se~ report as filed in the City Clerk's office.) Hr. Hubard moved that the report be received and filed. The motion was seconded by Hr. Thomas a~d unanimously adopted. In this connection, Council h~ving previously requested the Director of Finance to analyze the revenue and expenditu~e sections of the General Fund to dete~tne if there rill be a surplus or deficit at ~he close of business on June 30, 1976, the Director of Finance submitted a v~ltten report advising that the estimate at this t:l~ne indicates a deficit of $235~798,26, that this a~ount ts subject to change as the balance of revenue received Is processed and payments made to complete the city's business b~tveen now and June 30, 1976~ that no effort has been made %o accrue either incc~e or expenses as it ~s t~ought that these items rill be offset by similar accruals at the end of the last fiscal year, that cash items still to be processed in the Treasurer's Office were not examined as this procedure would slow down that officer*s process and perhaps preclude the possibility of his completion by June 30, 1976. (For full text, see report as filed in the City Clerk*s Office.) After a discussion of the re~ort, Mr. Hubard moved that the report be received and filed and referred to 19~6-?? budget study. The motion was seconded by Mr. Tauhman alld unanimously adopted. BUDGET-PUBLIC WELFARE= The Director of Finance submitted a written statement of expenditures for P~blic Welfare for the month ended May 28, 1976. (For full text~ see statement as filed in the City Clerk*s Office.) Mr. Hubara moved that the statement be received and filed. The motion wes seconded by Mr. Thcs~as and unanimously adopted. STREETS AND ALLEYS= The City Plannlng Co~nission submitted a written report in connection with the request of Mr. Claude D. Carter, Attorney, presenting Forest Park Baptist Church and its Trustees, Charles E. Warren, Sr., James E. Hu~phriee and Cloyd W. Bocock, that certain alleys located in Block 2, Horton Place subdlvlslonMap, lying between Lots 6 and 7, Lots 8 and Lots 10 and 11, and Lots 12 and 13, he vacated, discontinued and closed, recc~mnending that the request be granted subject to granting the city a stor~ drainage easement acceptable to the City Engineer. (For full text, see report ae filed in the City Clerk's Office.) Mr. Ta~m~n moved that Council hold a public hearing on the request at its meeting on Monday, July 26, 1976, at 7:30 p.m., in the Council Chamber. The motion was seconded by Mr. Trout and ~nanllnously adopted. STREETS AND ALLEYS: The City Planning Commission suhmltted a written report in connection with the request cf Mr. J. M. Turner, Jr., Attorney, representing the City of Roanoke Redevelopment and Housi~lg Authority, that a portion of Hadieon Avenue, N. W., approximately 50 feet in width~ extending from its intersection with the easterly llne of 5th Street, N. W., in an easterly direction approximately 150 feet to its intersection with a proposed new cul-de-sac to be constructed, be vacated, discontinued and closed, recommending that the request be grnnted. {For full text, see report as filed in the City Clerk's Office.) 2'83 284. Hr. Tauhman~oved that Council hold a public hearing on the request at its meeting on Honday, July 26, 1976, at 7:30 p.m., ~n the Council The motion was seconded by~tr. Trout and unanimously adopted. STREETS ~D ~I. LEYS-SCHOOLS: The City Planning Conmh~eslon submitted a written report In connection vith the request of the Roanoke City School Board that a certain parcel of land within Raleigh Cou~t Park nov dedicated aa a proposed extension cE Dudding Street and a abort unnamed street as sho~m on the deed cE West Raleigh Court Land Co~ny, and approx~nately fifty feet of unnamed alle~ay be vacated, discontinued and closed in order to provide parking facilities for Woodrowwilson Junior High School and Raleigh Court Park, recommend- ing that the requeat he granted subject to a review of environmental /mpact on the park by the Department of Parks and Recreation. (For full text, see report as filed in the City Clerk's Office.) Mr, Taubman moved that Council hold a public hearing on the request at its meeting on Honday, July 26, 1976, at ?=30 p.m., in the Council Chamber. The motion was seconded by Mr. Trout and unanllaously adopted. TRAfFIC-STrEETS AND ALLEYS= The City Planning Co~ssion s~b~ltted a written report in connection with the traffic diversion on Windsor Avenue, $. W., recoav~ending that the diversion be made a permanent facility. (For full text, see report as filed in the City Clerk's Office.) Hr. Ta~b~ut ~oved that Council hold a public hearing on the reddest at its meeting on Henday, July 26, 1976, at 7=30 p.m. The motion was seconded by Mr. Trout and unanimously adopted. REPORTS OF COF~4ITTEES= AUDITORIU}i-COLISEb~4-STADIUM= The Roanoke Civic Center and Stadi~ Advisory Com~ssion submitted the ~nutes of its regular meeting on June 16, and also submitted a written report requesting that Council appoint a Councll lialson member to replace Hr. David K. Lisk. (For full text~ see report and minutes as filed in the City Clerk's Offlc Mr. Hubard moved that the ~/nutes be receive~ and filed and that action on the appointment of a liaison member be deferred u~til the regular meeting of Council on Tuesday, July 6, 1976. The motion was seconded by Mr. Trout and u~animously adopted. TRA~FXC-POLICE DEPARTMENT= The Roanoke Highway Safety Commission sub- mitted a written report recommending that the current citypolicyon funeral es- cort service be reviewed and updated if needed~ there being apparent need for more positive police escort and marklng of vehicles in funeral processions. (For full text, see report as filed in the city Clerk's Office.) }tr. Thc~as moved that the report be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Taubma~ and tt~an~mously adopted. UNFXNISHED BUSINESS= NONE. CONSIDERATION OF CLAIHS: NONE. INTRODUCTION AND CONSiDERATiON OF ORDINANCES ARD ~OLUT~ONS= GARBAGE RE}reVAL= Ordinance No. 23000 authorizing and directing the city*s conveyance to the County of Roanoke and to the Town of Vinton cortain undivided interests in the residue of that 25?°08 acrs tract of l~nd situate in Roanoke County, Virginia, acquit~1 by the city as t~e site for a regional solid waste disposal facility by deed dated October 10, 1973, upon certain terms and conditions, having previously been before Council for its first reading~ read and adopted on its first read~lg and laid over, was again before the body, ~tr. Hubard offering the following for its second reading and final adoption~ (%23000) AN ORDIHANCE au~h0rizing and directing ~he City's conveyance to the County of Roanoke and to the Town of Vlnton certain undivided interests in the residue of that 257.08 acre tract of land situate in Roanoke County, Virginia, acquired by the City as the site for a regional solid waste disposal facility by deed datod October 10, 1973, upon certain te~ms and conditions. (For full text of Ordinance, see Ordinance Book No. Hr. Hubard moved the adoption of the OrdLnance. The motion was seconded by Hr. Trout and adopted by the following Vote: AYES: Messrs. Garland, Hubard~ Llsk, Taubman, Trout and Hayor Taylor ......................................... 6. NAYS: Nose ..........................0. (Hr. Thomas was out of the Counci! Chamber) CELEBRATIoNS-STADIUH= Co~cil having directed the City Attorney to prepare the proper measure authorizing waiver to ~e Roanoke Valley Bicentennial Commission Of payment Of re~tal charges for the use of Victory Stadium on July 5~ 1976, and permitting the Co~misslon certain concession privileges, he presented same~ whereupon, Hr. Trout offered the following Resolution= (%23020) A RESOLUTION authorizing waiver to tho Roanoke Valley Bicen- terul~al Commission of payment o[ rental charges for the use o[ Victory Stadiu~ on July 5, 1976, and permitting the Co~m~sslon certain concession privileges. (For full text of Resolution, see Resolution Book No. Mr. Trout moved the adoption of the Resolution. The motion was seconded by}tr. Ta~hman and adopted by the followlng vote= AYES: Messrs. Garland, Httbard, Lisk, Tatthman, Trout and Mayor Taylor .......................................... 6. ~AYS: None ................................ 0. {Hr. Thomas was out of the Cou/%cil chamber) ~ARKS AND PLAYGROUNDS-CITY EM~LOYEES-GPJ%NTS= Council having directed the City Attorney to prepare the proper meast~re authorizing the City Manager to enter i~to an agreement with the Virginia College Off-Campus Work Study Program to provide for a summer employment program in the city for students, he presented same~ whereupon, Hr. Trout offered the following Resolution: (%23021} A RESOLUTION authorizing the Clty Hanager to enter into an agreement with the Virginia College Off-Campus Work Study Program to provide for a summer employment program in the city for students. (For full text of Resolution, see Resolution Book No. Hr, T~OUt ~oved the adoption of the Resolution. The ~otion was seconded by Hr. ?s-~-a and adopted by the following voto~ AYES~ Messrs. Garl~d, H~ard~ L[sk~ T~,,~ T~out ~d ~yor Taylor ....................................... 6. ~YS~ None ........................ 0. ~. ~s was out of Co~c~l Cheer) A~I~-COLIS~ CO~C~I ~v~ng d~rected the C~tyAtto~ey to prepare ~e proper ~asure au~or~a~ng ~d providing for an ~n~nt to C~ty~s ~ase and Co~cess~on Agre~ent dated August ~ 19~3, w~ at ~e Ro~oke Civic Center, by ext~ding ~e te~of said agre~n~ to and including July 3~, ~9~9, and providing for ~e ~erce~tages to Be ~aid to City for the privilege of provid~n~ catering seduces and concession respectively, he presented s~e~ whereu~n, ~. Llsk moved ~a~ the foll~ing Ordinance be placed u~n ~ts f~rst reading= {~23022} ~O~I~CE au~oriz~ng ~d provid~n~ for ~ ~t to the City's ~ase and Concession Agre~nt dated August 1, 19~3~ wi~ at the Roanoke C[v~u C~ter, by extending ~e te~ of sa~d agre~ent to and including July 31, 19~9, and providing for ~e percentages to ~ paid to City ~or ~e privilege o[ providing caterin~ se~ices and concession =espective[y. (For full t~t of Ordinance, see Ordinance Book No. The motion was seconded by ~. Trout and adopted by ~e fo~l~ing vote: AYe: Messrs. Garland, H~ard, L[sk, Ta~, Trout ~d Mayor Taylor .............................................. 6. NAYS: None ...............................0. (~. Th~s was out 2he Cocci[ Cheer} EQUI~-CI~ ~GINEER: ~. Trout offered ~e following ~ergenuy Ordln~ce ~d[ng a p~chase order contraut awarded to ~sh Equi~t Comply for the city's p~chase of one Drott ~cavator ~ackhoe w~ ~4 ~[y tires Or~c~ No. 229~1, adogted J~e 1, (%23023) ~ O~I~CE ~en~ing a p~chase order contract awarded to Rish Equi~m~t Co~y for ~e City's purchase of one Drott ~cavator Bac~oe w~ ~4 ply t~res in Or~ance No. 229~, adopted J~e 1, 1976~ and providing (For full text of Ordinance, see Ordinate Book No. ~. Trout moved ~e adoption of ~e Ord~n~ce. The motion was seconded by~. Tarn and adopted by ~e fo11~ng vote= AYe= Messrs. Garl~d, H~ard, Lisk, Ta~, ~s, Trout and Mayor Taylor ...............................7. NAYS= None ...................... 0. WATER DRpA~THEHT, Council having directed ~he City Attorney to prepare the proper measure relating to the sale of surplus water supplied to consumers residing or located without the corporate ltl~[ts of the city; and providing the schedule of rates and charges for the furnishing of water to customert t~slde said corporate limits, all being contained in Chapter l, Water Depart- ment, Title XII, Water~ of The Code of the City of Roanoke, 1956, as a~ended~ he presented same. Mr. ThOmas, Chairmal% of the Water Resources Committee, pointed out that the Council needs to fill in the amount to be charged to other municipali- ties per 100 cubic feet of water, which portion pertains at the present tine to the Town Of Vlnton, and advised that Mayor Gus W. Nicks and other representative~ Of the Town of Vinton appeared before the Water Resources Co~lttee at its meeting on June 18, 1976, slid after listening to their plea for a reduction in the charge which was propOsed to be 60¢ per 100 cubic feet, it was the opinion Of the Com~ittee that the rate be reduced to 55¢ which would a~o~nt to spproxi~nately' a 22 per cent reduction, that it was also the feeling of the Committee that since citizens of Roanoke were getting a 25 per cent average increase, the 55¢ per 100 c~lbic feet would be about comparable and further advised that it is the recom~endation of the Committee that Council concur in this Ordinance with the insertion of 55¢ per 100 cubic feet in paragraph 2, subsection (~). Mr. Thomas then offered tho following emergency Ordinance with tho figure of 55¢ inserted on page 2, paragraph 2, subsection (B}= (123024} AN ORDINANCE amending and reordaining: (a) subparagraph (F} of Rule 38., in Sec. 5, relating to the sale of surplus water supplied to consumers residing or located without the corporate lilaits of the City; (b} subparagraph (B) of Rule 39., in Sec. 5, relating to the sale of surplus water to other municipalities, and (c} Part A. and Part B. o[ Sec. 6., providing the schedule of rates and charges for the fttrnlshing of water to customers inside said corporate limits, all being contained in Chapter l, Water Department, o£ Title XII. Water, of The code of the City of Roanoke, 1956, as amendedl and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook No. Mr. Thc~nas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taubman, Thomas, Trout and Mayor Taylor ....................................7. NAYS: None ............................0. pENSIONS: Council having directed the City Attorney to prepare the proper measure providing for an increase in the anllual pension for years of service in excess of twenty-five years for retired city e~aployees recelvillg benefits under the Police and Fire Pension System, he presented sa~e; where- upOn, Mr. Tauk~all offered the followlng emergency Ordinance= 287 288 (~23025) AN ORDINANC~ a~endlngand reordslnlng Sec. 5. ~ount of ~nsions, of Chapter 2~ o~ Title /IX. Pensions ~d Retig~t, o~ ~e C~e of the C~ty of Ro~oke, 1956, as ~nded~ prov~din~ for ~ ~ncrease In ~e ~ual pension for ~eazs of ae~lce in excess oi treaty-five years for Clti ~l~ees recelvh9 ~nelits ~der ~e Police and il~e Pension ~d p~ovldin9 fog an (For full t~t oi o~in~ce~ see Ordin~ce ~k ~o. ~. Ta-~n ~ved ~e adoption of the Ordln~ce. ~he =orion seconded by ~. Tgout and adopted by the roll.in9 AYES: ~essrs. Garl~d, H~a~d~ Lisk~ Ta-B~n~ Th~s~ Tgo~b and Hayor Taylo~ .................................. ~AY5~ Eone .........................0. MDI~TE~ISION: Co~cil having directed ~e City Attorney to prepare ~e proper measure e~ressing ~e city's consent to ~e request for approval of certain oIg~izationil changes relating to ~anoke Valley Cable- vision, Inco~rated, franchisee ~der Ordinance No. 22025, adopted Janua~ 20, 19~5, he presented In this coaection, co~y of a co=~ication fr~. ~illi~ F. clark, Clerk, Roanoke Co~ty ~ard of 5upa~lsors, trasMttin9 copy of Resolution No. 1521 adopted by the Board on a~e s, 19~6, apgrovln9 ~e request of Roanoke Valley cablevlsion, Inco~orated, for orgmiza~lonal ch~ges relating to ~na~ent and oper~tion of a ~W frachise in Roanoke Co~ty, advlsin9 that ~e Board has ~cheduled a p~lic hearing on pro~sed ch~ges in the fra~hise Ordinance for July 13, 19~6, at 2 p.m., ~icipatin9 ~is being a ioin~ hearing to be held at ~e Ro~oke Civic Center, was ~fore Coucil. (For full text, see ca~icatlon as filed in ~e city Clerk's office.) Also with reference to ~e ~tter, a co~ication from Foster Associates, Incorporated, in co~ectlon wi~ its analysis of ~e "Jolt Proposal to T~ Cocci1 - Vinton, Virginia; City Co~cll - Roanoke, Virginia; Board of Supe~isors - Roanoke cowry" by Roanoke Valley C~levision, Inco~orated, which includes a letter of ~y 28, 1976, to ~e ~ree m~icipal 9over~ents, rec~ending its approval wi~ certain listed~ifications; and a c~ica- tion fr~ Atl~tic Research in connection wi~ ~e above ~tter, also rec~d~g its approval, were also before Co~cil. (For f~ll text, see co~ications as filed in ~e City Clerk's office.) ~. Garland ~en offered ~e roll.lng ~rgency Ordin~ce: (~23026) ~ O~IN~CE e~ressing ~e City's cons~t to ~e re.est for approval of ceftin org~izational ch~ges relat~g to Ro~oke Valley C~levision, Inc., fr~chisee ~der Ordinance No. 22025, adopted J~ 20, 1975; and providing for an ~ergen~. (For full text of Ordln~ce, see Ordinance Book No. ~. Garl~d moved ~e adoption of ~e Ordin~ce. The motion was seconded bye. Ta~ and adopted by ~e foll~ing vote: AYES: Messrs. Garland, Hubard, Llsk, Ta~n, Thomas~ Trout and Mayor Taylor ..................................... 7. NAYS= None ............................. 0. Hr. Thomas moved that the three cc~mau~lcations be received and filed. The motion was seconded by Hr. Lisk and U~lan~ously adopted. BUDGET= Council having directed the Director of Finance to prepare the proper budget Ordinance providing necessary funds for Salary and Wage A~Justment under Section %89?, 'Terminal Leave,m the Director of Finance submitted an Ordinance appropriating $35,000.00 to said account~ whereupon, Hr. hisk offered the following emergency Ordinance= (%23027) AN O~DINANCE to amend and reordain Section %89?, 'Terminal I~ave,m of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Ltsk moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Tauhman, Thomas, Trout and Mayor Taylor ..................................... ?. NAYS= None ............................ 0. MOTIONS AND MISCELLANEOUS BUSINESS= SCHOOLS-COPJ4ITTEES= Council having previously requested the Mayor to appoint a committee to recommend future format to be followed by Council in ~ts appointment of members to the Roanoke City School Board, the Mayor appointed Hr. Willia~ S. Hubard, Chairman, Hr. Nicholas F. Tau~an, ~trs. Ja~e Lower, Hrs. Lynn Thc~pson, and Mrs. Carol Marchal. Hr. Hubard set a meeting of the committee for 1:30 p.m., Wednesday, June 23, 1976, in the Executive Session Room. COUNCIL: Mr. Bubard moved that Council meet mn Executive Session to discuss the approximately 40 city employees who were terminated as of June 18, 1976~ and also to discuss the performance evaluation of city personnel. The motion was seconded by Hr. Thomas and adopted by the following vote: Mayor Taylor ................................ 7. NAYS: None ........................ 0. The City Manager a~vised that out of the 36 employees who were due to be terminated, 19 have been permanently placed, four are being considered for replacement in other jobs, nine have indicated they do not w~sh to re, hain with the c~ty, one has retired and one has resigned. SCHOOLS= The City Clerk reported that Hr. Joseph K. Ingra~ has qualified as a member of the Roanoke City School Board to fill the unexpired term of Mr. Samuel P. McNe£1, resigned, ending June 30, 1977. Mr. Lisk moved that the report be received and filed. The motion was seconded by Hr. Bubard and unani~ously adopted. OTHER HEARINGS OF CITIZENS: 289 29O BUDGET-~UDITORI;DI'-COLISEUMt Mr, Llsk stated that he ~ould like to refer to budget study for reconsideration the position of Promotions ~{anager at the Roanoke Civic Center, that his reasoning for this is after talking with the administration at the Civic Center~ ha Is of the opinion that they have a real concern in view of the currant budgetar~ situation as to whether or not this position Is necessary at the present time since seven conventions have already been scheduled for the co~ng year, that CiViC Center representatives reconnnend that Council consider the original recon~uendation of tho Clty Manager that the filling of this position be delayed for slx months or one year and moved that the matter be referred to budget study on Tuesday, 3uno 22, 1976~ for reconsideration at that time. The ~tion was seconded by Mr. Garland and unanimously adopted. COUNCIL~ Council having previously scheduled a study session to consider future planning for the City of Roanoke on Friday~ June 25, 1976, at property owned by Messrs. William S. Hubard and Lucian ¥. Grove at SmithHountain Lake, the Mayor advised that he was of the understanding that some question had been raised concerning the appropriateness of the meeting place and the purpose of the meeting and stated that if anyone felt the meeting should be held in the City of Roanoke he feels Mr. Hubard and Mr. Grove would both understand that position. Fkr. Thomas stated that he had received telephone calls from citizens in reference to the meeting and the general feeling was that these citizens would feel more comfortable if the meeting could he held within the limits of the City of Roanoke. Mr. Garland stated that he too shares the opinion of Mr. Thomas, that he requested a legal opinion from the city Attorney and was assured that it would be perfectly legal for the study session to be held outside the corporate limits of the city; however, he expressed concern that citizens might misunderstand the motives of Conncil. In order to eliminate any doubt concerning the study session, Mr. Hubard moved that the session be held on Friday, J~ne 25, 1976, from 1:00 p.m., to 5:30 p.m., in the Executive Session Room of the Roanoke City Council chamber in the Munlcipal Building. The ~otlon was seconded by Mr. Thonuas and unanimously adopted. There being no further business, the Mayor declared tho meeting adjourned. ATTEST: City Clerk APPROVED COUNCIL, SPECIA~HEETING~ Monday, June 21, 1976. The Council of the City of Roanoke met in special meeting on June 21, 1976, at ?=30 p.m., at the Roanoke Civic Center F~dtlbit Hall, 710 Wllliamson Road, N. E., for the purpose Of holding a public hearing on the proposal of un increase in the rate of tax to be t~posed on taxable real estate and tangible personal property and other property segregation for local taxatlon ~n the Clty of Roanoke for the tax year cc~laenc~ng January 1, 1977, and to hear other budgetary matters that might cc~e before the body. P~gSENT= Councilmen Robert A. Garland, Willia~ S. H~bard, David K. Liskt Nicholas F. Taubma~, Hampton W. Thomas, James O. Trout and Mayor Noel C. Taylor ....................................... ?. A~SENT= None .........................0. OFFICERS PRESENT= Mr. Byron E. Haner, City Hanagerl Mr. James N. Ktncanon, City Attorney~ Mr. Ja~es E. Buchholtz, Assistant City Attorney~ Mr. Charles R. Allen, Assistant City Attorneys Hr. A. N. Gibson, Director of Flnance~ Mr. John H. Mitchell, Assistant Director of Finance~ and Mrs. Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Noel C. Taylor. In order to lay some type of ground rules, Hr. ,~aubma~ ~oveu tulau each individual speaker be limited tn no longer than five minutes each and that the public hearing adjourn no later than 10:00 p.m. The motion was seconded by Mr. Thc~nas and unanimously adopted. Mr. E. C. Warren representing the Board of Directors of the Virginia Restaurant Association and restaurant operators in the City of Roanoke, appeared before Council in opposition to the proposed one per cent tax on all prepared foods and raised various questions relative to how the tax will be enacted and stated that the tax is unfair and di~crimlnatory and should be put on complete retail or be repealed altogether. With reference to the garbage collection fee, the following persons appeared before Council and mde the followlng points= Mr. Frunk Angle made reference to the elderly and sick who are not physically able to carry garbage to the curb and wanted to k~owwhat provisions will be made for th~m. Mr. Steven Alle~ ~de reference to people who cannot afford to pay the $3.00 per month garbage collection fee and stated that he receives no services from the city except police end fire protection. Mr. George g. Franklin advised that he would be opposed to placing garbage cans along the curb, that he now lives in the inter-city and garbage is placed in the backyards along the alleys and because of improper containers, the dogs get into the cans and strew garbage through the yards and alleys, and suggested that the city look into every posslble federal program in existence to ~ake certain that the city is getting the ~flx~um a~ount of federal monies available. 2'91 292 Wi~h reference to the continuation of the ~[gh Incidence Target (SIT) ~ ~. ~ence C. Hus~rove ap~ared ~fore Co.oil on ~hal~ of ~e F~ate~al Order of Police ~d ~9ed ~e continuation of ~e ~T P=~r~ ~yond ~e 30~ 1976, as a serrate organization vi~ the police depa~nt and p~esented fac~s on a~eas ~he~e[n ~e HIT Squad has been active, N~e~ous ~[cations ~e=e before Co~cil ia s~t of continuation of ~e HZT he ts ~[~d a~[ [~e fac~ ~a[ ~e have so ~y people on [he educa[[o~a[ b~age~ ~eq~es[[ng sa[a~ lac=eases ~ho a~e no[ ~esid~[s o~ [he C[[y o~ b~ c~[e~s~ ~ha[ [he C~[y of ~anoke has a p~o~[~ s~[a~ ~o [ha~ of ~e~ Yo~k oily. [ha[ [he elderly a~e being ~eq~es~ed [o co~[b~[e [o [he o[ [hese peo~[e~ [ha[ [hese no~-~esiden[s a~e no[ conceded ~t~ c~Je~ affairs or ~ha[ ~e have a c~e p~ob[~ o~ a ~a~bage p~ob[~. [hey a~e sey[ng ~ey be in favor of a pay roll tax to ~ ~sed on ~ese people. with reference to ~e school budget, Ms. Lynn Th~pson, President, Roanoke Education Ass~iation, appeared before Co~uil and advised ~at she is certain ~e m~rs of Co~cil are aware of ~e position of ~e ~ in reference to the 1.5 million dollar cut in the sch~l budget and the ~ r~uests ~at Co,ell ~ke it clear ~at ~e propose~ t~ increases are not brought about in any way by the educational budget since that budget has been cut three- fourths of a ~llion dollars less than it was in fiscal year 1975-76. ~. Steven J. Mab~ advised ~at a teacher c~ot support h~elf ~d his f~ily on the ~resent sa~a~ s~uct~e and teachers will be forced into taking a second job after school hours or have to leave ~e profession altoge~er, and ~inted out that city ~ployees and teachers are berg hit twice in ~at ~eir pay plus have been frozen and ~ey are still having to pay the additional t~es, ~at ~e quality of education in ~e Roanoke budget is $750,000.00 less ~an it operated ~der in ~e past year, forty-five perso~el ~sitions have been cut ~d ~is loss of staffing will decrease teacher effectiv~ess ~d affect ~ student-teacher ratio. ~. Dan Wilson s~ke in support of a pay increase for teachers and stated ~at he woul~ be willing to pay more personal property t~es and real estate taxes in order for this to bec~e a reality; ~d advise~ of the availability of his se~ices to the city to participate in c~{ttee assi~nts. ~. C. E. Spradlin spoke in refer~ce to sewer se~ices in ~e Cove Road - Peters Creek Road area, advising ~at when ~e city a~exed this area it was said to be in g~d financial condition, ~at at ~is t~ ~ere is no sewer syst~ ~n ~e area ~d still ~e people are pay~g ~e s~e ~o~t of t~es as the ~ople who do have a sewer syst~, ~d ~e area has received no se~ices fro~ ~e City of ~oke ~cept higher t~es. ~l~h reference to the t~x on clgarettee~ l~ro gllie H. ~llam~ Kr. H. David ~ltehell~ ~r. ~, T. Colema~ ~r. ~[11~ ~, U~ll and ~, ~ack ~es all a~ke In op~sition to ~e ~nc~e~ae ~ ~e cigarette t~ f~ t~o c~ta ~ck to five c~ts per pack and stated t~t ~e ~x will not generate ~at much additional revenue for ~e city In ~t citizens will ~e ~eir p~chases ~ ~e co~y ~d thereby cause ~e city to lose o~er rev~ue. Wl~ reference to ~e city ~loyee layoffs~ ~. Geo=ge W. Attorney, re~ested ~at Co~cil reinstate ~ose ~loyees who have not ~en placed In other jobs as of J~e 30, 1976, and advised ~at the poll~ of the city as contained In Title 2, C~pter 13, of The C~e of ~e City of ~anoke, 1956, as ~ended~ ~d more s~cifically set out in Sections 8.4 and 8.5, was not followed In reference to ~ese layoffs. In reference to ~e pro~sal to increase fr~ a rate of ~3.45 p~r one h~dred dollars of assessed or o~er valuation to a rate of not more ~ $4.10 per one h~dred dollars of assessed or other valuation, the tax to be ~sed by the City of Roanoke for the tax year c~encing J~ua~ 1, 1977~ on all tax~le real estate ~d all t~able t~pible ~rsonal property, and all other s~jects o[ taxation in the city segregated ~d classified for local t~ation ~d c~r~tly taxed by the city as provided in Section 1, Chapter 1, Title VI of The C~e ~e City of Roanoke, 1956, as ~ded, effective on ~d after January I, to be adjusted in accord~ce wi~ ~e provisio~s of ~58-760 of the 1950 of Virginia, as ~ended, but not the rate of t~ ~osed on ~y oi the aforesaid s~jects of t~ation, ~e ~yor made reference to a petition by approx~tely one h~dred t~ayers in opposition to ~e real estate t~ ~crease, ~. Warren W. Stoke s~ke in favor of the real estate t~, advising ~at ~is proposed t~ increase is t~ 1~ and ~ged Co~cil to key its opera- ting expenses against the pro~rty t~s wi~ any~ing else being a fringe fit ~d a tr~sient one ~d also urged Co~cil not to consid~r the 65~ flg~e but to raise the t~ to ~e ~int where w~ can ~ke our city o~erational. ~. Charles L. ~ndis stated ~at d~ing ~ rec~t Co~cil election ~e inc~ents led the citiz~s to believe ~at ~e city was in sold fin~cial condition ~d they stated there would ~ no budget deficit, but in~ents refused to c~ent on the ~o~t of money needed to bal~ce ~e budget and~. contended that budgeta~ facts were wi~eld from ~e t~ayers ~til after ~ election, ~d advised ~at he is against ~y tax increase ~less that increase goes t~ard pay increases for city ~ployees ~d sch~l perso~el. ~. J~s He.ay presented petitions to ~e Hayor total~g 1,597 signatures in opposition to th~ real estate and personal property tax increases and suggested ~at Co~cil enact s~e of ~e rec~dation~ confined in ~e HcKinsey report in order to generate additional rev~ue to ~e city. ~. Paul B~e ~de reference to certain deficit operations of the City of Roanoke such as ~e Civic Center, ~e bus comply, projects ~der way or proposed for const~ction such as ~e parking garage, ~e jail and co~ouse~ 293 294, the proposed downtown pedes~rian ~all and stated that ha cannot afford to live in the City of Roanoke and urged that Council reconsider the priorities of this city. Hr. H. W. Hlghfield stated that as of January It 1976t he became a resident of the city due to annexation and the only benefit he has seen fram that annexation is for the past sl~x months he has received free garbage collection and no~ that is about to be taken away fram him, advising that his real estate taxes went from $506.35 in the county to $661.?1 in the city, do9 tags went from ~3.00 to ~5.00, decals fram $5.00 to ~15.00 and in sc~e instances from $5.00 to ~20.00 and fuxther stated that he cannot afford to live in the City Of Roanoke. Mr. R. H. ~neeler stated that he cannot afford the city*s high real estate tax. Hr. Carl Slxbey stated that annexed county residents did not want annexation, they were satisfied with living in the county where the taxes were reasonable, that he is no~ paying two times the taxes to the City of Roanoke as compared with the taxes he paid to Roanoke County, that he has no sewer service or water service fram the city, the charge for garbage collection sea ridiculous and if Council forgets about the tax increases, it might get some cooperation from Valley citizens. Hr. Charles Argabright stated that he has lived in the city for thirteen years, that the City ~h3nager says the budget must be bale/Iced %~ith a tax increase but questioned how citlsens will balance their budgets if the city continues to impose these tax increases. Mrs. Marjorle Glover stated that the city needs to take a closer look at its budget and suggested that the Civic Center be rrm by a Commission. Mr. L. Raymond Pugh, Jr., advised that the Roanoke Neighborhood Alliance reccam~ends that Council not reduce services provided to the inter-city, it recommends that the frequency of street cleaning not be reduced, it suggests that a parking fee be instituted for use of the parking lot at the Roanoke civic Center, a proposed pay roll tax on non-city residents, that mere penalties be imposed on property in the city in violation of certain city ordinances end recommended that the city not raise real estate taxes now hut explore other sources of revenue in a more aggressive fashion, Mr. r.. j. Parkinso~ suggested that the city should have more aggressive planning so that in its next fiscal year it will not have to raise taxes again to balance the budget. Mr. Thomas Gibson suggested that Council, the City M~nager, the Mayor end the Director of Finance review the city budget every three months, that they also review the city revenue every three months and if this procedure is followed, the Council will not face the same types of budgetary problems in the future. Mr. Omer King spoke against the real estate tax and personal property tax increases and suggested that if the city cannot get along with the anllexed coenty residents, the land should be given back to the county. Mr. George E. Franklin stated that it appears the citizens have gzeat concern about the quality of the adm~nistration and that pesslbly Council should consider a reorganization not only In the city adm~nistration but In the echool administration and address itself to bringing In sc~e less expensive people. The Mayor advised that Council will meet in budget study session at 8z00 a.m,, on Tuesday, June 22, 1976, to make concluding decisions on the fiscal yeer 1976-77 budget: and a .Fornml meeting of Council will be held on Weclnesda¥, June 23, 1976, at 2~00 p.m., to adopt the overall 1976-77 fiscal year budget of the City of Roanoke. It being 10z00 p.m., and there being no f~rther business, the Mayor declared the public hearing adjourned. APPROVED ATTEST: City Clerk 295 296 Wednesday, June 23, 1975o The Council of the City of Roanoke met In special meeting in the Council Chamber in the Municipal Building, Wednesday, June 23, 1976, at twelve o~clock, noon, Eastern Daylight Saving T/me, pursuant to Resolution No. 22958 of the Council providing for said special meeting, for the purpose of receiving, opening and considering bids ~ade to the city for the pu~clu~se of all of the $$,500,000 General Obligation Parking Facility Bonds authorized to be Issued and sold by Ordinance No. 21044 of the City Council as amended by Ordinance No. 22391 of said Council~ all of the $6,000,000 General Obligation Jail Bonds of the City authorized to be issued and sold by Ordinance No. 22690 of the Council~ and ail Of the $10,815,000 General Obligation Public School Bonds of the City authorized to be issued and sold by Ordinance No. 22769 of the Councll~ and for the purpose Of taking such action in the premises as the Council ~/ght then ba advised, with Mayor Noel C. Taylor PRESENT: Councilmen Robert A. Garland, William S. Hubard~ Nicholas F. Taul~n, Hampton W. Th~uas, and Hayer Noel C. Taylor .................. ABSENT~ Co~t~ci]~nen David K. ~isk and James O. Trout ........... 2. OFFICERS P~ESENT: Mr. Byron E. Haner, City Manager; Kincanon, City Attorney; ktr. A. ~. Gibson, Director Of Finance~ and ~rs. Mary F, Parker, City Clerk. INVOCAT[ONt The meeting was opened with a prayer by Councilma~ Willia~n $. Hubard. BONDS-CAPITAL IM~ROVF2iENT$ PROGRA~-pA/~KING GArAGE-REGIONAL JAIL- SCHOOLS: Mayor Taylor called the meeting to order and stated that the special meeting of Council was being held for the pttk-pose of receiving, opening and considering bids made to the city for the purchase of $5,500,000 General Obligation Parking Facility Bonds of the City of Roanoke authorized by Ordinance No. 21044 a~d 22391, for the p~rchase of $6,000,000 General Obllgat~on Jai! Bonds of the City of Roanoke authorized by Ordinance No. 22690, and for the purchase of $10,815,000 General Obligation Public School Improvement Bonds of the City of Roanoke authorized by Ordinance No. 22768~ and for the purpose of taking such action in the premises as the Council may then be advised. It appearing that tulder the provisions of Resolution No. 22957 adopted on the first day of June, 1976, the City Clerk was directed to advertise for the sale of $5,500,000 General Obligation Parking Facility Bonds, $6,000,000 General Obligation Jall Bonds and $10,815~000 General Obligation P~blic School Bonds of the City of Roanoke, Virginia, the said bids to be presented to the Council at twelve o~clock, noon, Eastern Day1~ght Saving T~ne, pursuant to ment and due notice of sale, the said advertisement reserving the right to the city to reject any and all bids, five bids were presented to the body by the City Clerk as having been filed. In this connection, the Hayer asked if any bidder present did not fully understand ~he proposal, whether'anyone present had not been q[ven an opporttmity to sul~nit bids and if there were any questions on the part of those who had submitted proposals relative to terms and conditions upon which the bids had been sube~tted, to which questions there was no response frcm bidders present. No one present raising any question as to the advertisement and notlce of sale~ the Mayor announced the bidding closedw and directed the City Clerk to proceed with the opening and reading of the bids thus filed. The City Clerk thereupon proceeded with opening and reading the five bids made to the city for the purchase of tho $5,500,000 General Obligation Parking Facility Bonds, the $6,000,000 General Obligation Jail Bonds, a~d the $10,815,000 General Obligation public School Bonds of the City of Roanoke, Virginia. After the opening and reading of the bids, Councilma~ Thomas moved that a com~ittee be sp~ointed by the}{ayor to tabulate and study ss~d bids and to report to Council as promptly as possible. The motion was seconded by Councilman Ta~ and adopted. The Mayor appointed the Director of Finance, the City Attorney and Mayor Noel C. Taylor as members Of the committee and designated the Director Of Finance as C~airman of t~e committee. All bids sub~/tted having been opened and read, the Hayer declared the meeting recessed until 2=45 p.m., the sa~e day and place. Due to the fact that the report of the committee had not been completed at 2=45 p.m., the Council reconvened at 3=10 p.m., the same day in the Co=nell Chamber with the following members present, Mayor Taylor presiding= PP~SENT= Councilmen Robert A. Garland, Willlam S. Bubard, David K. Lisk, Nicholas F. Taub~all, Hampton W. Thomas and Mayor Noel C. Taylor--6. ABSENT= Councilman James O. Trout ..............................1. The Director of Finance, the City Attorney and the Mayor, the three members of the cc~nmittee previously appointed by the Mayor to tabulate, study and make report on the five bids submitted for the $5,500,000 General Obligation Parking Facility Bonds, the $6,000,000 General Obligation Jall Bonds, and the $10,815,000 General Obligation Public School Bonds, submitted the following report transmitting a tabulation of all bids, advising that the bid of the Chase Manhattan Bank, N. A. and Associates is the lowest and best bid received conforms to the advertisement, said bid resulting in a net interest cost of $13,091,692.50 at a net interest rate of 5.5840019%, and rec~mmending that the bid be accepted= 'June 23, 1976 Honoruble Hayer and City Coune£1 Roanoke, Virginia. The bids received today for $22,315,000.00 of General Obligation Bonds have been tabulated. The bid of The chase Hanhattan Bank~ N.A. and Associates is the lowest and best bid received and conforms to the edver- tisument and we reca~d that it bo accepted, while the written proposals made the City by Bache Halsey Stuart ThC. and Associates and by The Chase l~anhatten Bank, N.A. and Associates each reflect a net interest rate of 5.S840%, The Chase Hanhattan Bank, N.A. and Associates have offered a pre- z~tum of $200.00 while that of Bache ~lsey stuart Inc. and Associates offers no premium for purchase of the bonds. Con- siderJ~g the prenLtum offered in this one case and no offer of pre. Lure in the o~her~ the bid of The Chase Hanhat~sn Bank, H.A. and Associa%es results in a net interest coat of $13,091,692.50, at a net interest rate of 5.5840019%! while the proposal of Bache Halsey Stuart Inc. and Associates would result in a net interest cost of $13,091,700o00, at a net: interest rate off 5.5840051%. A resolution tabulating all bide received and providing sale of the bonds to the abovena=ed low bidder and rejecting other bids accompanies this report. Respectfully submitted, S/ A. N. Gibson A. N. Gibson Director of Finance S/ J, N. Kincanon J. N, Kincanon City Attorney S/ Noel C. Taylor Noel C. Taylor Councilman Thomas moved that council concur in the recommendation of the ccxnmittee. The motion was seconded by Councilman Taubman and adopted. Councilman Thomas then offered the following Resolution containing a tabulation of all of the bids so made and providing for the sale of $22,315,000 aggregate pr£ncipal amount of general obligation bonds of the City Of Roanoke to The Chase Manhattan Bank, N.A. and Associates: (J23025) A RESOLUTION accepting a bid to purchase $22,315,000 aggregate principal amount of general obligation bonds of the City of Roanoke, Virginia~ fixing the rates of interest to be borne by said bonds; approving an official state~ent relating to said bonds~ authorizing the execution o£ a certificate relating to said offlcial statement; and ratifying certain acts. (For full text of Resolution, see Resolution Hook No. Councilman Thc~as moved the adoption of the Resolution. The motion was seconded by Councilman Taubman and adopted by the following vote: AYES: Counci~nen Garland, Hubard, Lisk, Ta,,~m~, Thomas and Mayor Taylor ........................................... 6. NAYS: None ............................0. (Councilman Trout absent) There being no further business, the Mayor declared the meeting adjourned. City Clerk APPROVED Mayor COUNCIL~ SPECIA~HEETING~ Waclnesday~ June 23~ 1976. · he council of the City of Roanoke met in special meetin~ in the Council Chamber in the Hunicipal Building, City of Roanoke, on Wednesday, June 23, 1976, at 2=00 p,mo, for the purpose of officially adoptin~ the 1976-77 fiscal year budget for the City of P~anoke, with Vlce-Hayor Robert A. Garland presiding. pRESENT= Councilmen William S. Hubard, David K. Lisk, Nicholas F. Ta~, Hampton W. Thomas, Vice-Mayor Robert A. Garland and Hayor Noel C. Taylor (arrived at approximately 3=00 p.m.) ......................... 6. ABSENT= Counci/man James O. Trout ...........................1. OFFICERS PP~SENT= Hr. Byron E. Haner, City Hanager~ Hr. James N. Kincanon, City Attorney! Hr. James E. Buchholtz, A~sista~t City Attorney~ Hr. A. N. Gibson, Director of Flnance~ and Hrs. HaryF. Parker, City Clerk. BUDGET-CO~HONWEALTH~S ATTO~y= Hr. Robert F. Rider, Commonwealth's Attorney, appeared before Council and requested that funds be appropriated by the city for fiscal year 1976-77 for the position of Investigator for his office at a salary Of approximately $15,000.00. The Vice-Hayor and Hr. Hubard stated that thsy were of the tulder- standing that Council had prevlously decided to use funds fro~ two of the fourteen vacant police officer positions to fund this position; whereupen~ the City ~Lanager stated that this previously had been the intent, but Council's action in budget study in freezing the 73 new employment slots froze those funds. Hr. Hubard moved that the request of the Co~onwealth~s Attorney for continuation of the ~nvestlgator position in fiscal year 1976-?? budget at approximately $15,000.00 be authorized. The motion was seconded by Hr. Taubma~ and adopted. The Co~onwealth~a Attorney made f~rther reference to the need for the position of a Chief Assistant Co=~onwealth~s Attornay, Grads 3?, and that approximately an additional $5,000.00 will be needed for fiscal year 1976-77 to fund ~hls position. After a discussion wherelnHr. Llsk stated that he could not support the request since there are other priorities that need to come first, Hr. Htlbard moved that Counci! approve the upgrading of an A~aista~t Comn~nwealth~ Attorney, to Chief Assistant Cc~unonwealth*s Attorney, Grade 37, effective July 1, 1976. The motion was seconded by ~. Tau~ and adopted by the following vote= AYES: Hessrs. Hubard, Ta-~n, Thomas and Vice-Mayor Garland---4. NAYS= Hr. Lisk ................................................ (Mayor Taylor had not arrived at the meeting) With reference to the continuation of the HIT Program beyond June 30, 1976, the City ~h%nagsr advised that a number of citizens have inquired concerning the HIT--anti-burglary program of the Police Department now that federal funding will terminate as of June 30, 1976, and presented the followlng verbal report= 299 300 · A number of citizens have /.nqu~red concern/rig the b~gla~ pr~r~ of ~e Police ~par~t~ n~ ~at Federal f~d~g will re.hate as of J~e 30~ HIT, as an e~r~n~l pr~r~, ~s provided val~le ~for- ~tlon on ~e cr~ of b~gla~$ ~t ~s provided h~dreds of c~tizens w[~ lnfo~tion on h~ to ~ttar se~e ~eir h~s and bus~nessesl ~t has proven ~e value of officer checks on h~s while ~cup~ts are awayl ~e rate of arrests of b~g- 1ars ~s do~l~ ~n ~e past two years. We cer~inly intend to continue all ~ese f~ct~ons of HIT. N~ that Federal f~d~g has ended~ ~e need no longer exists to v~ew HIT o~rat[ons as a separate s~d (which was neces- sa~ to ~s point to dete~ne HIT feas~bility and for federal audit p~ses). The p~lic education, ~revent~on~ ~d train- ing aspects of HIT are retained in ~e~r entirety ~der o~ SedUces D~v~s[on~ vacation house checks are assigned as a res~nsib[lity of ~e Unifo~DiV~sion~ follY-up investiga- tions (five detectives) will r~in in ~e Detective Division as they have been for several monks. Covert activities will be established as needed, ~rough c~rdination o~ the Detec- tive and Unifo~Dlvision. One addi~onal task will be assigned to HIT-qualified perso~el~ we e~ect to incor~rate HIT training ~nto ~e schedule of o~ Police Acad~, for bo~bas~c and ln-se~lce co~ses. By me~s, each police officer w[11 be trained in ~e s~ject~ and selected of[icers of each platen will ~ ~re intensively trained. All personnel assigned to HIT operations will continue ~n tasks as a pr~ duty except for= Lt, ~wur~ who has guided this t~-~n ~it to success to date~ will ass~ c~d of a 25-~n Un~fo~ Division plat~n~ Officer De~ Will ~ assigned to ~e Youth Bureau~ ~d Officer Renick to a Unifo~ platen. Bach of the ~ee take ~e HIT ~er~ence w~ th~ to their new ass~g~ts, Wa have been ve~ pleased wi~ citizen res~nse to H~T ~d fully ~nt~d to continue to provide ~e BU~ET-C~SATION ~: Cocci1 having previously referred to budget study, ~e 1976-77 f~scal year budgets of ~e C~onweal~s Attorney, ~e Tr~as~r, the Co~ss[oner of the Revenue and ~e Sheriff as approved by ~e C~pensation Board, the ~tter was before the b~y. ~. Tarn moved ~t Cocci1 appeal ~e decision of ~e Compensation Boar~ relative to ~e budgets of ~e Const[tutiona~ Officers and ~at the ~yor be requested to select two me.ers of Cocci1 to go to ~c~nd to sit ~e Board to review ~ach o[ said budgets. The motion was seconded by ~. Lisk ~d adopted. B~ET-PUBLIC ~= Cocci1 hav~ng previously referred to 1976-77 budget study a regort of ~e A~v~so~ Board of H~ Se~ices reco~ding ~neral Relief pa~ents be ~e at 100 per cent of stat~ min~ allo~ent st~dard ra~er ~ 80 per cent, the re~rt was before ~e b~y. At ~is point, ~e Mayer entered ~e meeting ~d took the Chair. After having been advised by ~e City~nager ~at due to ~e tight bu~ge~ situation it is recorded ~at pa~ents r~in at 80 per cent, Th~s ~ved ~at the rec~endation of ~e Advlso~ ~ard of H~ Se~ices be denied ~d ~at pa~ents r~in at S0 per cent of st~dard. The motion was seconded bye. Tarn and adopted, ~. Lisk vot~g BUDGET-HEALTH DEPAR~14~I~t Cot~cil having previously referred to 1976-77 budget study a request: of Hental Health Services Board for an additional $34w?12.00 to its budget thereby ~k~ng a total appropriation of $174,712.00w the matter '*'aa before '~he body. Hr. Thomas moved that the request for the additional funds be denied, The motion was seconded by Hr. _Te~ and adopted. BUDGET-PENSIONS~ Council havlng previously requested a Joint meeting with the Board of Trustees, Employees~ Retirement System, relative to changing the ratio of c~n, stocks and bonds, the Director of Finance stated that the matter could be deleted from the agenda with the understanding that payments by the city to the system will be made on the basis appropriated and lncluded in the budget and in the very near future the matter w£11 be resolved by the Board of Trustees with a further report to Council. BUDGET-TAXES~ with reference to the tax on personal property and real estate, Hr. Hubard offered the following emergency Ordinance: (%23029) AN ORDINANCE to amend and reordain Sec. 1. Rate of tax on realty and personalty., of Chapter 1. Current Taxes., Title VI. Taxation, of The code of the City of Roanoke, 1956, as emended; providing for an exemp- tion frem taxation as tangible personal property the household goods and personal effects as defined as separate items o£ taxation and classified in §58-829.1 of the 1950 Code of Virginia, as amended, providing the t/me at and after which the aforesaid tax rates shall be effective; and providing for an e-~ergency. (For full text of Ordinance, see Ordinance Book No. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote.' AYES: Hessrs. Garland, Hubard, Lisk, Taubman, Thomas and Hayor Taylor .................................6. NAYS.- None .................. 0. (Hr. Trout absent) BUDGET-TAXES: With reference to the tax on utillty services, Hr. Taubman offered the followi0g emergency Ordinance: (%23030) AN ORDINANCE emending and reordaining Sec. 2.1 of Chapter 3. 0tility service tax., of Title VI. Taxation, of The Code of the City of Roanoke, 1956, as amended, by fixing a limit of $10,000 per month tax per utility service on any utility service taxable under See. 2. of said chapter and Title, for the period con~nenelng January 1, 1976, and ending June 30, 1976, and limiting, after July 1, 1976, to $2,000 per month any single tax /mposed by section 2 of Chapter 3. Title VI, of The Code of the City of Roanoke, 1956, as emended, upon purchasers of gas or electric utility services; and providing for an emergemcy. (For full text of ordinance, see Ordinance Book No. Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the followlng vote: 30i 3O2 AYES~ Messrs. Garlo-~d~ Hubard, Llskw Ta"~'~w Thomas and Hayor Taylor ................................. NAYSz None ..................0. (~. ~ou~ ~sent) Nl~ reference to Ee~al[n9 Resolution No. 22600 s~tin~ ~ of CO~C~I ~a~ ~e rate of t~ on p~chasers of util~t~ se~lces be reduced ~n certain incrusts, ~. H~a=d offered ~e folly[hq ~$23031) A ~SO~TIOH ~epealing Resolution No. 22600 heretofore adopted by ~e Co~cil of ~e City oE ~oke on Dec.er 15, 1975. ~h~ch said Resolution stated ~ intent oE ~e Co~cii ~at ~e rate oE t~ on p~chasers oE utility se~ices as deE~ed in ~apte~ 3~ Title VI of The C~e of ~e City of Ro~oke, 1956, as ~ended~ be reduced in certain tncr~nts provided in said Resolution. (For full text of Resolution, see Resolution ~ok No. Mr. H~ard moved ~e adopt[on of ~e Resolution. The motion was seconded' by ~. Garland ~d adopted by ~e roll,lng vote: AYe: Hessrs. Garl~d, H~ard~ Lisk~ Ta-hm~n~ Th~s and ~yor Taylor ..................................... 6. NAYSs None .......................0. (~. Trout ~sent) Cocci1 ~en r~uested that ~e City Attorney prepare for the regular ~eting on ~esday, July 6, 1976, a measure to be inco~orated ~nto The C~e o[ the City of Ro~oke, 1956~ as ~ended, to provide ~at the utility t~wi11 be reduced by 2 1/2 per cent begi~[ng July 1, 1977. BU~ET-T~S: W[~ reference to a se~ice charge on certa~ real property of ~e co~onweal~, ~. H~ard offered ~e following ~erg~ (S23032) ~ O~IN~CE ~d[ng and reorda[n[ng Chapter 1. Current t~es, Title VI. T~at~on, of The C~e of the City of ~anoke, 1956, as by ~e addition of a new section to be n~red and ~titled Sec. 1.1, charge on certain rea[ pro~rty of ~e c~onweal~ - ~ses~ent and colle~ :ion thereof~ i~os[ng a se~[ce charge on certain real estate o~ed by ~e Co~onweal~ of Virginia wi~[n ~e City which is exit from /~at[on ~der general law; providing for the assessment and collection of such se~ce charge~ ~d providing for an e~rgen~. (For full t~t of Ordln~ce, see Ordin~ce ~ok No. ~. H~ard moved ~e adopt[on of ~e Ordinance. The mot[on was seconded by ~. Garland and adopted by ~e foll~ing vote: AYES: Messrs. Garl~d, H~ard, L[sk~ Ta-~m=~ Th~s and~yor Taylor ....................................... 6. NAYS= None ........................0. {~. Trout absent) BU~ET-MISCE~EOUS= Wi~ reference to [ncreasing ~d fixing certain fees~ charges and ~[sce11~eo~s user charges est~l[shed for various ~tters~ ~. H~ard offered ~e foll~[ng ~ergen~ Ordinance= (%23033) ~ O~IN~CE [ncreasing ~d fixing certain fees, charges and ~scell~eous user charges est~l~shed for ~e t~ing and storage of vehicles, dog ~o~nts, t~i driver pe~ts, private detective licenses, zon~g review, s~iv[sion of l~d, buildlng ~d const~ction ~nspect[ons, mot[on pict~e ex~ations and electrical, pl~ing~ building, si~ ~d heat~g per- ~t~, ~d o~er lees ~d c~rges~ ~dln~ c~r~a[n ~ections, cha~ters provisions of The Code of the City of Roanoke, 1956, as a~ended, relating to the aforesaid~ and providing for an emergency. (For full text of Ordinance, see ordinance Book No. Hr. Hubardmoved the adoption of the Ordinance. The motion wae seconded by Hr. Ts-~- and adopted by the following vote: AYES: Messrs. Garland, Hubard, Llskt Ta~t Thomas and Mayor Taylor ...................................... 6. NA¥S~ None .......................0. (~r. Trout absent) BUDGET: Council having previously agreed in budget study to delete the ~osition of Director of Civic Enrichment, Hr. Thomas offered the following emergency Ordinance: (%23034) AN ORDIHANCE regaling Chapter 16. Directorate of Civic Enrichment., of Title IX. Administration, of The Code of the City of Roanoke, 1956, as amended, and providing for an emergency. (For full text of Ordinance, see ordinance Book No. Mr. Th~nas moved the adoption Of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Ta,,hm~, Thomas and Mayor Taylor ................................ 6. NAYS: None .......................0. (dr. %'ro4t absent) The position of Director of Technical and Administrative planning having also been deleted from the budget, Hr. Thomas moved that the City Clerk be instructed to place a measure to this effect as prepared by the City Attorney On the agenda of Council for its meeting on Monday, June 28, 1976. The motion was seconded by}tr. Lisk and adopted. BUDGET-pAY pLAN-CITY EMPLOYEES: Council having previously agreed in budget study that there would be no incremental increases in compensation provided for employees in the classified service of the city for fiscal year 1976-77, Mr. Taubman offered the following emergency Ordinance: (~23035) AN ORDINANCE temporarily staying %mtil further action by Ordinance of the Cowacil certain provisions contained in Sec. 11. of Chapter 13, Title II. Administration, of The Code of the City of Roanoke, 1956, as amended, which heretofore provided for regular incremental increases in the compensation provided for employees in the classified service of the City, and as set out in the City's pay plan; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Mr. Taub~anmoved the adoption of the Ordinance. The motion was seconded by Mr. Habard and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taub~an, Thomas and Mayor Taylor ...................................... 6. NAYS: None ...................... 0. (Mr. Trout absent) 303 304 BUDGET-CII'Y I~IPLOYEESt Council I~.vln~ previously agreed in budget study f~eeze the 73 vac~ c~ty ~lo~ee ~sitions vl~ ~e ~ders~d~ng ~a~ ~f ~d ~hen these ~sitions need to be filled ~e city ~a~er ~111 re.est ~e conc~=ence of Co~cll, a Resolution l~tinT, ~til f~e: order of ~e Co~cll, ~he n~ of pe~nen~ classified ~loyees of ~e city to 1662~ ~as before In this co~ection~ ~. H~ard questioned h~ Co~cll=~ action freezing ~e 73 yacht ~sitions viii affect ~ls to~l n~r of 1662 and ~e City ~ager replied ~a~ ~e 73 vac~cies ~e Coacil irole do not ~at only 53 vacancies exis~ ~d he d~s not ~ ~he~e ~e iip~e of 73 c~e In order to clarify ~e ~tter, ~. H~a~d ~ved that ~e Resolution be ~ended to l~lt 2he City Hanager to no~ ~re ~ 1655 persons. The mo~ion vas seconded by ~. Th~s and adopted. ~. H~a~d then offered ~e roll.in9 ~ended Resolution~ (i23036) A ~OL~ION l~ting, ~til f~er order of the cocci1, the n~r of pe~en~ classified ~ployees of ~e City. (For full text off Resolution~ see Resolution ~k ~. Hu~rd moved the adoption of ~e Resolution as ~ended. The ~otlon ~as seconded by ~. Th~s and adopted by ~e foll~ing vote: Taylo~ ...................................... 6. NAYS= None .......................0. (~. ~out absent) B~ET: The Director of Finance a~itted a certificate advising ~at E~ds required for ~e 1976-77 General F~d, Wate~ F~d, Serape F~d, Roanoke Civic Cente~ and Ai~o~ budgets are or rill be available for appropriation. (For full t~t, see certificate as filed in ~e city Cle~k*s Office.) Hr. Ta~hman moved ~a~ the certificate be ~ecelved and filed. mo~ion ~as seconded bye. Th~s and adopted. BURET: ~. H~ard offered the roll.lng ~er9en~ Ordin~ce ~in9 appropriations from ~e G~eral Fund off ~e City of ~anoke in ~e total a~ of ~68,588,868.85 for ~e fiscal year bepi~h~ 3uly 1, 1976, and ending ~une 30, 197~: (~23037) ~ O~I~CE ~in9 approprla~ions ~ ~e General F~d of ~he City off Ro~oke for the fiscal year bepi~ing ~uly 1, 1976, and ~din9 3~e 30, 1977~ and declaring ~e existence oi ~ ~e~gency. (For full t~ of Ordin~ce, see Ordinance ~k No. ~. Ta-~m~n moved the adoption of ~e O~din~ce. The Eotion ~as seconded by ~. Lisk and adopted by ~e roll.in9 vote~ AYe: Hes~r~. Garl~d, H~ard, Lisk, Ta~ ~s and~yor Taylo= ...................................... 6. HAYS= None .......................0. (~. Trout BUDGET-WATER DEPARTmEnT= Mr. Hubard offered the following emergency Ordinance making appropriations from the Hater Fund of the City of Roanoke in the tote! amount of ~3~940,515.00 for the fiscal year beginning July 1, 1976, and ending June 30, 1977~ (%23038) AN ORDINANCE making appropriations from the Hater Fund for the City of Roanoke for the fiscal year b~ginning July 1, '1976, and ending June 30, 1977! and declaring the existence Of an emergency. (For full text Of Ordinance, see Ordinance Book No. Mr, Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Tauknnan and adopted by the following vote= AYES= Messrs. Garlandt Hubard, Llsk~ Taubman, Thomas and Mayor Taylor ..................................... 6. NAYS= None ......................0. (PLr. Trout absent) BUDGET-SEWERS ARD STORM DRAINS= Mr. Taubman offered the following emergency Ordinance making appropriations from the Sewage Treatment Fund for the City of Roanoke in the total amount of $4,023~020.01 for the fiscal year beginning July 1, 1976, and ending June 30, 1977: (%23039} AN ORDINA/~CE ~aking appropriations fro~ the Sewage Treat- ment Fund for the City of Roanoke for the fiscal year beginning July 1, 1976, and ending June 30, 1977; and declaring the existence of an emergency. (For full text of ordinance, see Ordinance~k No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Tho~as and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taubman, Thomas and Mayor Taylor ................................... 6. NAYS= None ..................... 0. (Mr. Trout absent} BUDGET-AUDITORIUM-COLISEUM= Mr. Lisk offered the following emergency Ordinance making appropriations from the Civic Center Fund for the City of Roanoke in the total amount of $1,095,719.50 for the fiscal year beginning July 1, 1976, and ending June 30, 1977: (%23040) AN ORDINANCE ~aking appropriations from the Civic Center Fund of the City of Roanoke for the fiscal year b~gianing July 1, 1976, and ending June 30, 1977; and declaring the existence of an ~orgency. (For full text of Ordinance, see Ordinance Book No. Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by}tr. Hubard and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Ta~an, Thomas and Mayor Taylor .....................................6. NAYS= None ......................0. (Mr. Trout absent) BUDGET-AIRPORT: Hr. Lisk offered the following emergency Ordinance making appropriations frc~ the Municipal Airport Fund for the City of Roanoke in the total amoant of $1,510,595.95 for the fiscal year beginning July 1, 1976, and ending June 30, 1977: 3O5 306 I ATTEST: (123041) AN ORDIHA.NCE makJ. ng appropria%lons frc~ the Municipal Airport Fund of the City of Roanoke for the fiscal year beginning July 1, 1976, a~d ending June 30, 1977! aha declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. }ir. Llsk moved the adoption of the Ordinance. The motion was seconded by Mr. Ts,h~, and adopted by the following votez AYES: Hessrs. Garlandw Hubardu Liskw Ta-t~-, Thomas and Hayor Taylor ......................................... 6 · NAYS: None .......................... 0. (Mr. Trout absent) There being no further business, the Hayor declared the meetin~ adjourned. APPROVED OFFICIAL STATEMENT THE CITY OF ROANOKE, VIRGINIA Offers for sale $22,315,000 GENERAL OBUGAT1ON BONDS $5,500,00O Parking Fac~ty Bo~ds. Series"A-6" $6,000,000 Jeff Bonds, Series"A-7" $10,815,000 Pubic School Boo,ds, Series "A-8" WEDNESOAY, JUNE 23, m7S Monday~ ~una 28~ 1976. ~he Council of the City of Roanoke ~et in regular meeting in the Council Chamber in the Huniclpal Bullding~ City of Roanoke, on Nonday~ June 28, 1976, at ?~30 p.m.~ with Vlce-Hayor Robert A. Garland presiding. PP~$EN~.' Councllm~n ~llliam ~. Hubard~ David I. Lisk, Nicholas F. Ta-~, Hampton W. Thomas, James O. Trout and Vlce-Hayor Robert I. Garland ................................................. ABSENT: Mayor No~l C. Taylor ................. (Mayor Taylor was attending the U. S. Conference of Mayors in Milwaukee, Wisconsin.) OFFICERS PP~ES~NT: Mr. Byron E. Haner, City Manager~ Mr. Sam H. McGhee, III, Assistant City Hanagsr~ Mr. James N. Klncanon, City Attorney! }ir. James E. Buchholtz, Assistant 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 the Reverend A. H. Holllngsworth, Retired Presbyterian Minister. ACTS OF ACKNOWLEDGEMENT: Hr. Mike Nuckoles appeared before Council and presented a portrait painted by hi~self of the late Mayor Roy %~ebber as a gift to the Council and the citizens of the City of Roanoke. (See statement end portrait as filed in the City Clerkes Office.) The Vice-Mayor expressed appreciat!-n to Mr. Nuckoles and assur~ him that the portrait will be properly displayed. Hr. H~bard moved that the matter be referred to the Roanoke City Arts Co~ission for recc~endation as to disposition of the portrait. The motion was seconded by Mr. Thomas and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: TRAFFIC= Co~ulcll having set a ptlblic hearing for 7:30 p.m., Monday, Jtule 28, 1976, on the clllestion Of development of a system of Auto-Restricted Zones (a pedestrian movement downtow~ mall) for certain of the public streets in the downtown section of the City of Roanoke, the ~atter was before the body. The following persons appeared before Council in support of the mall concept= Mr. William R. Hill, Executive Vice President, Downtown Roanoke, Incor- porated, pointed out that Downtown Roanoke is not an adversary with anyone on this proposal, that the function of Downtown Roanoke is to try to pursue a decision on all idea that a lot of people feel has real merit, a~d read a prepared statement as to the position of Downtown Roanoke, Incorporated. (For full text, see state/sent as filed in the City Clerk's Office.) Mr. G. Neal Maddox also representing Downtown Roanoke, Incorporated, presented a s~ry of an opinion research sttrvey conducted by Dow~to~ll Roanoke relative to attitudes toward malls and other elements of the downtown system. (For full text, see survey as filed in the City Clerk's Office.) 307 304 BUD~T-CI~ ~O~S, CouneAl h~vAng pzevA~IM agre~ ~eeae ~e ~3 vac~ ~M ~X~ee ~aA~lons vL~ ~e ~e:s~g ~d vh~ ~ese ~siti~s need ~o ~ failed ~e City ~ge: wall re~est con~renca of Co~cXl, a ~solu~lon l~ing, ~til f~er o~der of ~e n~r of pe~t classified ~l~ees of ~e cat2 to 1662, Vas before ~a b~y. In ~{ cou~l~ ~. H~rd ~{{~lo~ed h~ ~o~il~s a~%lon f~azin~ ~e 23 vac~ ~sl~s ~ affec~ ~ls ~o~ n~ of ~a Cl~y ~ager repli~ ~ ~e 73 vac~c~es ~e Co~cil froze do no~ ~a~ only $3 vacnc~es ~i{t ud h~ d~s no~ ~ wh~ ~ fl~ mo~lon was {econd~d by ~. ~s ud adoptS. ~. H~a~d ~hen offered ~ foll~in~ ~d~d R~{olvtioa: ~a~ f~ds ; F~d, Ro~ approp~iatl~ (} ~g app~( total ending J~e the City of J~e 30, 19% seconded by [ A~ } 306 ~ en~g ~e 30, 1977j an~ dealing ~ ~s~ce o~ ~ (For full ~ex~ o~'O~ce, see Ord~ce ~ ~. ~sk n~ed ~e adop~ o~ ~e O~d~ce. The ~oa vas seceded b~ ~. Ta-~A~ ~ adopted ~ ~e foll~g vote~ AYESz ~ess~s. G~l~d~ H~d~ L~sk~ Ta-~-~ ~8 Ta~lor ........................................6. ~YSz None ......................... 0. (~0 TEOB~ ~s~) ~ere ~g no f~er bus,ness, ~e ~yor declared ~e adjo~ed. APPROVED ATTEST: City Clerk Mavnr NOTICE OF SALE CTI'Y OF ROANOKE VIRGINIA s22,31s~00 GENERAL OBLIGATION BONDS 304 BUDGEToCXI~ KNPLOYKIIS8 CouneL]. hAV;tng pravXously agreed ~reeze ~e 73 vac~ cA~y ~Xo~ee ~sA~inns wl~ ~e ~deEs~g ~d wh~ ~ese ~sA~L~8 ne~ ~o be fLXXe~ ~e CA~M ~ge~ ~e n~ o~ pe~ cXassLfin~ ~X~ees o~ ~e cA~M ~o ~662~ was ~e~o~e ~e b~y. fxeez~ng ~e 73 vac~t ~s~tl~s will affect ~ls to~l n~x of 1662 ~e City ~ager ~epl~ed ~t ~e 73 vac~cles ~e Co~cil f~oze do no~ ~a2 only 53 vac~cies ~st ~d he does nok ~ vhe~e ~e In o~der to clar~f~ ~e ~tter, ~. H~d ~ved ~a~ ~e Resolution be ~ended to l~k ~e C~t~ ~ager to no~ ~e ~ 1655 ~rsons. ~21on vas se~nded b~ ~. ~s ~d adopted. ~. H~aFd then offered ~e fail.lng ~ded Resolution~ the number motion was Taylor ..... that funds Fund, Roane appropriati M motion was B making appr total amoun ending June ( the City of Jtt~e 30, 19 C seconded by A' Taylor .... ~ SixeS, Near york. New y~t, on August 2.1976. ~ ~ socm tl~t~ex as the I~ed~ may ~e ~ ~t ~ ~ bahnce o~the FuThne i:wice, inded~g &uy pmn~=m offc~L must be made in F~ ~ it h tnttctp~ed that CUSIP idcnti~,~tt~ enmbe~ v~ be printed on the Bond~ bvt neither the hl'lm~ t~ ~t ~ therc~, to al:~ ddJvcr/o/and i~7 for the Bc~ll bt ac~rdzuce ~,h the term~ of it3 I~xaaL N° C~S~ Mm~ numbe~ sh~ be de~ned to be a i~t of mai Bond c~ a pail of the coutr~ e~c~ccd thefc~ ~ ~ ~ ~ h~ For bl the sun-maid! bidd~ for the Bee~. The respective olinka of MCS=L Weed Davsea Lo~ & S~b~line tPPlminl the ulklil7 of e'~h series °f ~e ~ the payment of such Bon~ and the ~te~t the~m u~m ~ v.vF--%7 whMn the ~Y. sub'ct to ~ ~ ~ ~, ~' ou~ Unn~m of r~e c~ am~nL ~ berg undc~tocd th~ the r~3 of the hcdde~ of such Bond~ ~ the ~ la~ for the r~e~ of debt~L Such o~nkms r~afinf to the ~choc~ ihm~ and thc 10fl ~ ~ ~ th~ ~ ht~ ~ America east existiug ~, exce~ pe~u'bly am pzov~ed b~ Secii~ 103(c1 ofthe I~tera'l ~ ~e °f I~. ~ ~' ed. v~h r~pe~ to H7 such B~d foe an7 pe~od ~hcn ~ch Bond h held bY a perm ~o b a m~ ~ ~ ~ ~ s+,+~m~* may also be obtained at the c~race olr Mesas. Woed Daw~ou love & Sabaline, 48 Wall St~, New Yel'Ir,. New Yo~k i~ Mary F. Parker, CflI C~rk 6 3O6 (123041,)AH ORDZHARCR making appropriat:Lons £ro~ the HunJ. cipa! ~ ~ : ~ ' ' '/0'Ul 1, 1976, and endin9 June 30, 1977! and decle~in9 the existence of an energenc~. ~"~'~'*"' (For £ull text o£'Ordi~nanco, see ordinance Book NO. Hr. L~sk moved the adoption of the Ordinance. The ~otion vas seconded by Hr. Ta-~- and adopted by the follo~in~ vote: AYES: Hessrs. Garland, Hubard, Llsk, T~-~-~, Thrones and Hayor Taylor ........................................6 · NAYS: None ..........................0. (Hr. Trout absent) There being no further business, the Hayor declared the meeting adjourned. APPROVRD ATTEST: - C~y Clerk M~vnr Ih'IltODUCTION DESCRIPTION OF THE BONDS The bond5 will be dated August 1,1976 with annu3l serhl paymem~ em August h of each yc~ ~ ~ ~ Pnbnc F~ity M ~ An B~ds Bemds Beads Boads 1977 $27~,0G0 $3G0,(~0 S..q40,G~0 SI,II;~C0 1978 ~5~ ~ ~ 1,11~ 1~1 ~S~ ~D ~D 1,11~ 1~ ~ ~ ~ 1,I1~ 1~ ~ ~ ~ 1.11~ The bonds are of the de~,~,~,,+ton of S5,C00 each. ~ cu the tx~ds is payable s,~mtn~ually ou August I and Febt-dary 1. The inte~st payabk with tupect to each bored ce any tntez~st date w~l be evidenced ~ a ~e ~ ~ York, New yc~ tl~ munJc~ity Is pJedged fro' the paymf~t th~'e~ The (~'y ofrR--~t*, ha.5 nev~ defaulted In the ~ ~ ~- 304 freeze the ';3 vacant oity enployee positions with the understanding that. if and when these positions need to ~ flll~! the City ~nager will request the concurrence of Council, a l~solution ll~tting, until turther order of the Council, the number of permanent classified e~ployees of the city to 1652, Yas before the body. In this connection, Mr. Hubard questioned how Councll*s action in freezing the 73 vacant positions will affect this total number of 1662 and the City ~anager replied that the 73 vacancies the Council froze do not exlatt that only 53 vacancies exist and he does not know where the figure of 73 came £rom. In order to clarify the matter, Mr. Hubard moved that the Resolution be amended to limit the City Hanager to not more than 1655 persons. ~he notion was seconded by H~. ~c~as and adopted. Mr. Hubard then offered the £ollowing amended Resolution.' the numbe~: motion was Taylor ..... that funds Fund, Roanc appropriatt motion was: making appz total a~oun ending June the City of June 30, 19 M seconded bY A Taylor ..... N ~ OF ROANOKE GENERAL DESCR~TION--TERRn'ORY AND GOVERNMENT uoke ¥a~7 ad~ce~ to the C'~i ~ Sakm and Roxno~e C0un~ ~ca~d ~ g~th~est ~r~gh~ Appr0xhn~id1104~0 per' ARFA OF CITY (1) 1884 ......................... 3.46 Sq~ Mncs 1~9 ......................... 18~0 ......................... &~u~ M~s 1965 ......................... 1~15 ........................ ~i~ 1~ ......................... l~ ......................... 1~76 $~ M]~ ~ 1~6 ......................... ~ON ~) 1~ .................................. 21,495 1~ .................................. 69~ 1910 .................................. ~74 1~ .................................. 91,~1 1~ .................................. ~2 1 ~ .................................. ~.110 1~ .................................. 69~ 1~ .................................. ~I15 (4) ~ l~ 1. ! ~6 .............. 1~.4~ ~ ~~ ~a~M~ ~~ Ma~ ~(~ 306 (J2304't) AH ORDIHAHC~ mak~n~ &~rop~La~ions f~c~t the H~icipal ~ ~ of ~e City of ~e fo~ ~d end~g ~e 30, 1977j and decl~g (FO~ full tex~ of Ord~ce, see Ord~ce ~k ~o. ~. Llak ~ed ~ ad~on oi ~a O~d~ce. The ~tlon vas seconded by ~. Ta-~-~ ~d adopted by ~e foll~g votez A~ Messrs. G~l~d, H~ard, Llsk~ Ta-~A-~ ~s ~d ~yor Taylor ........................................6 · ~YS~ None ......................... 0. (~. ~out abs~t) ~ere ~g no f~er bus~ness, ~e ~yor declared ~e ~et~g adjo~ed. APPROVED A~ST~ 304 freeze the 73 vacant city enPl0¥~ee positions vith the ~ders~g ~d vh~ ~ese ~sitions need to ~ filled ~e City ~age~ wXXX :~es~ ~e ~e n~r of peanut classified ~lo~ees of ~e city ~ 1662, Vas before In ~1s c~ec~1~r ~. ~ar~ ~est~oned h~ Co~cll*s act1~ freezing ~e 73 yacht ~sitl~s will affec2 ~18 to~l n~ of 1662 ~e Clt~ ~ager repll~ ~2 ~e 73 vac~c~es ~e Co~cil froze do no2 ~a2 only 53 vac~cies ~s~ ~d he d~s no2 ~ v~e ~e El~e In order to clarify ~e ~tte~, ~. H~aFd ~v~ ~a2 ~e Resolution The be amended to l~t the C£tyHanager to not more than 1655 ~ersons. motion was seconded by Hr. Thomas and adopte~. Hr. Hubard then offered the following amended Resolution: the number motion was Taylor ..... that funds appropriatt ~nding Junl ANNEXATION m~ d tc~.it~i7 f~ncr~ ~ i~ tbe c~unt~ d R ~ Tbe eff~c~re dzte d ~ner~ ~f~m ~ ~ ~au~ ~ ~ 97 ~ Publk de6t -- the C~y d Ro~oke thai a~ume alzl provklc foe ~.~163 peromt d the ex~t~g net b~nded h. debtedne~ c~the Comity of RemOte incurred pt~e to Ap~ 14,197& pu~o4~t to thh requbement the C~ty ~ ce lznuary !, 1976. ~4,1~4~t I~ (C) l~ss of n~t tax re--me -- t~e C-~y ~Jl ~npens~ tl~ ~m~ f~ I~s of net tax te~ue h ~ ~t d $9,563.7~ to be ~ i~ ten (10) (D) Capi~/hnl~OVem~ts -- the C~U is t~tu~d to complcte witMn the next five (S) ~zrs the tnstall~m ~~ six (6) mmths oftht fiscal ~ ~le to th~ ~.~ zrc~ amovntlnE to S4J)29,797. The budget i~d.d t]~ public the City oi June 30, 1! ~econded bi Taylor .... 10 306 (923041) AN ORDINANCE making appropriations £rc~ the Municipal A~rport F~nd of the City of Roanoke for ~he fiscal year beglmling July 1~ 1976t .... ;' (For fUl~ ~t Of O~ce, see ora~ce ~k RO. ~. ~sk ~ed ~ a~on of ~e Or~ce. The ~tion was secondea by ~. Tauten ~ adopted ~ ~e foll~g A~S~ Messrs. Garl~ H~ard, L~sk, Ta~, ~s ~ ~yor Taylor 6 ....................................... ~YSt None .......................... 0. (~. ~out ~s~t) ~ere ~g no f~er business, ~e adjourned. APPROVED ATTEST~ ~_C~ty Clerk TAXATION AND REVENUE ~ll be made Lt c~e bund~d lX~Znt (1(~0%) of the hJr nLukct va~u~, at which time thc Lu rtte is ~ ~ ~ ~~ to refl~ such chins~ I~ ~JJnlnc~ o~ the ~ Cou~ LLT~S On r~l] esLt~ f~ the ~.ar bei~n~ng Jonu127 1 are du~: ~ ~ A~ l. luu~ 1, Scpt~ab~ 1. L~d Decemb~ 1 ore. ch ~ar. A ten pem~t (10%) penalU f~ n~pa~ne~ b added to ~ ~ tnstallmc~t fi~ days after due d~te. Int~est h ~.~;l~ chafed at t~ t~te ~f ei~t pe~mt ~) ~ ,nn~ m n~ ~ Peflonal pt~pe=ty t~xcs are palable by May I in the year of k-ry. A iz~ t~,~,a (10%} penalty fo~ nonpaym~ h~ to de~--ease to reflect the tfo~me~kmed dmnge tn the ass.~,..,,i~ rate ~ r~! l,,~t_i~ ~om ~ to 1~ of~ Otb= mawr sources ~f rescue tncl~de · erie ~,~;. {1%) Local Sales Ttz. UtlT~ Contain= Ts.z and · Business and Oecs~miimm] ~ TaL (A) Bu~ss ~nd Occul~C~fl ~.~. T~ -- ~ tl~ priv~g~ of d~ng businm c~ op~-~ng in the C~ ~~ lB) Utility r,~e~ Tax -- as ~/ul~ 1,1971, a tax in tl~ amou~ ~' twen~ l~-~mt (20%) of the d~.ge made ~~ Local Sales Tax -- a general retail sales trix h~ been hnposed by the C~y stnce S~nber 1,1966, at ~e ~ ~ ~ .} .] 304 freeze the 73 vacant city employee positions with the understanding that / ~ wh~ ~ese ~s~lons need to ~ filled ~e C~M ~ager v~ll re~es~ con~r~ce o~ Co~cll, a ~solu~lon l~t~g, ~til f~er order of ~e Co.clX, ~e n~e= of pe~t classified ~loyees of ~e city ~ 1662~ was before In ~ls co~ectl~ ~. ~d ~estioned h~ Co~cllta action fEeezin9 ~e 73 vac~t ~sitl~s ~111 a~fect ~18 to~l n~ of 1662 ~d ~e City ~ager zeplied ~at ~e 73 recycles ~e Co~cil froze do not ~at only 53 vac~cies ~lat ~d he d~ not ~ vhe~e ~e fi~e o[ 73 In order to clarify ~e ~tte~, ~. H~d ~ved ~at ~e Resolution be ~nded to l~t ~e City ~age~ to no~ ~re ~ 1655 ~rsons. ~e motion Vas seconded by ~. ~8 and adoptS. ~. H~ard then offered ~e foll~h~ ~ded Resolution~ ~e n~r THREE-YEAR SUMMARY OF FIN.4/qCIAL OPERATIONS (1) ! GI~ERAL FUND: motion was F~d B~an~ J~ ! ReTcnu~: Taylor ..... F~n ~ ~ F~ S~ ~ F~ ~ T~ R~ ! T~ F~ Av~k ~at f~ds A~ F~, RO~ appropr~a~ T~ ~ 1974-75 1973-74 1972~73 $ L06~813 S ~44~717 S 1,131229 ~7~3~0 2~ 27~7~184 21J83J)93 20~79~2~ 19,94L00~ S~.4~623 ~177.195 47~14~80 ~7~7.4~ ~62~912 47.403.2~4 0.576.445} $ 2O28O9 4.067.664 43,816.~0 39.394318 2,3~6,124 3,078.837 ! motion was 1 mak/ng app~ total amora end/ng June Ad~m~nm~ to Fund Balance Fund Bzhnce lun~ 30 2~6,S54 456.167 $ 2,0~,813 ~ 2.448,717 the City o] June 30, 1! seconded b~. Taylor .... (!~'3041) ~I Oltl)IliANCE 3~king approp:latlons ~ the N~lcipal li~ort F~d of ~e City of ~oke for ~e fiscal year ~gialng July 1, 1976, ';' (For full text of Ord~oe, see Ord~oe ~k No~ ~. ~lsk ~ed ~e adop~on of ~e Ord~=e. The ~tion was seconded by ~. Ta~ ~d adopted by ~e foiling vote~ AYESs Messrs. Garl~d~ H~ard~ Llsk~ Ta~-~ ~s ~d ~yor Taylor ......................................... 6. ~YSs None .......................... 0. (~. Trout abs~t} There ~g no f~er business, ~e ~yor declared ~e meet~g adjo~ed. APPROVED ATTEST: City Clerk 304 freeze the 73 vacant city ~e~loyee Positions with the understanding ~hat ~d when ~ese ~sitions need to ~ filled ~e City ~ge~ will r~es~ ~e convince o~ Co~cll, a ~solution IMtino, ~til f~eE o~de~ of ~e Co,clX, ~e n~r of pe~t olassifA~ ~l~ees of ~e city ~ 1662, was before ~ b~. Xn ~ts ~ec~l~, ~. H~ard ~es~ion~ h~ Co~cll's action freezing ~e 73 yacht ~sXtions will affec~ ~ls to~l n~ o~ 1662 ~d ~e C~tM ~ager replied ~ ~e 73 vac~c~es ~e Co~cil froze do not ~at only 53 vac~cies ~ist ~d he d~s no2 ~ where ~e fA~e of 73 In order to clarify ~e ~tter, ~. H~d ~ved ~at ~e ~solu21on be ~nded to 1Mt ~e tit2 ~ager to no2 ~e ~ 1655 persons. ~e motion was seconded bM ~. ~s and adopt~. ~. H~rd ~en ofEe~ed ~e foll~in~ ~ded Resolu2ion: the number o! Kc. motion was AY! Taylor ....... NA% B~ that funds r~ Fund, Roanok~ appropriat~o! motion was making appro~ total amount ending Jtme the City of Jtme 30, 197] (Fc Mr. seconded by Taylor ...... "- BUDGE11NG, ACCOUNTING AND AUDITING The C~y Char~ r~u~es the ~ Manag~ to subm~ a b-I-,~ Gene~ F~d budget to Ccunc~ no In+et than ~e tim day c~ May c~each yeah F2ch depa~nent and ag~cy p~q~es ks oma b~get reques~ for revkw by ~ ~ M~. ~ease ~ stn~e out items of eXl~ndim~ (other than debt set*icc cr items requir~l by law) but nmy not ~ ~ ~ ,~ e~pt to cotTect oe~ or mith~ en~eq_ The annual budget ts a cun~t opcrafin~ bud&~t which fee the ~.ar ended J~ 30.1974 was awan~d a re~e~ed ce~ificate fnnn the Menk~ F'~ ~ ~ w~ The Munkipal A~t~, who is aplx~ted by and tmFon~blc to C~7 C~ncil, ts rcquh~ by the C~ ~ ~ ~ a Ce~fied Public Aca~mtanL The f-~ of the Mu~p~ AudRc~ h to -~e &nd audit all ac~mflts, books and te~s of the accom~ng m~ds and procofure~ ~ FUND BUDGEr FOR FISCAL YEAR ENDING JUNE 30~ 1~76 REVENUES s~rccs ~' nmmue a~e fi~n Federal and State 'G~h~AM". At June 20,1975 at,~ 61% of the C~s total State ~ a~d Fc~x~ Rc*~aue Sha~ng Fond~ Tcttl Ge~H=tl Ftmd rev~ues for fiscal year 1975.7& we~-e estbnated at S64,944.227 jn the adopted bu~ ~ ~ duded $1.163,469 as tn es~4~.+,-,5 C, cneral Fund smptm at the end of Fncal yea~ 1974.75. and $1,i 12,853 to be retorned S62.667,905 as ~d curreni income during the year. As of April 30. ! 976 the t~,hed revenue estimate for the ~ was the 1974-75 Fm~d year to reflect the ac~usl status that was avaHabk to bahncc the 197~76 adopted budgeL 14 306 (J23041) AN ORDI~CE risking appropriations frc~ the Municipal Airport Fund of the City of Roanoke for the fiscal year beginning July 1, 1976t ........ . ....... :j:. _'_;!! ~ '~ '; '': : : .... ' ................~ ........ '" ~:' {For full text of Ordinance, see Ordinance Book No. Hr. ~.lsk moved the adoption o£ the ordinance. The motion wes seconded by Hr. ?sultan and adopted by the £olloving vote: AYES: Hessrso Garlandt Hubard~ r.isk, Yaul~an~ Thomas and Nayor Taylor ......................................... $. ~A¥S: None .........£ ................ 0. (H~o Trout absent) There bein9 no further business, the Hayor declared the meeting adiourned. APPROVED ATTEST: City Clerk . ~vor pJo~m~t 8nd Trltnhg Act Thee funds whkh ire r~str~ed as to thor use are ~ h spe~d funds ~d do not pass throvsh t~ Geae~l Fu~L At the time the 1975-76 ~ Fired Budget w&5 adopted, it was esL~mst~ that expenditvI~ tn the fiscll ~ ~- hg June 30,1976. would tGta] $64.944.277. As d the end d April 30,1976 the Genel'al Fund ~ ~ ~ estimated r~ducflm h furth~ sh,~,Z-~'- by the Citfs ~a~t~tion's expresmi intent d t pdk7 d fhcal rcstralnt debt (~.~a at S4JL~q~6 in 1975-76L an annual &pla~i~im for pub~ wdfl~ (es~-+~ at S10,5T2.101 h 1975-76). an atum~l ie&.~.latic~ to ~,A,~ the l~t'e PabSt Sch~oh ($20~21,3,~ tn 1975-76). ap* \ \ 304 nUDGET-ClTY ~LOYEES~ Council haying vhen ~ese ~sl~l~s nee~ ~o ~ fill~ ~e Cl~y ~age~ will r~es~ ~e conc~rence of Co~cll, a ~solut~on l~t~g, ~til f~er orde~ of ~e Co~cil, n~er of pe~n~ classLfled ~lo~ees of ~e cit~ to 1662, vas before b~y. ~y ~nagex xep~ ~ ~e 73 Vac~c~es ~e ~o~c~ ~xoze do no~ vas seconded by ~. ~s ~d adopted. Mr motion was AY] Taylor ....... NA! that ftmds F~, Ro~ok~ appropriat~ol (F~ ~g appro~ ~d~g J~e ~e City of J~e 30, 197] seconded by Taylor ..... 20.71Z GRAKrS-IN-AIO ~ C(]I440tI~JU. TH 16.98~ OTHER TAXES 12.49Z SCHOOL REVENUE 8.10~ 6.12~ PER~IT & OTHER PRIVILEGE FEE. S 4.59~ GRAi~S-II~-AI D ERO(4 FEDERAL GO~ SERVICE REVERUE ESTIMATED 2.05~ SERVICE CHARGES FOR CURRENT SERVICES GENERAL FUND REVENUES FISCAL YEAR 1975-1976 25.18~ TAXF.~ 306 12~ · WORKS 10.18% SAFETY SECURITY (~23041) AN ORDINANCE making appropriations from the Hunicipal Airport Fund of the City of Roanoke for the ~lscal year beginning July l, 1976, '" (For full text of Ordinnnce, see OrdLuance Book Mr. Llsk ~oved the adop~on o£ the Ordinance. The ~otlon vas seconded by ~tr. Ta-~-q and adopted by the following vote~ AYES~ Hessre. Garland, gubard~ Lick, Tautenw Thomas and Taylor ......................................... 6. NAYS~ None .......................... O. (Mr. Trout absent) There being no further buslnessw the Mayor declared the meeting adjourned. ATTEST~ _City Clerk APPROVED 16.50~ HUI4N~ SERVICES 33.41~ 8.85% AONINISTRATIVE DEBT SERVICE 2.55% UTILITIES 2.70~ OPERATIONS CIVIC ENRICIg, rr. NT 2.91% JONICIAI. ESTIMATED GENERAL FUND EXPENDITURES FISCAL YEAR 1975-1976 .53% CAPITAL 1.72% FINANCIAL 2.29% ',TEOtNICAL & ACI4INISTRATIVE PLANNING 304 BUD~ET-CXTY ~4PLOXS~ES t £~eeze the 73 vacant cAt~ employee pomXtAons vA~ ~e ~e~m~g ~t ~d vh~ ~ese ~sAtA~s need to ~ [ill~ ~e C~ty ~2er wall ze~eat c~ence oE Co.cA1, a ~solutAon l~t~g, ~tA1 ~e~ o~der o~ ~e ~e n~r of pe~t classifAed ~lo~ees of ~e cAty ~ 1662, vas ~ore ~e b~y. ~xeez~ng ~e ~3 yacht ~s~h~s v~ll affect ~s to~l n~x of 1662 ~d ~e C~ty ~age~ repl~ ~k ~e 73 vacuoles ~e Co~c~l [~ze do not ~at only 53 vacuoles ~s~ ~d he d~s not ~ ~xe ~e f~e of ~3 c~ fx~. In order to clarify ~e ~ttex, ~. H~axd ~ved ~a2 ~e ~esolu2~on be ~ended to l~k ~e C~ty ~agex to no~ ~e ~ 1655 ~sons, ~he motion ~as seconded by ~. ~s ~d adopted. ~. ~xd then o[fered ~e foll~ng ~nded ~esolu~on= A~ Taylor ....... NA that funds r, Fund, Roanokt appropriat~oz Mr. motion was si makLng appro total nmount end~g June the City of June 30, 197~ Mr. seconded by gaylor ....... pERCENTOFHOUSEHOLDSBYCASH INCOME GROUPS 0) Romoke Sd~n $ 0 -- L~9 12-6 7.2 6.6 3J~O-- 4.9~9 !0.1 S.2 4.6 ~0-- 7,999 IS.9 12.7 8.9 8000-- 9,999 10.7 10.6 10J~0-- 14,999 24.5 27.0 26.8 15,000 -- 24,g99 20.4 29.8 34.9 Over $25,a]0 S.8 7.5 9.9 CONSTRUCTION ACTIVITY Selccled data a~e l~s~ted below to/[lustrat e cvu~r~:~ achy tn the City. BUILDING pERMITS (2) ymr Nmnber V~ 1~65 99 $ 634,17300 19~6 116.3 10J37,47'~.~0 1967 117S ~,~ 1~9 14~ 11,161~17.~ 1~ ~14 17~1~ 1~1 ~ 24~,~1~ 1~ ~ ~9~ 1~ 1~ 41~1~7~ 1~4 !~ 41~I.~ I~S 17~ 21~1.71 ~ HO~G ~ ~ D} ymr Numb~ 1970 9290) 1971 1:3920) 1972 11360) 1973 579 1974 217 197S 10~ HOUSING UNITS BY TYPE OF STRUCIURE ~ year Sbqb Fam~ Mud~Fam~ 1960 2~3 11 1975 ' 75 30 18 Toed 274 929 10~ 306 (~2'4041) ~%T ORDINANCE /~ak~ng appropriations frou the H~icipal A~rt F~d of ~e C~ty of ~oke for ~e f~sca~ year ~g~ng Ju~y ~, 1976, .... :' {For full t~t of Ord~ce~ see Ordi~ce ~k No. ~. L~sk ~ed ~e ad~on oE ~e Ord~ce. ~e ~t~on was seconded by ~. Tat~an ~d adopted by ~e foll~g vote~ AYES~ Hessrs. Garl~d~ H~d, L~sk~ Ta~ ~s ~d ~yor Tay 1or ........................................ 6. ~YSt None ....... h .................. 0. {~. Trout ~sent) There ~g no f~er business, ~e ~yor declared ~e meet~g ad]o~ed. ATTEST: · C~ty Clerk APPROVED COMMERCe, INDUSTRY AND ~PLOYME~T meal Others ~,4n~, govcrnment &t about 13.77%; and tr~t~ utlT~ and c~:~nmunklfiml at about 11.37TL One m~x employ'in the Ro~Joke V&lky is the N~G~ and Wcs~m l~u'~vay Cctn;~7. The Sc~ o~ ~ ~ Thc fo~ stAfisflcll information is p(tsentcd to ~L~trxte employment xnd c~nmerch] ~ctivity tn the Rotnc4ce LABOR FORCE STATISTICS (2) Ro~oke M~ot~h~ Sru 13,110 13.9 29.4 6,C00 6.3 4.6 16,120 17.0 ISA 16.280 17.2 1~8 ~ 5.8 4.7 S,880 6.2 L7 10.340 10.9 5.0 140 .~ 1.0 304 ~reeze ~e ~3 vac~ city ~l~ee ~sA~ons w~ ~e ~de~s~g ~ If ~d wh~ ~ese ~sit~s need to ~ filled ~e C~ty ~age~ will g~est ~e ~e n~r o[ pe~ent classified ~lo~ees o[ ~e c~t~ ~ 1662, Vas befoge ~e b~y. ~e C~y ~nager xepl~ ~a~ ~e 7~ vacuoles ~e Co~c~l froze do no~ In order ~o clax~y ~e ~ex~ ~ H~axd ~ved ~a~ ~e be ~nded ~o 1~ ~e C~y ~agex ~o no~ ~xe ~ ~655 persons. ~he mo~on was seconded by ~. Th~ ~d adopted. ~. H~rd ~en offered ~e foll~ng ~ded ~esolu~on: ~. ~ the number o (F, Mr Yaylor ....... NA' D~ that funds r~ appropriatiol Mr. B~ making appro! total amount ending June i the City of i June 30, 197; Mr~ seconded by ~ AY! Taylor ...... NA% TAX BASE DATA The Ten larBmt TtqmTer8 bi the CIty of Roanoke (4) 306 (J23041) AN ORDINANCp- making appropriations £ro~ the ltunl¢lpal Airport Fund of the City o£ Roanoke for the fiscal year beginning July 1, 1976, '" (For £u11 text of Oz~llnance, sea Ordinaries ~ook HO. lit. v.isk move~ ~ adop~on oi ~e Ord~ce. The ~tlon vas seconded by ~. ~a,,~ ~d adopted by ~e foll~lng vote~ AYes Hessr8. Garl~d, H~arde Llak; To-~-n~ ~s and ~yor Taylor ......................................... 6. ~YSz None ....... = .................. 0. (~. Trout absent) There ~g no fur~er business~ ~e ~yor declarea ~e meet~g ad~o~ed. ATTEST: .City Clerk APPROVED th= ptym~nts to the Oil eg all f~ds tr tu7 pL.t thcr~f ~e~..~:-ted s~d paltbk ~ ~ ~ ~ ~ ~ ~ · ,'~ mm~on,~ ~ was S~70~9. the i~.~:~-, d 5~ks Tax ~ S1~,~4, ~ a~ ~ ~ ~- ~d~ LEGAl. DEBT MARGIN of all Real Estate. Total Valne of Real ~ I ~/6 LeL, al Debt Lindt 18% of S384~92 S 69,165,S56 TotM De~ lnc:ludlng Bonds Offct~J foe SaleS~7~10~55 : Less Utility Fund L~g-Term Debt (1) 10.16S.(~0 67..345,255 304 freeze the 73 vacant, oity ,~nployen positions with the understanding that and when these positions need to be filled the City Hanager will request the concurrence of Councllw a Resolution ll~Ltlng, until further order o£ the Council, the number o£ pe~mnent classified e~lo~ees of the city to 1662, was be£ore the body. ~n this connection, Hx. l~ubard q~estioned how Counoll*e action freezing the 73 vacant positluns will affect this to~al number of 1662 and the City Manager replied that ~he 73 vacancies the Council froze do not exist, that only 53 vacancies exist and he does not kno~ vhere the figure of 73 ca~e from. In order to clarify ~he natterw H~. Hubard moved that ~he Resolution be anended to l~t the City Hanager to not more than 1655 persons. motion vas seconded by H~. Thomas and adopted. MFo Hubard then offered the following a~endsd Resolution: the number o Hr motion was AY. Taylor ....... NA' that funds r~ appropriatiol Hr motion was BU~ making approi total amount ending Jane (%: the City of June 30, 197~ Hr:. seconded by AY! Taylor ...... NAS SUMMARY OF DEBT SERVICE REQUIKEMENTS TO MATURITY $18,14~fi08 306 (123041) AN O~DINANCE making appropriat~ons from the Municipal A~port Fund of ~e City of ~oke_~. ~e ~isca~ ~ear ~lng ~uly 1~ 1976~ ~d end~g ~e 30~ 1977~ and deol~g ;' (For full te~ of Ord~ce~ see Ord~ ~k No. ~. ~lsk ~ed ~e adop~on of ~e Ord~nc~. The ~lon was seconded by ~. Tauten ~d adopted by ~e foll~ vo~e~ AY~ Hessrs. Garl~d~ H~ard~ ~lsk~ Ta~ ~s and ~yor Taylor ......................................... 6. ~YS~ None .......................... 0. (~. Trout abs~t) There ~g no f~er business, ~e ~yor declared ~e meet~g ATI'EST: C~ty Clerk APPROVED ............. MaYor DEBT RATIOS AND pERCENTAGES Trend in Debt Set,ce F-xpendhures as a pe~t~e ~c~l Fund F-~mdiim~ C,e~M F,md Fl~sl year 1973 ~t6,753,S59 ~3,078~37 6.59 1974 S0,763,6S3 2~6,124 4.65 1975 $7~54,627 3,03&491 5.30 ~) Debt allocaMe to G~'~I Fund as a pe~e~tage of t~e m~rke~ v~te of teal estate, June ~, 1 ~ $ 32,383.470 -- = 4.61% $70~2~7~065 03) Ann~al debt serdee ~m debt ~ll~c~ble to Oene~l Fund as a percentage of total tevennes, ~une .~0, i ~ $ 3,038,491 -- = 5.48% (O De~ pa~ut $11.779,7/0 10~'s = ~ = 6~18% Co~npar~be Rati~ of Net Bonded Debt Allocable to G~eral Fund to Ass~mt Values and Net Debt Allocabk ~ C, encral Fund Per C. apita -- Thn~ F'~ca] Perk~ (l~ Nd ]hm~l Debt Net Debt Ne~ Deb~ bt` To ~in~kL~ To Ab~bb To G~tml Fud Ge~rd Fud Gem~l Fund Te Asms~d Value I~ C~plm $27,632,81011.21% $2c~.~ ~,6~/~0.~ 9.7~, 278.19 304 B~T-CITY ~LOYE~SS CounclX hav~n~ p~evi~ali. ~eeze ~e 73 yacht ctty ~loyee ~stti~s wt~ ~d wh~ ~ese ~sit~s need to ~ failed ~m City ~ge~ will ~e~est ~e con~z~ce o~ Co~cll, a ~solut~on l~t~, ~til ~er order oE ~e Co~cil, ~e n~er o~ pe~t classified ~lo~ees o~ ~e cit~ ~ 1662~ vas befoEe ~e b~. In ~l~ co~ection, ~. ~d ~estion~ h~ Co~cllOs action f~eezing ~e 73 vac~h ~sitl~8 vlll affect ~ls to~l n~ ~e Clt~ ~ager repll~ ~t ~e 73 vac~cies ~e Co~cil froze do not ~st~ ~at only 53 vac~cies ~s2 ~d he d~s not ~ vhe~e In order to clar~f~ ~e ~tter, ~. H~ard ~ved ~at ~e Resolution be ~nded to 1~ ~e City ~ager to not ~re ~ 1655 ~sons. The ~t~on was seconded b~ ~. ~s ~d adopted. (f AY. Taylor ...... NA' BU. that funds r, appropriat~ol Mr makLng appro total amotmt ending June the City of June 30, 197~ (F¢ seconded by AY] Taylor ....... NAS SHORT-TERM BORROWINGS At lene l, 1976 the ~U had ~00~00 h~ f~'t-te~m bce~ngs in antic~pa~on of tax rev~ues- ~ ~ LEGAL OPINION The va~dity of the bond~ w~l be apwoved by Mes~ Weed Damon Love & Sa~e. New Y°rk- New Y°tL N° the ~tements ~n thh Ot~Schl Statement, and suc~ eounsd ~smes no teSlX~.t~iU ~ ~ h~ of ~ ~ ~ ~OUS So far as any st~t~cnts at~ ma~ in tMs of~t~tal Statffnmt involflng n~t~t3 of opinieo c~ ~ w~ ~ ~ the ~,~,*~ ~31 be te~L Neithe~ thh OfCcP! Sta~ment nc~ an7 statement wldch may have ~ ~e ~ ~ h vr~ng b to be c~mtmcd as a coat~ct w~h the hoMefl o~an~ c~the bo~L n~t and do n~t c~tshl thy unm~ I~,l~.,~ of a matted fact ot tm~ t~ ~atc a n~ttt~tl ~ ~ ~ ~ ~ ~ 24 oUO (t23041) AN ORDINANCE ruskin9 appropriations frc~ the N~lcipal . ~i~t F~d o~ ~e City of ~okt for ~e fiscal yea~ ~i~lng ~uly 1~ 19~6~ .... :' flor tull text of O~b~ce, see Ord~ca ~k ~. ~lsk ~v~ ~ adop~on oE ~e Ord~ce. The ~tlon vas seconded by ~. Ta-~A~ ~d adopted by ~e foll~ln9 votes AYes Hesara. Ga~l~d~ H~ard, Llsk~ Ta~, ~8 and Taylo~ ........................................ 6. ~YSs None ........ L ................ 0. ~. ~out absent) There ~9 no f~er business~ ~e ~yor declared ~e adjomed. APPROVED ATTESTs C~ty Clerk ~vor BUCK ¢ONSULTINO ACTUARIES, INC. 1976 Mr. A. II. Gibson, Dlrecto~ of Flnfmce CitT' of l:tomeo~e Iii:CA 3O4 f~eeze ~e 73 vac~t c~ty ~l~ee ~8~t~ons w~ ~e ~ders~g ~t ~d wh~ ~ese ~slti~s need to ~ filled ~e City ~ge~ will r~est convince of Co~cil, a ~solution 1Mt~g, ~til f~e~ order of ~e Co~cll, ~e n~ of pe~t class~fied ~l~ees of ~e city to 1662, Was before ~e b~. In ~18' co~ect~, ~. ~ard ~estl0n~ h~ Co~ciles action freez~g ~e 73 yacht ~sLtl~s will affect ~ls to~l n~r of 1662 ~d ~e Clt~ ~ager replied ~t ~e 73 vac~c~e8 ~e Co~c~l froze do not ~at onl~ 53 vac~c~es ~[st ~d he d~s not ~ v~e ~e fl~e of 73 c~ In order to cla~lf~ ~e ~tter~ ~. H~aFd ~ved ~at ~e Resolution be ~nded to l~t ~e C~t~ ~ager to not ~re ~ 1655 ~sons. not~on ~as seconded b~ ~. ~s ~d sdopted. ~. H~a~d then offered ~e foll~g ~ded Resolut~on~ (J Taylor ...... NA BU that ftmds r Ftmd, Roanok appropriatia making appro~ ending 3uns . the City of ! June 30, seconded by AYI Taylor ..... 306 (~23041) ~ OI~ZI~NCE ~king app~opriat;lons f~ ~e ~o~ F~d of ~e City of ~oke for ~e fiscal year ~gl~lng 3uly 1, 1976, ~. ~isk ~ed ~e ad~on of ~e O=d~ca. The ~tlon vas seconded by ~. Ta-~ ~d adopted by ~e foll~ln~ voter AYes Hessrs. Gazl~d~ H~d~ Llsk~ Ta~ ~s ~d Tayloz ........................................6 · ~YSt None .......................... 0. (~. Trout abs~t) There ~9 no f~er business~ ~e ~yoz declared ~e meet~ adjo~ed. APPROVED A~ST~ ~ ~ LITIGATION ~ne 4,1976 304 freeze the 73 vacant city e~l~,ee positions with the understanding that ~d wh~ ~ese ~sitlons ne~ to be f~lled ~e C~ty ~age~ will ~e~es~ c~c~ce o~ Co~c~l~ a ~so~u~on l~g, ~t~l f~e~ oEdeF of ~e Co~c~l~ ~e n~e~ of pe~t claesifie~ ~lo~ees o~ ~e cit~ ~ 1662~ was before ~e b~. In ~ls.co~ec~l~ ~. ~a~d ~estion~ h~ Co~c~lts action f~eez~ ~e 73 vac~ ~s~lons vill affec~ ~18 ~o~1 n~ of 1662 ~d ~e Clt~ ~ageF repli~ ~at ~e 73 vacuoles ~e Co~cil froze do not ~a~ onl~ 53 vac~cies ~st ~ he d~s not ~ vhe~e ~e fi~e of 73 c~ In orde~ to cla~if~ ~e ~eF, ~. H~a~d ~ved ~a~ ~e Resolution be ~n~ed to l~it ~he Cit~ ~age~ ~o not ~e ~ 1655 ~sons. ~. H~a~d then o~fered ~e foll~ln~ ~de~ (J the number o Hr motion was s AY Taylor ..... NA BU that funds r Fund, Roanok appropriatio Mr motion was s. BU. making appr~ total mount ending June . the City of ! Jtme 30, 197~ Hr seconded by ! AY] Taylor ...... ' pAGE LEFT BLANK I~NTE~NTIONALLY E,r,E~ A-I FJ, lu%it A-2 · F-=hlbit A-3 Eddbtt A-4 Ex]u~ ILl F**xlu/~ C-2 E~..hib~ C-3 E~lu~i~ D-I Hzb~t I~2 ~-I F~J~ E-2 F.~b~ F~h~b]t F.I FJ.~tt F-2 F~h~t F,3 {~23041) AN ORDINA}tCE n~kln9 appropriations fro~ the H~nicipel ~d end~g ~e 30i 1977j and decl~9 ~e ~s~nce ol ~ ~g~. '~ '~' (Fo~ full ~z~ of O~ca~ se~ O~d~c~ ~k No. ~, Llsk ~d ~ adop~on of ~e Ord~ce. The ~on was eeconded by ~. Ta~a~ ~d adopted by ~e foll~ng ~ A~z Heasrs. Ga~l~d~ H~ard~ Llak~ Ta~n~ ~a ~d ~yor · aylog ......................................... 6. ~Y5s Hone .......................... 0, (~. ~rout ~s~t) The~e ~g no f=~e~ busines8~ ~e ~yog decla~ed ~e meeb~g a~j ou~e~. APPROVED ATTEST~ FI~[ANCIAL STATE~,~S TABLE OF CONTENTS Accruing' Report .......................................................... 30 GENERAL FUND l~ls~ $hee~ lune 3(~ 1975 tnd 1~74 .......................................... :. ~ W~ F~ 29 -{ 304 freeze the 73 vacant city e~loyee positions with the understanding that if and when these positions need to be filled the City Hanager will request the concurrence of council, a Resolution ll~ttin9, until further order of the Council, the nm~ber of pe~anent classified en~loyees of the city to 1662, vas before the body. in this connection, H~. H~bard questioned how Council's action freezing the 73 vacant positions rill affect this total number of 1662 and the City Hanager replied that the 73 vacancies the Council froze do not that only 53 vacancies exist and he does not know where the figure of 73 cam~ from. In order to clarify the matter, ~r. gubard moved that the Resolution be amended to limit the City Hanager to not more than 1655 persons. The motion Was seconded by Hr. Thomas and adopted. Hr. Hubard then offered ~he following ~Mnded Resolution: (! the number o (F l~ohlon was s AY Taylor ...... NA BU that funds r Fund, Roanok appropriatio motion was s making appro. total a~aonnt ending June the City of [ June 30, 197. (F, seconded by 1 AY~ Taylor ....... N~ PEAT, ~'fARWICK, ~'~ITCIil~LL ~: Co. The llonorabin H~bers of ~he City Council City of ~oanoke, Vlrstnia: We have examined the financial star.ants of the various funds and account Stoups of the City of Roanoke, Yir$1nia identified as Exhibits A-I to G-2 in the foregoinS table of contents. Our ex~mination vas made in accordance with senerally accepted auditing standards, and accordinsly included such tests of the accountini records and such other auditing procedures as we considered necessary in the circumstances. The financial stat~nents of the City of ~oanoke, Virsinta Revenue Shari~ Trust Fund, Capital Projects Fund, Grant Fund, Trust and Asency Funds end the Ceneral Fixed Asset Croup of Accounts as of ~nd for the year ended June 30, 1975, have not been included in the accou~anyinS financial report. Hoverer, we have ex~niued the financinl sta~euents of such funds and Stoup of accounts and have issued our report thereon dated September 26, 1975. Our opinion with respect to the General Fixed Asset Group of Aenaunts vas qualified since certain of the fixed assets acquired prior to 1973 are recorded st appraised values and Iccordinsly are not presented in conformity with generally accepted accounting principles which require that such assets be recorded at cost. As explained in note (1) of notes to financial statements, the fixed assets of the Water Fund are not recorded at cost. In addition, depreciation cha~es applicable to fixed assets in the tater Fund are not related to the useful lives of the assets. In c~r opinion, except for the uatter set forth in the precedins paragraph, such finoncinl statements present fairly the financial position of the various funds and account groups of the Cl~y of Roanohe, Virsinix and the results of opera,ions of such funds and chanses In f~-~-~ial position of the Enterprise Funds for the respective years then ended as set forth in Exhibits A-I to C-2 in the foregoing table of contents, in confomtty vlth generally accepted coveting principles applied on a consistent basis after restat~en= for ~he changes, with which we concur, in the method of accountin~ for fixed assets and accumulated depreciation of the Airport Fund and the Sewage Treament Fund · s described in note (1) of notes to financial state2nents. Septenber 26, 1975 306 (J23041) AH OP~IHAIiCE nk~kin9 appropriations £r~ the Municipa! ..... :' (FOr full t~ o[ Ord~ce~ see O~d~ce ~k ~. Lls~ ~ed ~e a~on oi ~e O~d~ance. The ~tion seconde~ ~ ~. Ta~ and a~tea ~ ~e folloW9 Y. fez A~Ss Keas~8. Garl~d~ H~d~ Llsk; ~o~ ~8 ~d ~yo~ Taylor ......................................... 6. ~YS~ None ......................... ~. (~. Trout abs~t} ~ere ~g no f~er business, ~e ~yor de=lared ~e meet~g ad~o~ed. APPROVED ATTEST: CITY OF ROANOKE, YIRGI~IA YEARS ENDED nme 20, 19~s ~g 1~ ~ C~ ~ h ~ W~ S~ ~ ~g ~ ~ b~ ~- ~d~ h ~D)~ ~ ~ ~ ~ ~g~ ~ ~ 31 304 ~d vh~ ~ese ~sitA~8 need to ~ fAll~ ~e CAty ~ge~ wall r~esk ~e ~e n~er of pe~t class~fAed ~lo~ees o~ ~e cat2 to 1662, wa8 before In ~As co~ectl~, ~. H~a~ ~eshi0ned h~ Co~cAl's ackA~ f~eezing ~e 73 vac~t ~8At[ons will a~fech ~As to~l n~r of 1662 ~d ~e ~XtM ~aqe~ Eeplied ~h ~e 73 vac~cAes ~e Co.clX froze do not ~a2 only 53 vac~c~es ~ls2 ~d he d~s no2 ~ where ~e El~e o[ 73 c~ ~E~. In o~de~ to clarAf2 ~e ~tter, ~. H~ard ~ved ~at ~e Resolu2[on ~ ~nded to lhit ~e C~t2 ~naqer to no~ ~e ~ 1655 persons. The motion was seconded by ~. ~s ~d adoptS. ~. H~ard then o~fered ~e foll~ng ~ded Re~o!uti~% ..: ...... (! ' ~ motion was s AY Taylor ...... BU that funds appropriatic making apprc ending June the City of June 30, seconded by Taylor ..... (2} P.*,;-,~ ~atnlngs of the Sewage and Water F~nds are restricted to 110~ of the em~nt tnstallme~t of ~ ~ to provide funding fce pr~ paym~t of debt. Sa~+,~i*l~ all employs of the C_~ty a~ ~,~ unde~ the F2nploFe~' ~ent Sy~m of the C'~ ~' Rca- noke. The marke~ value of the pens~ fund a.~c~ exc~ded the ~ested benef~s under ~e p~ ~ ~I~ ~ 1 ~ The a~m'but~n~ to the plan d~,~d to the vatiom funds ~'e as follow: ~ Fund: 1975 1~74 Sd~Bo~d $ 18~,~10 $ 164.439 $ 13~.044 Othe~ !~84.4021.219.116 976.110 Se~e TretUn~nt Fund 27.233 31 Water Fund 22,639 69.151 60.455 C~c Center Fund 17,501 22.122 17.2~3 Airport Fund 7/~03 14,883 .5,889 $1,840.888 S1.521.617 Sl,,213J71 32 {J23041) AN ORDINAncE making appropriations frc~ the MunicLpal Fund of the City of Roanoke for the fiscal year begl~ling July 1, 1976, .... (For full tex]= o£ Ord~nance~ see Ordinance Book NO. Mr. Link moved the adoption of the Ordinance. The motion was seconded by Hr. Tau~an~ and adopted by the £ollowl~g VOtez AYES~ Messrs. Garland, Hubard, L-'sk~ Tatgm~n, Thomas and Mayor Taylor ......................................... 6. NAYSz None ........~ ................. 0. (Mr. Trout absent) There being no further business, the Mayor declared the meeting adjourned. APPROVED A~TESTi F. zk~ A-I GENERAL F~ND BALANCE R/NE ~0~ 1975 AND 1974 ~ 1975 1974 Cash T~np~'av] lnv~m~ (1J. S. Secufit~ S 4~ ~ T~ R~ ~,1~ 4,731 ~4 R~ R~ I.t4L~ 1,1~414 A~ ~ 1.124~ ~ ~g ~~g--~Y~ ~ 1~.~ T~ ~ ~ 1~76,~ T~ ~ ~1~ ~17 304 BUDGKT-CXTY ~LO~EESS CounctX l~v~ng pzeviousXy agre~ ~ b~get study ~d vh~ ~ese ~sitl~s need to ~ ~llled ~e C~ty ~ager wLll ~e~es~ ~e con~r~ce of Co~cll, a ~solution l~tlng, ~til f~er orde~ ~e n~r o~ pe~t classified ~l~eea of ~e city ~ 1662, vas before ~e In ~18 co~ec~l~ ~. H~d ~es~Loned h~ Co~cil*a action freez~g ~e 73 vac~ ~81~l~s ~lll affec~ ~ls ~o~1 n~ ~h~ Cl~ ~age~ ~eplied ~ ~e 73 vacuoles ~e Co~c~l f~ze do no~ ~a~ only 53 vac~cies ~s~ ~d he d~s no~ ~ where ~e b~ ~ended ~o l~i~ ~a Cl~y ~age~ ~o no~ ~e ~ 1655 ~rsons. mo~on ~s seconded by ~. ~s and adopted. motion was l A% Taylor ...... N~ B~ that funds z Fund~ appropriatt¢ M~ BI making apprc total amount ending June (! the City of June 30, 19} sscondsd by ^i GENERAL FUND STATEMENTS OF REV~t~S FOR THE THRE~ YEARS ENDED/UNE 30, 1975 1975 197S 1074 1973 Budfeml Actul Actul Actul Gme~d Fund Remlue~ Re'vmu~ RealF..stxtcTcces S 8.4~*q?m S 8,451.117S 8,a~1.965$ 7.540,139 l'ubSc Service TEes 1.62~,f~0 I,ASOJ84 1 ~q20,186 i ,292'f~4 ~ ~ Ta~s 2~0.a~0 2,497,039 2,272'138 !,976,827 Oth~' 740,~0 736.526 427,399 304,023 Tct,d 13.29~,C00 13~';0,4~ 12'4S5.671 11.406,801 Other t4~al Taxes Sales T~x 1% Local 4,182'tE0 3,932,175 3,787,599 3,.~J6,848 Ufil~ Consume~ Tax 4,275,000 $,094.726 4o~65,351 4.110.432 B~n~ Stm~ Tu I~:0J]00 147~70 141,714 132,157 1~',,-.. snd Occupational ~ 3.6SD.~0 3,8S7,.~!~ 3,$84.~S 3,45S,8~ Motc~ Vch~le Lk-ense 730.~0 715,4.~6 712.852 6~5,977 Oth~ 4.~O.94~. 3~0.221 402'751 Tc~] 13.~42'940 14.3~O.479 13.024.92S 12.544,977 F'mes .,.a Forkiim~ 32S.a10 ~ 301.3T7 Use ~ Mosey and l',,~t~.i~ 954..~0 742,235 1,142'103 1~I,015 $ ak °~ Service C°mmodities and Ptolzr ti~ 1,092,107 897,9S2 773,492 783,66~ Oarges fc~ Public Works Sezvices-- lntcrfand 2.0SZ200 1,~6,.I0~ -- Tot~l ,6,3.~,21~ 5,784~97 4,116.774 3.720,406 Schod Fu~h 6,013,~J1 .~707,679 S,$21.164 L~db~ Anist~cc 8.275J~0 6,877.994 6,1~6,34S 6,~3,363 Slks Tsx D~stn~ut~on 1,771,1(]0 1J~4,774 1/o65,175 1,4o~,9~6 O~er 2~56~32 2~78.478 2,171 '~25 1,819~77 Tct~ 18~7S,963 17~]0.9~ IS~97,411 IS,624,356 Sch~l I~,~ Grtn~ 623,319 7SS,493 638,3~ $7S,951 PabBc L~w 89-10 ~nd Fede~d Sc~o~ projccU 824JM6 7~1~7~30 771,4~ i,102'147 ~ 939~11 977.427 9~2'7S3 6S5,177 Tot41 4,786~76 4,782'13S ~ 4,68~414 4,317,740 Total Gen=~l Fund Reverie $56,7~8,694 ~SS.4M.§23 ~0.177.195 $47~14~80 (J23041) AH OP. DI~CE making appropriations fr~ the Municipal and ending aun~ 30; 197~! and declaring the existence of an emergency. "'' -:' (For full tex~ of Ordinance, see Ordinance Book No. Kr. Llak moved the adoption of the Ordinance. The ~otion vas seconded by Mro Taul~an and adopted by the £ollo~ln9 vote: A~S: Messrs. Garland, Hubard, Llsk, Taul:~an~ Thcenas and Nayor Taylor ........................ ~ ...............6 · NAYS: None ......................... 0. (Mr. Trout absent) There being no further business, the Mayor declared the meeting ad] ourned. APPROVED A~I'EST: GENERAL FUND STATEM~2qTS OF EXPEND~ FOR THE 1'HREE YEARS ENDED JUNE 30~ 197S F. th~' 1975 1975 1974 1973 Budgetal Affld ~ Aetnl 1.~ $ 15.%704 S140~31 $ 127,114 S IG6,1II FJd~,~m~, 113,A80 1~9.492 Itl~ [.aw ~. 1(]6,83~ 104.939 82.313 73.2~ Fm~ ! ~26,526 o21,512 ~1,~2 618,56~ Judith{ 1.748,593 1 M0,227 1.577.790 1,2a%M8 · Board ami Cc~ m~-~,~s 100.749 7~6 71~16 66.678 Ut~fles aud Ol~ratkm 1.236.760 I.!~7.16~ 1,5~J03 1.313.1~8 Sa~y aud Secmity ~.442.163 4.97~703 4.361.~0 3~42~71 C~c F_4~chme~ 1.240.1~0 1.C67.~ 1 ,~2.807 1.17~.~49 H~ma~ Set~ces 10~89.499 8.751.432 7,671.682 7.8.%3.631 Pub~cWor~s 8.229,614 6;012~86 3.375.~58 3~4.737 Tcchnkal ~d ~ dm h.~-trative Planning 1.449,674 1.2S5.241 74.%516 684.0~1 Education 21.769.047 21~75.911 19.188~~t 17,579~11 Transfers to: Capit~ Projects8~6.578 826,578 3.080.730 1.213.082 Civic Center Fmxl 646.70~ ~.~1) 1.180.000 628~ Debt Set, ce 3.0~1.302 3.03~491 2~56.124 3.078~37 Ahlx~ F~ -- -- ~ $19.168 Fringe ~ NondepaffmenU] ~ ~ 4,572.937 4.0~0.2~3 L965.43~ 2.481.847 Total Geaer~l Fund F-~Tendttm~ .62.446.611 $.~778.18a50.240.~C8 4.~896.~0 Total Ge~rdl Fund Encumbr~ces-- 1,576.445 $23.34~ M6.899 ToUl C.e~e~] Fund F. lpendimrc5 mi 3O4 BUDC~ToCIT~ Kl~, LOYKKS= Co~m=~l, hv~g p~ev~oully agFe~ ~ b~ge~ ~d vhen ~ese ~siti~s ne~ to ~ failed ~e City ~geE w~ll ~esb con~Eence of Co~cAl~ a P~solution l~2Ang, ~til f~e~ orde~ of ~e Co.clX, ~e n~r o~ pe~ classified ~loMees of ~e city to 1662, was before Xn ~is co~ech~on, ~. H~ard ~eshAoned h~ Co~clles action f~eez~g ~e 73 yack2 ~s~ti~s will affect ~is to~l n~ of 1662 ~d ~e CAt~ ~ager repll~ ~t ~e 73 vac~cies ~e Co.cAI f~oze do not ~a2 Only 53 vac~cies ~ist ~d he d~s no~ ~ where ~e fl~e oE 73 c~ In orde~ to cla~lf~ ~e ~2ter, ~. H~ard ~ved ~a2 ~e Resolution be ~nded to IMt ~e C~t2 ~ager to not ~e ~ 1655 persons. ~tion was seconded by ~. ~s and adoptS. khe nLmber ol A~ Taylor ....... NA' that funds r. Fund, Roanok, approprlatia motion was s total end/rig June (J the City of i June 30, 197 seconded by! AY Taylor ...... N~ GENERAL FUND STATEMENT~ OF CBANGE~ IN ~ BALANCES FOR THE TWO ~,AB.q ENDED ~o'NE 30, 1 ~/$ IkL,~mlnf Fm~d B~nc~ $L0~,813 Add: T~ of Ezcc~ Aplm:~-la~kms for Ci~c Cent e~ f~ c~,n~,~ F,~d _ T~ ~Z F~ B~ 1974 S2.44~717 206.SS4 206554 ~.763,6S3 50.177.195 ~86.4~8 $2.068,813 Matured l]zte~ut Payible l~e to Oenerol Fund Total Liabllkies Fund of the CItY of ~noke ~or ~e ~scal ~ear ~g~9 ~ul~ 1, 197~, ~d e~d~9 ~ 30~ 19~j and decl~g ~e ~S~nce of ~ ' ' '~' (For full tex[ of Ord~ce, see Ord~ce ~k ~. Llsk ~ed ~ ad~on of ~e Ofd~ance. ~e ~t~on was seconded b7 ~. Ta~ ~d adopted b~ ~e foll~n~ AYES~ Hess~8. G~i~; H~d~ LAs~ ~, ~s and ~oF Ta~lor ......................................... 6. ~YSz None .......................... 0. (~. Trout absent) TheFe ~g no f~er busAness, ~e ~oF declared ~e ad~o~e~. APPROVED DEBT SERVICE FUND BALANCE SleET J'UNE 30, 1975 ~7,641 238 ~7,~9 S4~,000 Elh~lt B-2 STATEMENTOFREVENt,'~ EXI'ENDITURI~ AND ~ BALANCE YEAR I~NDED JUNE 30, 1975 Frown Gcner~ Fend $3,038,491 ~ ~ F~d ~ SI,879.~70 196S A--~-~fl9 Debt 16,750 ! 949 An~e:r~tio~ ~ 4,407 .~MO/L2amy Ftmd Lomu $1.11~,936 ! 965 Annexation Debt 1~75 ~9 ~.~ ~ 1 ~4 A~ F~ 16~ 37 Alrpor~ Fund of the City of:R°anoke for the faecal year beg~mning July end~g ~ 30; 1977~ and decl~g ~e ~s~nce .... ~ (For full ~ex~. of Ord~ce, see Ord~ce ~k No. ~. ~ak ~ ~e a~op~ of ~e Ord~ce. The ~lon vas secondea by ~. Ta~ and a~opte~ ~ ~e foll~g vote~ AY~ ~essr8. Garl~ H~ard~ L~sk~ Ta~ ~s ~d ~yor Ta~lo= ........................................ ~YS~ None ......................... 0. (~. Trout absent) There ~g no f~er bus,ness, ~e ~yor d~clared a~o~ne~. ATTEST: . _ ~J:_t.y clerk APPROVED BALANCE SHEET ~ 20, I~S DEBT SERVICE FUND STATEM~ITOFREVENUE, EXPENDITURES AND FUNDBALANCE YEAR ~IDED EJN~ ~0, 1975 Tr~lsfc~ Fram Gener~d F~cl 5erhl Bonds SI,879,370 School lineal7 Fu~ Loam 16,7:50 196S Annexation Debt 4.407 $ertal Bonds S1,11S,~36 .Seh~l I. tmt~ F~nd Loans 1,675 Bond lsme tnd ~t~,, Expenses 16,393 Total F~ 3.1~8,491 Fm~d Balanc~ June 30,1975 $ -- 37 '~304 - ? BUDGET-CITY ~LOYEES~ Council hav~ng pr;viouol¥ agreed in budget study freeze the 73 vacant city enplo~ea positions with the undere~nding t~at If and when these ~ositions need to be filled the City Han~ger will request the concurrence of ¢ouncllw a Resolution lhnlting, until further order of the CoUncil, the number o£ permanent classified e~loyeee of the city to 1662, was before the body. Tn this connectionw lit. Hubard questioned how Councllte action lA freezing the 73 vacant positions will effect this total number of 1662 and the City Manager replied that the 73 vacancies the Council froze do not exist, that only 53 vacancies exist and he does not know where the figure of 73 came from. In order to clarify the matter, Hr. Hubard moved that the Resolution be amended to l~mit the City Hanager to not more than 1655 persons. The notion Was seconded by Hr. Thomas and adopted. the number o£~ Ezbf~l (Fo~ SEWAGE TREATMENT FU~D JUNE 30, I~S ~ 1~4 AYE~ ~at f~ds r~ ~F~ 1~ appropriationl ~'~ ~ ~ s~3~s ~tion was to~l ~t ~ A~~k 119218 4~6~ ~e end~g J~e 3~ T~Pa~k 5,~ -- ~e City of } ~ S~ ~ I~18 1~9 J~e 30, 1977~ T~ 13~9,~1 4,~ seconde~ by AY~ T~ ~ ~ 3~47 3~ T~~ Taylor ..... ~5~ ~13~ ~YI (J23041~' AH ORDIHAIfCli uab~t.~_7 &v~-.,..,¥~2.a'c:Lon~. ~rea, rrna ~d end~g ~e 30~ ig~l and decl~g ~e ~stence of ~ ' ~:' (FOF full taxi of Ord~ce, see OFd~ ~k ~. Lfsk n~e~ ~ adoption of ~e Ord~ce. ~e ~tion was seconded b~ ~. Tou~ ~d adopted by ~e foll~g v. tel A~Sz Hessrs. Ga~l~d, H~d, Llsk, Ta~, ~8 and ~oF Taylor ....................................... 6. ~YS~ None .......................... 0. (~. Trout ~ere ~g no f~er bus~ness, ~e ~yor declared ~e ~et~g adjo~ed. APPROVED A~ST~ STATEMENT~ OF REVENUES AND EXI'E~SES AND RZT~qED F, ARNINGS FOR THE THRE~ YEARS ENDED ~ 30,1975 1975 1974 1973 Sl.l~0.1~ S!,1~0,713 S1.074.347 ~,6~ 216,~4 1,401,8~1 1.320,633 1~61~28 417,102 411~12 339.421 33~,413 1~.754 9~414 ~0L865 75L848 191.1~ 157.~ ~ ~.~ ~,IM 14.~4 l~ ~491 i~ I1~7 101.~1 31~ ll~ ~14 ~7~) ~,101 ~1.918 3~ 3~.~ 39 BUDGRT-CIT~' ~IPLOYEKSz Counc,tl having previously agreed :tn budget study freeze the 73 vacant city ~plo~ee position8 with the understanding that If and when these positione need to be filled the City Manager will request the concurrence of Council, a Resolution limiting, until £urther order of the Council, the number of permanent classified e~lo~ees of the city to 1662, Yas before the body. In this connection, It=. Hubard questioned ho~ Councllle action in freezing the 73 vacant positions will affect this total ntmber of 1662 and the City Hanager replied that the 73 vacancies the Council froze do not exist, that only 53 vacancies exist and he do~s not kno~ where the figure of 73 came from. In order to clarify the ~atter, H~. guba~d ~oved that the Resolution be amended to lhait the City Manager to not more than 1655 persons. The motion was seconded by Mr. Thomas and adopted. the num,b~r (Foi SEWAGE TREATMENT FUND STATEMENTS OF CHANGES IN FINANCIAL POSITION Mr. ~ot~on was sec A~ ~ ~W~ C~ Tay 1or ....... ~ ~ N~ ~g~y~W~g T~~ ~at f~ds r~ T~Ca~F~ F~d, Ro~oke appropriation. (F°a u~W~gC~ ~. R~ ~ Pa~b~ motion was ~et ~g aFprop to~l ~t~ ending J~e 3~ ~F~~ ~e City of ~ ~ ~ Pa~k seconded by NAYf 1~75 $ (206,7M) 191,102 13,097,1~ 19.°/o6.897 16~11~1 4~1 S 3~16.415 S 4~7.~ ~LTl~ (~) 7~ ~19.~) ~2 !,I~1 ~.~.~D S 3~16,415 F.~db# C-3 1974 157.7~5 211,886 4,440,116 471~9 IIO,OCO 6,313.629 6~12 ~10~75 (f~'3041) AN 0~Z~ ,~l. rport:: ~4 0~ ~e ~L~y o~ ~o~e ~o: ~e ~LsoaZ yea: ~gL~g ' ' ' ~' (~o: Eu~ LK~ o~ 0:4~oe, see O:d~oe ~ ~o. ~. Lisk ~ ~ adop~ of ~e o:d~ce. ~he ~lon vas seceded by ~. Ta~ ~d adopted by ~e foll~g AYESz Hessr8, G~l~d~ H~ard~ Lisk~ Ta~ ~s ~d ~yor Taylor ......................................... 6. ~YS~ None .......................... 0. (~. ~out absent) There ~g no f~er business, ~e ~yor declared ~e meet~g adjo~ed. APPROVED ATTESTz City Clerk WATER FUND BALANCE S~ JUNE 30,197S AND 1974 S 284,(~0 S 769,a~o K3.qs4 113,946 77,973 88,~61 1.%34s 19~25 1,195296 $,088~ 312,400 -- ~ 19~1~ ~5~ 19~1~ BUDgET-CITY ~4~LO~S~SZ CouncL1 ~Av~n9 previously ag~e~ ~ b~ge~ study ~d when ~ese ~8~1~s need ~o ~ filled ~e Cl~y ~age~ w~ll ~esb ~e con~g~ce of Co~cll~ a Resolublon l~g~ ~tll f~eg oFdeg of ~e Co~c11~ ~e n~g of pe~t classified ~Zoyees o~ ~e cl~ to 1662~ vas befoge ~e b~y. In freezing ~e 73 vac~ ~s~l~s will affec~ ~ls ~o~ n~r o~ ~662 and ~e Cl~y ~age~ ~a~ only 53 vac~cies In orde~ ~o clarify ~e ~e~, ~. H~ard ~ved ~a~ ~e Resolu~ion be ~nded ~o no,ion w~s seconded by ~. ~s ~d adop~ed. the numbeF of F~hib, l~2 (Foz WATER FUND 1'4.~ ~ STATEMENTS OF ~ ~ ~O~On ~as Bet ~R ~ ~ ~ ~ ~ ~ 1~ AY~ l~S 1~4 ~y~ C~ ~ 49~15 87,~7 74~19 B~ ~ ~ 17~7 ~ F~d, Ro~oke approprlat~on. ~ ~ 419,711 6~ 6~t · ~ ~ 1~.410 ~11 4~ (Fro T~ ~ ~ ~ ~ 1~121 !~ I ~iO~ was set ~g~c ~!,~4 ~1~ ~g R~ 7~ 7~ endln9 a~e ~( T~d~ ~ 1.I~.191 1~ (il! ~N~g~ ~e C~ty o~ ~ N~e 7~ ~ 1.114,741 ~ ~ ~ ~g ~Y~ 19~1~ 1.114.741 A~ · a~lo~ ....... (123041) ~q OI~DzN~c~ ~ng &pprop~Lationa rrm ~ ~ of ~e City o~ ~oke low ~e.fLscal yea~ ~gi~ing ~uly 1~ 1976, : ': (For full tex~ of O~/n~ce, see Ordi~ce ~k No. ~. Limk ~e~ ~e a~opt~on of ~e Ord~ce, ~e ~tlon vas seconded b~ ~. Ta~ ~d adopted ~ ~e foll~g vote~ AY~ Hess~s. G~rl~d, H~d, L~sk~ Ta~ Taylor ......................................... 6 ~YSz None ......................... 0. ~ere ~g no f~er bus~ness, ~e ~or declared ~e meet~ adjo~ed. APPROVED A~ST~ WATE~ FUND gl'AI~MENI~ OF CK~NGES IN FINANCIAL FOSITION FOR TH~ 1~O ~ ENDED ~ ~0~ 1975 (Inc~ase) Dec~ue tn Cu~ent ~ W~u'rs~ · ,~ A~ud~ pa~b1~ am~ Ac~rue~ ~ U~ Tu Due Gm~.al F~ D~:~.ase ~u Wo~ng C..splt~ 1975 $ 7~2.344 998.232 671.111 IJ~29,111 s 0o~) 1~,7~ ~0) ~81.924. ~7~61~ 1974 S 9S~84 1J~6S2 673,322 7~6,~O 1.429.3~ 7~ (~oo) 17.777 (Sl.4~) s~0o~) BUDGET-CTT~ I~4PLOYI~St ~ounc~l hav~.ng prevLouely agre~ In b~get study ~d when ~ese ~slt~8 need to ~ ~11~ ~e C~ty ~age~ w~ll E~esh ~e n~er of pe~t classified ~l~ee8 of ~e c~tF to 1662, Wes ~e b~y. In ~s co~ect~on, ~. ~ard ~estloned h~ Co~c~l's ec~on ~ - freez~g ~e 73 vac~t ~s[t[~s vlll affect ~i8 to~l n~r of 1662 ~d ~e City ~ager replied ~t ~e 73 vnc~cles ~e Co~cil fFoze do no2 ~at only 53 vac~cies ~is2 ~d he d~s nok ~ vhe~e ~e fl~e oE 73 c~ In order to clarify ~e ~tter, ~. H~ard ~ved ~at ~e Resolution be ~nded to 1~ ~e CLty ~ager to no2 ~re ~ 1655 persons. ~e mo2ion Vas seconded by ~. ~s ~d adopted. the nu~d~er (Fo] Taylor ....... NAYI that Eunds Fund, Roanoke appropriation. Mr. motton was se( making approp2 total amotmt end~ng June 3[ the City of Jtme 30, 19771 (Fo* Mr, seconded by AY~ Taylor ....--- CIFlC C'~lm I~JI~D B~ANCE 1975 AND 1974 F-~ldbU E-I A]se~s 197S 1974 CL~(O~aag~ Fund) S 39.~ S ~93 ~ R~ 10~ -- ~ ~ 16,1~ T~ ~t ~ ~ 93~16 ~ S~ ~ ~ 14,~ 14.~1,7~ N~ F~ ~ 1~1~.7~ 1~.416,173 ~t ~ ~ ~ Pa~k S ~ S W~ ~ 49.110 47~ U~ ~e 10~7 17.7~ T~ C~ ~ 59~ ~.1~ T~ ~ ~ S.~l~ ~ C~ 1 ~914.~ 9.747.7~ ~ ~ ~1~ O .~.~) (J23041) AH ORDL~HC~ ruskin9 appEopr~ations -~ (FOF full ~ or O~d~ce~ see OF~ seconded by ~, To-~ ~d ~dop~d by ~e roll.lng ~e~ AYES~ MessEs. Garl~d~ H~d~ Llsk~ Ta~, ~s ~d ~yor Taylor 6 ......................................... . ~YS~ None .......................... 0. (~. Trout absent) There ~g no [~er bus,ness, ~e ~yor declared ~e ~et~g ad]o~ed. APPROVED A~ST~ CIVIC CENTER FUND STATE:M~NTS OF REVENUES AND EXPENSES AND ACCUMIff,ATE3) DEFICIT FOR THE ~ YEARS ENDED JUNE 30~ lgTS Exb~lt E-2 1975 1974 1973 Ol~'~l Rc~nu~ Saks S 1~5.407 S 1,1~1~ SI~21 ~ ~m~ ~.191 41,917 ~.IM 4~ ~t~ T~ ~g R~ I ~17~ 1 ~ I · ~.1~) (~71~ (~7~14) A~ ~--~ of Y~ ~1~ ~I ,~.~ S (~14) '1 BUDGET-CITY KMPLOYSKSS Council hav~ng previously agreed ~n budget study £reeze the 73 vacant city employee positions vith the understanding that if and vhen these positions need to be filled the City Manager vii1 request the concurrence of Council, a l~solution l~n~t~ng, until further order o£ the Council, the number o£ permanent classified employees of the city to 1652, vas before the body. In this connection, Hr. Hubard questioned how Councllie action in freezing the 73 vacant positions will affect th~s total number of 1662 and the City Manager replied that the 73 vacancies the Council froze do not exist, that only 53 vacancies exist and he does not know where the figure o£ 73 came from. In order to clarify the matter, Hr. Hubard ~oved that the Resolution be amended to limit the City Manager to not more than 1655 persons. The motion was seconded by Mr. Thomas and adop.ted. the nmnber of I~otion was AY~ Taylor ...... BU~ that f~ds r~ F~, Ro~oke appropriation ~t~on was se~ ~g appr~: en~g J~e the City of J~e 30, (FO: secon~e~ by Taylor ..... CIVIC CENI*ER I~JA'D SI'A~ OF CH.~qGES 1N FINANCIAL I~OSITION FOR THE '1~O Y'EAI~S ENDED JUNE ~01 197~ S~s of W~-k~ng Capital: Gene~l Fund ContrRratio~ 1975 6.167~033 894,183 21~82 6,0~76S S 81,168 S 07,897) 10,0~4 7,.52O S 81 ,~J8 F.~lt E-3 1~4 SI,IM,GCO 1.489J30 946.712 618.476 6.212 S 43,5";7 S 8,489 43,0~3 S 43,~7 (J23041) AN OROZHANCE nsakLug &ppEopE~at£on8 ~r~ F~ of ~e C1~ o~ ~oke for ~e-f/scsi yea~ ~gL~Lng ~ul~ 1, 1976, ~d ~nd~g ~e 30, 1977~ and decl~g ~ ~is~nce (For full text of Ord~ce, see Ord~nco ~. L~8~ ~ve~ ~ a~op~ of ~e Ord~ce. ~e ~tlon vas seconded by ~. T~ ~d adopted ~ ~e foll~g A~Ss Messrs. Garl~d~ H~ard~ L~sk~ Ta~ ~s ~d ~yor Taylor 6 ~YSz None .......................... 0. There ~g no f~er business, ~e ~yor ad~o~ed. ATTESTg APPROVED AmPORT FUND BALANCE ~ /UNE 3O, !~$ AND 1974 S 54,341 118.4~ 672.M'; 9~69.027 (3.517.0~) ~151.~9 S ~ 110.~ 1,1~1~ 7~ ~4.7~ Exhibit F-I BUD~T-CI~ ~4PLOYEF~t COUncil h~v~ng previously agre~ ~b~get ~ ~h~ ~ese ~s~t~ons need 2o ~ filled ~a C~t~ger rill c~rence of Co~cLl, a Resolution l~t~ng, ~t~l f~e~ o~der of ~e Co~c~l, ~e n~ o~ pe~t classified ~lo~ees of ~e cit~ ko 1662, ~as before freez~9 ~e ~3 vac~k ~sltl~s ~111 af[eck ~ls to~l n~ o~ ~662 ~d ~e C~ky ~ager repli~ ~h ~e ~3 vac~cles ~e Co~cll f~oze do no2 ~at onl~ 53 vac~cies ~Is2 ~d he d~s nok~e ~e In order to clarlf~ ~e ~tter, ~. H~a~d ~ved ~at ~e Resolution be ~ended to l~lt ~e C[t~ ~ager to no~re ~ 1655 persons. The mo~ion ~as seconded b~ ~. ~s ~nd the number of ~Fo AYE appro~r~ation ending J~ 3 ~e City of R J~e 30~ 19~7 (Fo seconded by~ M A~ Taylor------ ~Y AIR_I'ORT FUND STATEM]~:h'TS OF ~ AND K~*E~SF-~ ~ RETAINED EARNINGS FOR THE THREE YEARS ENDED JUNE 3G, 1975 1~7S F~d B~e Operatiom Hangar To~i] Ope~g Revenue ~g~eB~ T~e~ R~ ~--~Y~ S~10,267 1~5.9~1 94,8~ 73.647 !10~ 217.~4 319.~ ~4.718) (1~) S~,4~ 1974 183,691 29.2~3 9,1~2 77422O 194,S14 191,378 $91,136 71.~06 118,213 73.~18 2~.120 Exl~ 1973 S187.026 %843 .392.977 8~842 46.87O 7.8~ 140.S60 641C0 188.217 188~i7 19,283 168,934 '(~or ~ul~ ~ o~ Ord~ce~ aee Ore--Ce ~k ~. L~sk ~ed ~ a~ o~ ~e O~d~ce, Tho ~t~on was seconded ~y ~. Tau~ ~d adopted ~ ~e ~oll~g vo~z AYES~ Nessrs, G~l~d~ H~d~ Lisk~ Ta~ ~s ~d ~yor Taylor ....................................... ~YSt None ......................... 0. (~. Trout abs~t) There ~g no f~er business, ~e ~yor declared ~e ~et~g ad] o~ed. APPROVED A~ST~ _ Cl~y cle~~ ........... for AIRPORT FUND STA~'EM]~fS OF CHANGES 1N FINANCIAL POSITION FOR TI~ TWO YEARS ENDED ~ 30,1975 Ne~ lnc,:,~ne O. es~ Add: ~ Not Requlrlug tu Outlay of W'orJdng C,4,~tt -- Ue~a,J~ou Sale of Bonds Uses of Working Capital: Addiflom to Structm~ Equipment ~xl Othe~ As~ ~le0 Retm'n of Unerpended Gran* F,mds Debt Inc~ase ~ecx-.J.~ in Cun~t A~ets: CJsh (Change F~d Aecom~ Rece~bte Wzrrau~ ~nd 197q 319.4~4 1974 S 73218 311.578 49 BUDG~'r-cI'r~ ]~t~LO"Z'~S~ Connc'tl lmv.tng p~evXous~¥ agreed ~n budget study £rease the 73 vaean~-'. city employee positions wi'ch the understan~ling 'chat an~ when these positions need to be £111ed the City Manager will ~equaat the concurrence o£ Counell~ a RasoJ. ution lf.uit~ng~ until fun'cheF orde~ of e~e Counoll~ the number of permanent classified employees of the city to 1662, was before In this connection, Hr. Hubard questioned how Conncll*e action freezing the 73 vacant positions rill affech this total number of 1662 and the City Haneqer replied that the 73 vacancY, es the Counoll froze do not exist, that only 53 vacancies exist and he does not know where the figure o£ 73 came from. In order to clarify the matter~ Hr. Hubard moved that the Resolution be amended to limit the City Manager to no.t more than 1655 persons. The motion was seconded by Hr. Thomas and adopted. (J2 (Fo motion was se AYE Taylor ....... NAY BUD that funds re Fend, Roanoke appropriation motlon was se making apprep total amount ending June ] the City of ~ J~ne 30, 197] seconded bl~ AY~ Taylor ..... NA~ STATEMENT OF GE~.6~L LONG-TERM DEBT /UNE 30, 1~7S Amount to t~ Pn~4dcd for the Pa;m~t cf G~n~Jl lxm~-T~--m ~ to~ ~ F~R~ue ~ ~T~ ~ Pa~b~ ~ ~ Pa~ ~of~ofR~k~ 1~9~ ~.14~ $32.383,470 ~d end~g ~e 30~ ~97~t and ~ecl~g ~e ~s~ce o~ ~ ' ' ~ (For full tex[ of OFd~ce, see Ord~~ ~k ~o, ~. ~ok ~ed ~ ad~on of ~e OE~ce. The ~tion vas eeconded by ~. Ta~ ~d ad~t~ by ~e foll~g voho~ A~ Nessrs. G~l~d~ H~ard, ~lsk, Ta~ ~s Taylo~ 6 ~St ~one .........................0. (~. T~out ~ere ~g no f~er bus,ness, ~e ~yor declared ~e adjo~ed. ATTEST: APPROVED ~reeze ~e 73 vac~ city ~l~ee ~8Xtinns vl~ ~e ~era~d~g ~ if ~d vh~ ~ese ~si~i~s nee~ ~o ~ filled ~ city ~eger v~ll r~es~ ~e con~r~ce o~ Co~cll, a ~solu~ion l~t~g, ~til f~e~ order of ~e Co~cil, ~e n~r of pe~ clessified ~loyees of ~e city ~ 1662~ vas before ~e b~. In ~18 co~ectl~, ~. H~ard ~estt°ned h~ Co~cll*s action ~ freez~g ~e 73 vac~t ~s~t~on8 will affec2 ~ls to~l n~r oE 1662 ~d ~e Clt~ ~a~e~ ~epli~ ~ ~e 73 vac~c~es ~e Co~cll f~ze do no2 ~at ~1~ 53 vac~c~e8 ~s2 ~d he d~s no2 ~ where ~e f[~e of 73 c~ In orde~ to clartf~ ~e ~tteF, ~. H~d ~ved ~at ~e Resolukinn be ~nded to 1Mt ~e C/ty ~ager to n~t ~re ~ 1655 ~rsons. The motion was seconded by ~. ~s ~ adopted. the number of motion was sc AY~ Taylor ....... BU~ that funds r( Fund, Roanok~ appropriatio~ i (~( Nr. motion was si B~ making ap~ro] total amount ending June the City of i June 30, 197 (F Mr seconded by AY Taylor (J23041) AN OI~7.NANC~ m~rA. ng &Pprop:L&t:lona £rc~ ~e H~LcLpal Ai~r~ F~ o~ ~e Cl~y of ~e fo: ~e ~/scaZ year ~g~g ~uly 1, 1976, ~ e~g ~e 30', i9~/ and decl~g ~e ~s~nce of ~ ~gg~. ' ' *' (For full tex~ of Ord~ce, see Ord~ce ~k No. ~. LLSk ~ed ~ ad~on of ~e O~d~ce. ~e ~tLon vas seceded b~ ~. Ta~ ~d adop~d by ~e roll,Lng ~tet A~S: Hessrs. Ga~l~d~ H~d, LLBk~ Ta~ ~e and ~ Ta~lor ........................................~ · ~YS~ None .......................... 0. (~. ~out abs~t) ~e~e ~g no f~er business, ~e ~or declared ~e meet~g adjo~ed. APPROVED ATTEST: C~ty Clerk _ U.yor PROPOSAL FOR BONDS June 23.1976 · we ofl'c~ to pay pat (S22,315~00) plus a ptcmlmn of ~ Ddlatl {$ ) and accrued tntg~st from the date of the Bonds to the date of the/r del/very. BUllET-CITY ~IPLOYSES: Council havLng pre¥1ously agreed In budget study freeze the 73 vacant city e~loyee positions with the undezstand~ng that; if and when these posit;ions need to be filled the city Hanager vlll zequest; the concurrence of Councllt a Resolut;len limlting~ ent;ll further order of the the nmnber of permanent classified en~lo~ees of the cit;y to 1662~ vas before the body. In this coenection~ H~'. Hubard questioned ho~ Councllts act;ton in · freezing the 73 vacant positions viii affect th~8 total number of 1662 and the City Hanager replied that; the 73 vacancies the Council froze do not exist;, that only 53 vacancies exist and he does not kno~ where the figure of 73 came In order to clarify the matter,.Hr. Hubard moved that the Resolution be amended to 1/mit the City Manager to not more than 1655 persons. The motion was seconded by Mr. Thc~as and adopted. the number of Hr. motion was AYI Taylor ....... NA? B~ that funds r, Fund, Roanok appropriatio Mr motion was s making apPrc total amount ending June the City Jun~ 30, l~r seconded by A' R We ,~4~' he~wltb ss a ~od fahh depcsR a c~n~iff~d cc ,mskk~s check foe S446..~0 payabk to the C~ o( Roano~ V'u~n~a- S~ch chc~k h to be tem.-ncd to us if thh .'k,~l h net i~,r.~L ~ ~ ~ ~ ~ ~ SU~ ~ Ca'~ we fall to fa.kc ep and pay f~c the Bonds. It h agreed that no lnte~c~ w~l be pakl~ ~ ~ ~ ~ ~ ~ ~ Name of Bkld~n Each bkkl~ h requested to supply the fcflow~zg cakulations, as infot~nt~n only and not as a pa~ of ~ f~g A~ amoum ~iul~'ut ~u a{~ l{onds S ~ Amo~m ~f~ b~ S Net h~tetest cost s (J23041) AH O]~ZHAHCB making &PPropriaf;lons from the HunlcLpal A~port 'Fund of the Ci~y of Roanoke for the fiscal year beginning July l~ 1976, and ending June 30~ 19'/L/I and declaring the e~Lstence of an emergency. (For full tex~ of Ordinance, see Ordinance Book No. H~. Lisk ~oved the adoption of the Ordinance. The motion vas seconded by ~r. Tauhnan and adopted by the following vote~ AYESI Messrs. Garland~ Hubardw Llskw Taul~ane Thcnas and Ha¥or Taylor ........................................ NAYSI None ......................... 0. (Mr. T~out absent) There being no further business~ the Ha¥or declared the meeting adJourned. APPROVED ATTESTI ' City Clerk ~ PAGE ~ BLANK INTENTIONALLy '1 BUllET-CITY EMPLOYEESs Council having previously agreed in budget study £reeze the 73 vacant city employee position8 with the understanding that If and when these positions need to be filled the City Manager will request the concurrence o£ Council, a Resolution limit~ng, until further order oE the Council, the number of permanent classified employees of the city to 1662, was before the body. In this connection, Hr. HUbard questioned how Council's action ~n - freezing the 73 vacant positions will affect this total number of 1662 and the City Manager replied that the ?3 vacancies the Council froze do not e~et, that only 53 vacancies exist and he does not know where the figure of ?3 came from. In order to clarify the matter,.Mr. Hubard moved that the Resolution be amended to limit the City Manager to not more than 1655 persons. The motion was seco~n, ded by ~r. ?hc~as and adopted. the number Of Hr. laotion was s~ Taylor ...... BU that funds r Fund, Roanok appropriatl¢ 'Mx ~otion was ~ . BI making apvr¢ total amoUn~ ending Jklne the City of June 30, 19 M seconded~ by Taylor---- THIS PAGE LEFF BLANK IIFI~ONALLy (J23041) AH ORDTt~iC~ ma)~.ng aPl:':op:&at£ona ~ ~e ~:~'~d o~ ~e C1~ o~ ~oke ~o~ ~e ~scal year ~g~g ~uly 1, 197~, ' ' [For full ~ex~ o~ Ord~ce, see O~d~ ~k Ho. ~. L~O~ ~ed ~ ad~ o~ ~e Ord~ce. ~e ~on was sec~d~ by ~. Tal]~n~ ~d adopted by ~e foll~lng vote: A~: Messrs. G~i~, H~arQ~ Lisk~ Ta~a~ ~s ~d Ta~lor ......................................... 6. ~YS~ Non~ ......................... 0. (~. ~QU~ absent) ~ere ~g no f~er busLnes~, ~e ~yor ~clare~ ~e adJ o~ed. APPROVED 3O8 Hr. Jack ~. Winders~ President~ Do~ltown Roanoke, Incorporated, advised ~t as a ~c~ he ~s evening he ~s ~vested ~n ~d ~ts It to be successful ~d r~uested ~t Co~cil p~sue the f~ding fo= ~is idea. ~. Nllll~ Ha~kins, repres~ting the Colonial-~lc~ National B~k~ s~ke in favor of the ~11 and ~ged Co~cil to approve f~ding for ~e prolect. ~. ~chard F. Pence advised ~t he was appearing ~fore Co~cil as a citizen ~d not In his capacity as ~ atto~ey, ~d s~ted ~at he is ve~ much In favor o~ a pedestrt~ ~11 in ~e d~t~ area. The roll.lng ~ersons appeared before Cocci1 In op~sition to ~11 COnCept ~ ~. Jo~ W. Bo~ell, representing ~swell Realty C~any~ s~ke in reference to ~e ~t of t~es involved to ~e property o~er~ whereu~n~ ~. Hill stated ~at the fo~ula being discussed would call for an additional five per cent per year to w~tever ~e real estate tax rate est~ted the ~11 will cost approx~tely four ~llion dollars wi~ the l~al share being $600,000.00 and an akt~pt would be ~de to spread ~e cost out for eye.one over a peri~ of six years. ~. Hill also noted that eve~ property o~er and t~n~t in ~y area ~cluded in ~e pedestri~ ~roy~t progr~ has been info.ed of what is t~ing place, of the fo~ula in mind, of the total ~o~t of fin~clng and they have ~en requested to respond. ~. Bo~ell ~de ~e following points: ~at ~is concept will disrupt aut~obile ~affic In ~e do~t~ area and will prevent s~e people from shopping in d~t~ if ~ey cannot bring ~eir cars into areas ~ that his ~pression is ~e principal objective of pro~sal Is to get a pedes~i~ wa~ay across ~e Norfo~ ~d Weste~ ~acks at Jefferson Street, that ~e probl~ wi~ d~t~ Roanoke is econ~c and what the business people ~d merchants need is more ~ney spent in d~t~, ~d econ~c probl~ cabot be ch~ged by a~ply~g artistic solutio~s In concluding, ~. Bowel1 requested ~at Co~cil vote do~ ~e pro~sal and if it c~ot do ~at, he suggested, relatlve to ~e local part of financing, ~at it not be levied on ~e property o~er but on ~e merch~t. ~. L. G. ~zarus~ representing ~zarus, lnco~orated, advised ~at he is in favor of applying for ~e money, but he is opposed to ~e money berg used to ~e a ~11 out of Jefferson Street and ~ged ~at Cocci1 sc~tinlze ~e sp~ing of ~is ~ney ve~ carefully. ~. ~chard B. Pleas~ts stated ~at ~e f~ding should not be on ~e property ~er but on ~ merch~t. ~. Jo~ C. Clarke, repres~ting ~e Auto. bile Cl~ of Virginia, read a prepared s~t~nt in opposition to ~e ~11 concept. (For full text~ see stat~ent as filed in ~e City Clerk's Office.) ~. Willi~ Agee, 192~ Hope Road, S. W., stated ~at he is opposed to s~sidlzlng private interest in d~to~ wi~ his t~ dollar. Hr. Taubman suggested that representatives of Downtown Roanoke~ Incorporated, conduct a written poll of ali the merchants in the downtown Roanoke area to ascertain if they are in favor of such a mall~ to ask the opinion of the property owner and when his opinion iH asked~ to advise him of the appropriate amount of projected taxes. Hr. Taubman then moved that the City Hanager be Instructed to inquire of the State Highway Commission as to what the impact would be on arterial con- etruction and melntenance funds of the City of Roanoke if a pedestrian mall is approved by the Commission for its portion of the funding, what the priorities Of the State Highway Commission are with respect to fending in cities such as Roanoke; end also, to advise as to what effect this concept would have on the signalization plan for Jefferson Street. The laotion was seconded byHr, Thomas mid adopted. PETITIONS AND COMMUNICATIONS: SCHOOLS-STREETS AND ALLE¥S: A communication from the Roanoke City School Board transmitting two Resolutions for the approval of Council in connection with future construction of the Patrick Henry High School site, one dedicating the southwest portion of Shrine Hill adjacent to the existing baseball field for school purposes, and the other closing a por~ton of the access drive extending from Blenheim'Road to the intersection of another access drive immediately in front of Ralelgh Court Elementary School, was before Coencll. (For full text, see communication and Resolutions as filed in the City Clerk's Office.) Hr, C. Lewis Pitzer, Jr., appeared before CotUlcil and stated that time is of the essence and urged that if it is not the wisdom of Coencil to approve the request at this time, that it be referred to the proper parties for action ss expeditiously as possible. After a discussion of them atter, Mr. Lisk moved that the requeste be referred to the City Manager and the City Plarh~ing Commission for study, report and recommendation to Coencll as expeditiously as possible. The motion was eeconded by Hr. Hubard and adopted. BUDGET-JAIL: A communication from Mr. Paul 3. Puckett, Sheriff, requesting that $3,000.00 be transferred from Extra Help to Supplles and Materials u~der Section %i26, 'Jail,' of the 1975-76 budget, to provide funds to purchase food for the jail for the last two weeks of thie fiscal year, was before Coencil. (For full text, see com~k~lication as filed in the city clerk*s Office.) Hr. Thomas offered the followlng emergency Ordinance appropriating the requested fends: (%23042) AN Oi~DINANCE to amend a~d reordain Section %126, 'Jail,= of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see ordinance Book NO. 3'09 310 Hr. Thomas moved the &dopt~on of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the followinq vote~ AYES~ Messrs. Nubard, Llak, Taubman, Thomas, Trout and V~ce-Mayor Garland ............................... NAYS z None ................. 0. (~ayor Taylor absent) LIB~RIES~ A co~nunlc&tion from Hrs. Elizabeth T. ~owles tendering her resignation as a ~er of the Roanoke P~blle Library Boardt was before Council. (For full text, see communicat~on as filed in the City Clerk's Office.) Hr. Llsk ~oved that the resignation be received and filed. The motion was seconded by Hr. Taubman and adopted. CITY PROPERTY-LIBRARIES: Hr. Nelson D. Reed, Preside~t, The Telemon Society, appeared before Council and read a prepared statement requesting that the city lease the Melrose Branch Library Building (upon vacancy) to The Telemon Society for $1.00 per year and assume coat of utilities and maintenance, said building to be used as a center for co=unity relations, the Society to have an option to purchase said property at a later date. (For full text, see communication as filed in the City Clerk's Office.) Hr. Thomas moved that the request be referred to the City Manager and the Real Estate Committee for study, report and recon~nendatlon to Council. The motion was seconded by Hr. Trout and adopted. At this paint, Mr. Trcut left the meeting. REPORTS OF OFFICE~ BUDGET-SE~ERS AND STOI~ DRAINS-INSURANCE: The City ~anagsr submitted a written report recc~mending that $3,837.10 be transferred from Suppl~ee and Materials to Insurance under Section %90~ 'Sewage Treatment Fund,' of the 1975- 76 budget, to provide funds for payment of insurance premiums. (For full text, see report as filed in the City Clerk's Off£ce.) Hr. Th~nas offered the following emergency Ordinance transferring the requested funds: (%23043) AR ORDINANCE to amend and reordain Section %90, 'Sewage Treatment Fund,' of the 1975-76 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thc~naa moved the adoption of the Ordinance. The motiou was seconded by Hr. Taubman and adopted by the following vote: AYES= Messrs. Hubard, Lisk, Taubman, Thomas and Vice-Mayor Garland ......................................... NAYS: None ............................ 0. (Hr. Trout left the meeting) (Hayer Taylor absent] BUDGET-PLANNING-Gtt~NTS= The City Manager submitted a written report advising of a delay in processing the city's application for assistance under the ?01 Planning Assistance Grant, and requesting an interim appropriation of ~45,000.00 In FY 1976-77 on a 100% reimbursement basis to the ?01 gra~t account, to provide sufficient funds as of July 1, 1976, to per, alt retention of those persons who have been and will be funded fr~n this federal program. (For full text, see report as filed In the City Clerk's Office.) Hr. Th~nas offered the following emergency Ordinance appropriating the requested funds~ {[23044) AN OI~DINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing fo~ an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded By Mr. Taubman and adopted by the following vote~ AYES~ Messrs. Hubardt Lisk, TauBman, Thomas and Vlce-~ayor Garland ................................ 5. NAYSz None ..................0. (Hr. Trout left the meeting) (Mayor Taylor absent) BUDGET-GRANTS-~EVENUE SHARING= The CltyManager submitted a written report in connection w£th the CETA grant for Su~ner ~75, advising that the Department of Labor has recently released the unspent funds from the Summer t?5 program to be used for the S~er '?6 program as per an attached letter, reco~n~ending that $38,?70.56 be transferred fro~Grant Acco~ult 983 to Grant Acco%mt 996 to start up the Summer FY t?6 program. (For full text, see report as filed in the City Clerk's office.) Hr. ~ubard offered the following emergency Ordinance transferring the requested funds~ (%23045} AN O~DINA_NCE to amend and reordain the City of Roannke~s 1975-76 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. TsubmaD and adopted by the followlng vote: AYES: Messrs. Hubard, Lisk, Tauhman, Thomas and Vice-Mayor Garland .......................................... 5. NAYS: None ............................0. (Hr. Trout left the meeting) {Mayor Taylor absent} BUDGET-SEWEI~S AND STO~ DRAINS: The City Manager s~lbmitted a written report reconnnending authorization to execute immedlately, then seek state and federal approval, Change Order No. 9 to the contract with J. W. Bateson Co~eny, Incorporated, for expansion of the Secondary Treatment Facili- ties and constr~ctioa of a 3S MOD Tertiary Treatment Plant at the Sewage Treat- ment Plant, to provide additional work items not included in the contract, and that Council appropriate $25,79?.58, which includes $1,799.83 for engineer- ing fees, ?5% to be refunded from the federal grant, 10% from the state grant, and 15%, $3,869.64, to be local f~nds. (For full text, see report as filed in the City Clerk's Office.) 312 ~ro Thomas offered the £ollo~ng e~ergenc~ Ordinance $25,797.58 to Pl~t ~s~ ~der Section ~550, '~pi~l ~tlay F~ ~nd ~ds;' of ~e 1975-76 budge~t (~23046) ~ O~I~CS to ~nd ~d reoFdaln Sechlon ~550, Ou21a~ FEcUnd F~ds~' of ~e 1975-76 Sewaqe ~ea~nL F~dApprop~iation Ordln~ce, ~d providing ~or an (For ~ul~ texL of Ord~n~ce, see O~dln~ce ~h ~o. H~. ~s mov~ ~e adoption of ~e O~d~ce. The~tion was seconded b~. Ta-~-~ and adopted b~ the foll~ vote: AY~ Messrs. H~ard, L~sk~ Ta-~-n~ ~s ~d V~ce-~yor Garland .................................. 5. ~YS~ None .....................0. (~. Trout left (~yor Taylor absent) ~. Th~s offurud ~e foll~ng ~ergency Ordinance approving ~ssu~ce of ~e ch~g~ order~ (%23047) ~ O~I~CE approving ~e C~ty~nager~s ~ssu~ce ch~ge Order No. 9, as h~re~n set for~ ~n full, to ~e C~yts contract w~ J. W. Bateson C~pany~ Inc., for the cons~ct~on of a 35 ~ll~on gallo~ tert~a~ trea~t pl~t addition at ~e City's Sewag~ Trea~ent Pl~t~ providing ~at notification of th~ ~ssu~ce of sa~d ch~g~ order be g~ven to ~e Virginia State Water Con~ol ~oard ~d ~e ~viro~n~l Protection Agency, ~d ~at s~sequent fo~l approval of ~a~d ch~ge order be sought from ~e V~rg~a State Water Con~rol Boar~ ~ ~e ~viro~enta~ Protection Agency, al~ as ~e and prov~ded by ru~es, regulations ~d guidelines of said agencles~ an~ providing for ~ ~ergen~ (For full t~t of Ordinance, se~ Or,in,ce Book No. ~. Th~s moved the adoption of ~e Ord~ce. The motion was seconded bye. Ta~ ~d adopted by ~e foll~tng vote= AYES= Messrs. H~ard, Lisk~ Tatt~ Tho~s, ~d V~ce-Mayor Garl~d ................................... NAYS= Non~ .....................0. (~. Trout left~e meeting) (Mayor Taylor absent) CI~ ~= CO~c~ having previously referred to the City M~ager for report a c~cat~on fr~. Edward R. ~cker, four Tec~ic~, conce~ing ~e ~tter of alleged violation o~ past city seniority policy s~ro~d~ng ~e re,nation of ~s posit~on on J~e 18, 1976~ ~e City H~ager s~itte~ a writt~ re~rt quoting paragraph 8.04 of ~e C~ty Perso~el Rules ent~tle~ Layoffs, a~vising ~at at ~e t~e of ~e la~offs, two Plying Tec~c~ positions exist~d~ ~at ~e ~tter o~ which of ~ese two spaces should be el~nated was discusse~, ~ as ~e s~eng~ of Plying De,argot was being precept~ve~y reduced, ~t was ~ort~t ~t ~e best qua~f~e~ and hardest working ~ndivid~l ~ re~e~ to provide a~dit~onal s~g~ of the depar~nt, ~at e~ucat~on, ~le~ge ~d a~plica- tion of one's efforts were ~e ~ee dete~n~ng factors considered and dec~ion was ~de accordingly. (For full text, sen report as filed in the City Clerk's Office.) Hr. Tucker appeared before Council ~nd read aprepared statement relative to his termination~ contending that hie experience was equal to a college degree, that he felt he was discharged because he had been questioned by the Huninlpal Auditor concerning work he did for former Hanager o~ Parka and Recreation John Hewson, and because he testified on Hr. Newson~s behalf at hie Personnel Board hearing and in eu~na~y, requested that the grievance procedure be a~ended to allow him the right to appeal his layoff to the Personnel Board. The Mayor requested Hr. Tucker to file a copy of his statement with the City Clerk for the records of Council. Hr. Thomas moved that the report of the City Manager be received and filed. The motion was seconded by Hr. Huberd and adopted, }ir. Lisk voting no. STATE HIGHWAYS: The City Manager submitted a written report advis- ing of a proposed plan for widening a segment of Colonial Avenue~ S. W., from the existing 23rd Street and Colonial Avenue intersection at the south corner of the Towers Shopping Center parking lot, to just east of the Broadway and Colchis! Avenue intersection, necessitated by construction of the Southwest Expressway from Franklin Road to Broadway includ£ng a new Brandon Road Bridge over the Expressway and a new ~3rd Street from Franklin Road to Colonial Avenue. (For ful! text, see report as filed in the City Clerk~s Office.) }ir. R. R. Quick, representing owners and merchants of Towers shopping Center, appeared before Council a~d advised that the merchants of Towers are concerned about the timing of the closing of Brandon Avenue and the opening of 2~rd Street, that Brandon Avenue should not be closed and the bridge not be constr~uted except simultaneously sometime next year, that the Towers merchants are not in opposition to the widening of Colonial Avenue but to the timing of the Southwest Expressway construction which is going to hurt business for Towers Shopping Center in that it is going to create a severe traffic problem which will almost stagnate the shopping center, thus a considerable ~mount of revenue will be lost to the city, and it would be preferred that the closing be fro~ January i to July i rather than the last half of the year. After a discussion relative to ways to alleviate the situation, }tr. Thomas moved that the ~atter be referred to the City Manager and the City Attorney for preparation of the pro~r~asure to be presented to Council at its next regular meeting on Tuesday, July 6, 1976, to support an amenclment to the project which would have the least unfavorable effect on Towers Shopping Center. The motion was seconded by Mr. Tat~na~ end adopted. SALE OF PROPERTY-SCHOOLS-SALVATION AIr,Y: The City Manager subnt~tted a written report advising of a misunderstanding with respect to the transfer of the BeLmont School site to the Salvation Army and requesting clarification thereof so the Salvation Army mlght have clear tltle to the property. (For full text, see report as filed in the City Clerk's Office.) The City~anager verbally requested that the report be withdrawn in that the City Attorney is of the opinion that the m~tter can be worked out internally. 3:1.3 3,14 Hr. Llsk moved that council concu~ in ~e request to wK~aw ~e ~[on was seconded by ~. H~a~ ~d adopted, ~T~O~S-P~ ~D P~YG~DS~ ~e C~ty ~a~er s-~tted a written re~r~ in co~ection wi~ gifts to Parks and ~creat~ s~t~g ~at ~hile the ~erosity of donors is ~st app~eciated~ it Is ~e intention ~t gifts of ~ney not ~ accepted and ~at ~terial [t~ be accosted for the ~paz~ent*s invento~ of property. (For full t~t, see re~t as filed in ~e City Clerkts Office.) ~. H~ard ~v~ ~at ~e city ~age= ~ tns~ucted to p=epa=e ~d present to Co~c/l a pr~ed~e for accep[~ce o~ qi~[s offered to ~e ~e aotioa ~as seconded by ~. Th~s and adopted. APP~CHI~ P~R C~= The City ~nager s~tted a ~ritten ~e~rt tr~a~tting a cm~icattoa from ~. D. C. Kennedy~ Division ~nager~ Appalachian Vo~= C~y, skating ~at ~e C~y ~ill continue to provide ~e city ~i~ se~ice at ~e =ate oi 1.75 cents per kil~att-ho~ plus fuel adjus~k on a mon~-to-mon~ basis, and ~ill give ~e e/ti 30 days notice prior to raking ~y ch~ge in ~is rate. (For full text, see ~e~r~ as f~led in the City Clerk*s Office.) ~. Th~s moved that ~e re~t ~ ~ece[ved ~d E[led. The ~as second~ by ~. ya.h~B ~d adopted. H~SING-S~ C~CE-G~TS: The City ~nager s~itted a written report tr~tting a m~r~d~ from ~. R. R. Henley, ~ecutive Director, City of Ro~oke ~edevelo~ent ~ Housing Au~or~ty~ tn co~ect[on wi~ the application of Southwest Virginia C~[ty Develo~ent F~ to the Econ~c Develo~t A~nis~atlon for federa[ f~s for ~evelo~m~t of f~fteen acres of [~d w~[n ~e Ga~nsboro Ne~g~orho~ meve~o~ent area into an [n~strlal c~lex site, a~vising ~at the report ts s~tte~ for ~fo~t[ona[ ~oses. (For full text, see reports as file~ in ~e City Clerk's Office.) ~. Th~s move~ ~at ~e reports be received ~d filed. The motion was secon~e~ by ~, Lisk a~ POLICE D~-F[~ DEP~T= ~e City ~ager s~tte~ a ~itt~ re~ort l[st~ng perso~el ch~ges tn ~e Police Deponent ~d ~e F~r~ Depar~t for ~e ~n~ of ~y~ 1975, a~v[s[ng ~at at ~e end of ~y ~ere were two vac~c[es ~n ~e F~re Depar~ent ~d fo~te~ yacht po[~ce officer ~osit~ons ~ one yacht Clerk-~ist I position in ~e Pot[ce Depar~ent. (For full text, see re~rt as f~[e~ ~n ~e City Clerk's Office.) ~. Ta~ move~ ~at ~e re~rt be receive~ ~d f~le~. The motion was seconde~ by ~. Th~s an~ a~opte~. WA~R DEP~= The City ~ager~ ~e Director of Fin~ce and ~e City Atto~ey s~tte~ a wrltt~ re~rt ~n co~ection wi~ a high water bt1[ rece[ve~ by ~s. R. ~. Bass, recording ~at ~e C~ty ~nager, ~e of Finance or their ~esignated repres~tatives ~ au~or~ze~ to a~just utility bills for either underground or hidden le~kst high hills arising from interior leaks that ny have been found and repaired earlier had water meters been read on schedule but were in fact estimated, and otherwise unexplained water bills resulting from such high usage that in the sole discretion of the City }i~nager or Director of Finance the usage is completely unfeasible. {For full te~tt see report as filed in the City Clerk's Office.) Mr. Th~xaas moved that Council concur in the report and receive and file same. The motion was seconded byHr. Taub~n and adopted. The Director of Finance recommended that the CltyManaper be authorized to reduce or adjust the water bills as necessary. COt~CIL: The CltyManager smb~ttted a written report requesting am Exscutive Session with the me,bets of Council to discuss a real estate matter. ~Lr. Th~s moved that Council concur in the request. The motion was seconded by Mr. Ts,hm~n and adopted by the following vote: AYES= Messrs. Hubard, Lisk, Tauhman, Thomas and Vice-Mayor Garland ...................................... 5. NAYS: None ........................0. (Mr. Trout left the meeting} {Mayor Taylor absent} BUDGET: The Director of Finance submitted a written report transmitting Ordinances for appropriations to supplement various accounts in the several funds which have been over expended, for the purpose of balancing out the fiscal year. (For full text, see report as filed in the City Clerkfs Office.} Mr. Th~nas offered the following emergency Ordinance amending certain sections of the 1975-76 Appropriation Ordinance: (%23048) AN ORDINANCE tu amend and reordain certain sections of the 1975-76 Appropriation Ordinance, and providing for an e~ergen~y. (For full text of Ordinance, see Ordinance Book NO. }tr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote= AYES: Messrs. Hubard, Lfskw Tau~man, Thomas, and Vice-~ayor Garland ................................... NAYS: None ...................... 0. (}ir. Trout left the meeting) (Mayor Taylor absent) Mr. Thomas offered the following emergency Ordinance appropriating certain funds to the Civic Center budget: (%23049} A/~ ORDINANCE to amend and reordain certain sections of the 1975-76 Civic Center Appropriation Ordinance, and providing for an ~mergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vo~e: 316 Garland ............................... 5. NAYS= None .................0. (Mr. Trout left the m~eting) (Mayor Taylor absent) Mr. Hubard offer~ the following emergency Ordinance appropriating certain funds to the Sewage Treatment Fund= (~23050) AN ORDINARCE to amend and reordain certain sections of the 1975-76 Sewage Treatment Fund Appropriation ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard l~oved the adoption of the Ordinance. The Iaotion was seconded by Mr. Tau~ and adopted by the following vote: AYES= Messrs. Hubard, Llsk, Taubman, Thomas and Vice-Mayor Garland .............................. 5. NAYS: None ................0. (Mr. Trout left the meeting) {Mayor Taylor absent) Mr. Thomas offered the following emergency Ordinance appropriating certain funds to the Airport Fund= (%23051) AN ORDINANCE to a~nd and reordain Section t340, 'Airport Fund - Administrative Expenses,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. TeU~n and adopted by the following vote: AYES: Messrs. Hubard, Lisk, Taubman, Thomas and Vice-Mayor Garland ................................. 5. NAYS= None ...................0. (}~r. Trout left the meeting} (Mayor Taylor absent) Mr. Lisk offered the following ~ergency Ordinance appropriating certain funds to the Water Department budget: (%23052) AN ORDINANCE to amend and reordaln Section ~320, 'Water - General Expense,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook No. Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Th(~aas and adopted by the following vote= AYES: Messrs. Huberd, Lisk~ Taubman, Thomas, and Vice-Mayor ~arland ............................... 5. NAYS: None .................. 0. {Mr. Trout left the meeting) (Mayor Taylor absent} BUDGET-BONDS-~EGIONAL JAIL: The Director of Finance st~mitted a written report transmitting two Ordinances to appropriate funds received fro~ the recent bond issue for construction of the jail and for school construe=lo! (For full text, see report as filed in the City Clerk's Office.) Hr. Nubard offered the following e~ergenc~f ordinance appropriating $6~000~000o00 to 3ail Facility under 'Capital !mP=ovement Projects Fund,' of the 19~5-76 budget~ ~23053) AN ORDINANCE to a~nd and reordatn certain sections of the 'Capital Improvement Projects Fund," of the 1975-76 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinancew see Ordinance Book NO. Hr. Hubardmoved the adoption of the Ordinance. The motion vas seconded by Hr. Ta-h~a~ and adopted by the following votes AYESs Messrs. Hubardw Llsk, Ta-hm~n, Thomas~ and Vice-Hayor Garland ................................. 5. NAYS: None ...................0. (Hr. Trout left the meeting) 0tayor Taylor absent) Hr. Hubard offered the following emergency Ordinance amending and reordaining certain sections of the 'Capital Improvement Projects Fund~# of the 1975-76 budgets (S23054) AN ORDINANCE to amend and reordain certain sections of the 'Capital Improvement Projects Fend,' of the 1975-76 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, Hr. Hubard moved the adoption of the Ordinance. Tile motion was seconded by Hr. Taub~all and adopted by the followlng vote: AYES: Hessrs. Hubard, Lisk, Taubman, Thomas, and Vice-Mayor Garland ..................................... 5. NAYS: None .......................0. {Hr. Trout left the meeting) (Mayor Taylor absent) PARKS AND PLAYGROUNDS: The City Plaaning Colmnisslon submitted a written report transmitting a report of the City Plannlng Department for Wiley Drive Extension, advising that the Co~mlssion adopted the re~ort as a conceptual plan and referred it to Council as information and for consideration. (For full text, see re~ort as filed in the City Clerk*s Office.) Hr. Lisk moved that the report be referred to the Wiley Drive Committee for study, report and recommendation to Council. The motion was seconded by Hr. Hubard and adopted. REPORTS OF COMMITTEES: AIP~ORTs A committee appointed to tabulate bids received to seal a portion of Runway 27 at Roanoke Hunlcipal Airport, Woodrtua Field, with rubberized sand slurry submitted a written report recommending that the low bid of John A. Hall & Company, Incorporated, in the amount of $17,495.63, be accepted. (For full text, see report as filed in the city Clerk*s Office.) Mr. Lisk moved that Council concur in the rec~endatlon Of the committee and offered the following emergency Ordinance: 317 ([230S5) AN ORDINANCE accepting the proposal of John A. ~ll & Co., Inc., to seal a portion of Runvay 27 at Roanoke Municipal Airport, Mood~um Fleldl authorizing the proper City officials to execute the requisite contract! rejecting certain other bids ~ade to the Clty~ and providing for an emergency. (For full text of ordinance, ace ordinance Book No. Hr. ~.lsk moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following votes AYES: Messrs. Rubard, Llsk, Tauhman, Thomas, and Vice-Mayor Garlend .................................. 5. ~AYS: None ....................0. (Hr. Trout left the meeting) (Mayor Taylor absent) STREETS AND ALLEYS: A committee appointed to tabulate bids received on planing segments of city streets, eulmitted a written report recommending that the lo~ bid o£ Adams Construction Company in thn amount of $16,172o64, be accepted. (For full text, see report as filed in the City Clerk's office.) Hr. Thc~as moved that Council concur in the report and offered the following emergency Ordinance: (t23056) AN ORDINANCE accepting the proposal of Adams Construction Company for the planing of segments of streets at various locations in the Cl~y 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. Hr. Thc~as moved the adoption of the Ordinance. The motion was seconded by Hr. Tauhman and adopted by the following vote: AYES: Messrs. Hubard, Lisk, Taubman, Thomas and Vice-Mayor Garland ................................ 5. NAYS: None ..................0. (Hr. Trout left the meeting) (Mayor Taylor absent) SCHOOLS: The c~tttee appointed to stndy future format to be followed in appointment by Council of members to the Roanoke City School Board sukaaltted a written report setting out said procedure. (For full text, see report as filed in the City Clerk's office.} Mr. Taubman moved that action on the report be deferred untll the regular meeting of Council on Tuesday, July 6, 1976. The motion was seconded by Mr. Thomas and adopted. AIRPORT-TAXES-LICENSES: Council having referred to the Revenue Study Commission for study, report and recommendation a request of Avis Rent-A-Car Syste~, Incorporated, National Car Rental System, Incorporated, and Budget Rent-A-Car of Roanoke, Incorporated, for relief from the license tax, the Commission submitted a written report proposing that Section 40 of the Tax Code be amended to read aa follows: '~lt~alnata Sub-section (a} ~n its entirety. ~nend sub-section (b) to read~ EveFy person who shall engage ~ ~e bus.ess o~ f~nish~g au~les, ~tor~cles, tra~lers or o~e~ ~or vehicles, or bl~cle8~ or ~tor sc~ters vl~out ~lvers, u~n agre~nt or u~n sale and =ep~chase agre~t shsll pay a license tu of f55.00 plus 55 cents on each ~100.00 of ~e ~ross receipts derived rrm such bus.ess. Said t~ shall ~ In addition to ~e s~cial tu ~set on ~tor vehicles by the general ~tor vehicle lic~se Ordin~ce. The designatim (b) should ~en be dropp~ since Section 40 ~ould no longer ~i=e S~-sections.' (For full t~t. see z~rt as filed In ~e titI Clerk*s Office.) ~. Rl~ard F. Pence, Attorney, representing ~e ~ee renal car agencies listed ave, appeared before Co~cil and s2ated ~at his clients need ~re reltii than vha2 Is recomended tn the re~r2 ~r~ ~e Revenue S2udy sion~ that ~ey need ~ls ~eliei retroactive to ~anua~ 1. 1976, and suggested ~at the report be referred to ~e Ai~ort ~vlso~ C~ission for study, report and rec~ndatfons to Co~cil. ~. Th~s moved ~at ~e report be referred to ~e Ai~ort Adviso~ C~ssfo~ for study, re~rt and reco~endation to Co,oil wi~ the request ~at ~e ~tter c~e before ~e C~ssion at its next meeting with a report to be s~itted to Co~cfl as s~n as possible ~ereafter. The motion was second- ed bye. Lisk and adopted. U~INIS~ BUSINESS= NO~. CONSIDE~TION OF C~: NO~. I~RO~ION ~D CONSfDE~TIOI{ OF O~I~CES ~D ~SOLUTIONS: AUDI~RI~-COLISE~= Ordinance No. 23022 au~orfzfng and providing for an ~en~ent to ~e City's ~ase and Concession Agre~ent dated Au~st 1, 19~3, wi~ ~eric~ Motor Inns, Inco~orated, for ~e operation of catering and concession se~ices at ~e Roanoke Civic Center, by extending ~e te~of said agre~nt to and including July 31, 19~9, ~d providing for the perc~tages to be paid to the city for ~e privilege of providing catering semites and concession se~ices respectively, having previously been before Co~cil for its first reading, read and adopted on its first reading ~d laid over, was again before ~e b~y, ~. Ta~ offering the foll~ing for its second reading and final adoption: (%23022} ~ O~I~CE au~orfzing and providing for an ~en~ent to ~e City's ~ase and Concession Agre~ent dated August 1, 1973, wi~ ~erfc~Motor Inns, Inco~rated, for ~e operation of catering and concession se~fces at ~e Roanoke Civic Center, by extending ~e tenor said agre~t to ~d includ~g July 31, 19~9, ~d providing for ~e percentages to be paid to ~e City for ~e privilege of providing catering se~ices ~d concession se~ices respectively. (For full t~t of Ordfn~ce, see Ordnance B~k ~. Ta-~m~n moved ~e adoption of ~e Ordin~ce. The motion was seconded by ~. Th~s and adopted by ~e foll~ing vote= AYe: Messrs. H~ard, Lisk, Ta~, ~o~s, ~d Vice-~yor Garland .................................... 3i9 32O HA¥Ss None ...................... O. (H~o Trout left ~he ~eet~ng) (Hayor Taylor absent) to delete ~e ~sition o[ D~zector of Tec~lcal ~d ~n~s~ative ~e City Atto~ey s~tted ~ O~din~ce zepealinq C~pter 17~ Direct=ate Tec~tcal ~d ~nistrative Pl~ln~ of ~ltle Il of ~e City C~ei whereu~n~ ~. T~s oife~ed ~e foll~90rdln~ce aa ~ ~ggen~ (i23057} ~ 0~I~ re~al~g ~apter 17~ Directorate of Tec~lcal ~d A~nistrative Pla~lng., of Title II. A~nis~ation, of The City of Roanoke, 1956, as ~nded, and providing for an ~rgen~. (For full text of Ordin~ce~ see Ordinance ~k No. ~. Th~s ~ved the adoption of ~e Ordin~ce. The ~tion was seconded by ~. Ta~ and adopted by ~e foll~lng AYES: He,sra. H~ard~ Lisk~ T~t~n, Th~s~ ~d Vice-~yor Garland .................................... 5. NAYSI None ......................0. {~. Trout left ~ meeting) (Mayor Taylor absent) MOTIONS ~ HISCE~EOUS BUSI~SS: AI~ORT: ~. Tho~s pres~ted a proposal relative to to a section of ~ City C~e pertaining to ~e C~sition of ~e Airart Advi~o~ Co~ssion so as to m~e flexible ~e n~er of m~ers of said C~ssion but to consist of not less ~ 15 m~ers, to includ~ ~ City Hana9er~ ~e ~nager of ~e Ai~ort Depar~ent, one or ~re m~ers of Co~cil, such n~er of citizens as necessa~ to c~lete ~e m~ershp of 15 ~d ~e Mayor to ~e~2 as ex-officio, ~ereby allying Messrs. Lisk and Trout to r~in as citizen m~ers of ~e C~ssion. In VieW o[ ~e fact that ~e ~yor ap~ints ~e m~ershlp to the C~sslon, ~. Ta~ moved that action on ~e Ordin~ce be deferred ~tll the n~t re~lar meeting of Co~cll on ~esday, July 6~ 1976. ~e motioa was seconded by ~. H~ard ~d adopted. After a discussion as to whe~er or not ~e t~ of a m~er of Co, oil aut~tically e~ires on ~e various co--trees, boards and co~sslons wi~ te~nation of his or her t~e on Co~cil, ~. H~ard moved ~at ~e City Attorney advise ~e Co~cil relative to ~is ~tter at its n~t regular meet~g on ~esday, July 6, 1976. ~e motion was seconded by ~. Lisk ~d adopted. BU~ET-CO~SATION B0~: Co~cil having previously apreed to appeal ~e decision of ~e Co~ensation Board relative to ~e 1976-77 fiscal year budgets of ~ C~onweal~s Atto~ey, Co~ssioner of Rev~ue~ Sheriff ~d Tr~as~er, ~. Lisk offered ~e roll,lng Resolution s~ting objection to certain salaries, e~ses and o~er all~ces t~tatively fixed by ~e State C~ensatlon ~ard for ~e offices of ~e Atto~ey for ~e C~onweal~ ~e Sheriff, ~ C~ssioner of Rev~ue ~d ~e Treas~er for fiscal year 1976-771 re~estlng a hearing to dete~ne ~ ~rits of such protesti ~d desi~atlng '! HosSrSo WilliamS, Hubard and Nicholas F. Ta.~m~ as additional ~m~ers of the Board for ~he purpose of conducting such hearing= (J23058) A I~ESOLUTION s~ating objection to certain salariesw exl~nses and o~her allowances ~en~a~lvely f~xed b~ ~e S~a~e C~nsa~lon Board for ~e offices of ~e Atto~ey for ~e C~nweal~ ~e Sher~ff~ ~e C~ssioner of ~v~ue and the ~eas~er of ~e C~ty o~ ~oke for f~scal year 1976-~977~ and re~est~ng a hearing to dete~ne ~e merits of such protest~ ~d des~at~g two--ers of ~e Co~cil of ~e C~ty of R~noke to se~e as additional m~ers of ~e Board for ~e p~se of conduct- ~ng such hearing. (For full text of Resolut[on~ see Resolution ~k NO. ~. L~sk ~ved ~e adoption of ~e Resolution. The ~tion was seconded by ~. Th~s and adopted by ~e foll~ng vote= AY~ Messrs. H~ard~ L[sk~ Tarn, ~s and Vice-Hayor Garland ................................. 5. NAYS= None ...................0. (~. Trout left the meeting) (~yor Taylor absent} CO~I~-BO~S-C~SS~ONS ~D A~HORIT[ES= The Vlce-~yor advised of vac~cies on ~e Housing ~d Hygiene Board, ~e Fair ~lo~ent Practices Co~ittee, the Perso~el Board, ~e Adviso~ Boar~ of H~n Semites, ~e C~- m~Ety Relations Co~ittee, ~e Ro~oke Tr~s~rtation Muse~Co~ttee, the Virginia Western c~ity College Board, ~d e~irations on the You~ Co~ission; whereupon, ~. Lisk nove~ ~at action on ~e vacancies be deferred ~til ~e re~lar meeting of Co~cil on ~esday, July 6, 1976. The motion was seconded bye. Th~s ~d adopted. PUBLIC ~: ~s. Gloria Do~, 711 H~t Avenue, N. W., appeare~ before Co~cil in reference to General Relief pa~ents, advising that she was of ~e ~derstanding ~at Co~cil had increased pa~ents from 80 per c~t to 100 per c~t of need, but n~ she finds ~at ~is is not ~e case and ~e 80 per c~t still r~s in effect and requeste~ ~at Co.cji approve pa~ents at 100 per cent of need. The Vice-~yor advised ~at due to a tight budgeta~ situation, ~e pa~ts had to be kept at 80 per cent of ne~. ..~ CO~CIL: This being ~e last Co~cll meeting for retiring Co~ci~en Lisk ~d Trout, ~. Lisk expressed appreciation to ~e m~ers of Cocci1 ~d ~e city a~nistration for ~e c~peration he has received d~ing his tense on Co~cil. ~. Th~s moved that ~e City Atto~ey be ins~ucted to prepare ~e proper measures of appreciation to Co~ci~ Lisk ~d Trout for se~ices rendered by ~. The motion was seconded by ~. H~ard and ad. ted, ~. Lisk not voting. 321 322 COUHCIb-t~TER D~PA~t Council ~V~g earlier ~ ~e me[lng agreed to go ln~o ~ecutive Session to discuss a ~ea~ es~te ~e~ ~e V~ce-~yo~ declare~ a b~ie~ ~ecess, ~gte~ ~e ~e~t[ve Session~ ~. ~s~ Cha[~ of ~e Hate~ ~so~ces C~tttee, s~ltt~ a ~ltten ~e~t relative to pl~s fo~ conat~uction ~d on Back Czeek ~ater ~upply,' ~d as to approval of ~e l~ation of said rater supply p=o~ect at vhat is descried as ~e ~lndy Gap Site on Ba~k Creek, In Roanoke cowry, Vlr~inia~ advisin9 ~at ~is ~ill necessi~te ~e city's acquisition of approx~tely ~0 acres o~ l~d in Ro~oke Co~ty, ~d rec~ndin ~at Co~tl, by Resolution~ concur~i~ and adept ~e 19~6 ~ck Czeek Re~=t plan to develop the source o~ supply; ~at Co~cll, by O~dinance, au~o~ize ~e exer~lsin9 of the options by notl~lcation of ~e p~es~t o~e~s of the city*s intent to ac~lre ~e property; that copies of the Re~olution of inter ~d the 1976 Back C~eek Re~rt be sent to all appropriate l~al gover~en~s ~ State and Federal agenc~es~ au~or[ze ~e cont[nue~ ~[o~ent of ~ R. Robertson to represent ~e city to continue to [dent$fy, appraise an~ obtain options for land to be in,dated as ~e Co~c~l~y direct fr~ t~e to ~d direct the City M~ager to obtain a proposal fr~Alvord~ Burd$ck a H~son to c~ce cons~ct[on plus. (For full text, see re~rt as filed in ~e C~ty Clerk's Office.) ~. ~o~s moved ~at Cocci1 concur [n ~e report of the Water ~. ~s then offered ~e fo11~ing Resolution approving ~d a~opting certain pl~s for const~ction and provision of additional raw water supplies for ~e City and the site of a new water ~po~ent facility= (%23059) A ~SOL~ION approving ~ adopting certain plus for cons~ct[on an~ provision of additional raw water supplies for ~e City, ~e s~[e of a new water ~po~t fac[l[ky. (For full text of Resolution, see Resolution ~k No. ~. Th~s moved ~e adoption of ~e Resolutlon. The motion was seconde~ bye. Ta~ an~ a~o~teG by ~e following A~S= Hessrs. H~ard, L[sk, Tarn, Th~s and Vice-Mayor Garl~d .................................. NAYS= None ....................0. ~. Trout left ~e meeting) (~yor Taylor ~. Th~s offered ~e foll~ing ~ergen~ Ordinance appropriat~g $224,100.00 to Land A~uisition ~er Section %450, 'Water F~d-Cap~l ~tlay From Revenue,' of ~e 1975-76 bu~gett (%23060) ~ 0~[~ to ~ an~ reorda[n Section ~450~ 'Capi~l ~tlay Fr~Rev~ue,' of ~e 1975-76 Water F~dAppropriat[on Ord[n~ce, provid~g for an ~rgency. (For full text of Ordinance~ see Ordin~ce ~ok No. Mr, Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Ta,,~u-~u and adopted by the following votes AYES~ Messrs. Hubard, Llsk, Ta,~m~nt Thomas and Vice-Mayor Garland .......................... J ..... 5. NA¥S~ None ..................0. (Kr. Trout left the meeting) (Mayor Taylor absent) Mr. Th~nas offered the following emergency Ordinance providing for the acquisition of certain properties situate In the County of Roanoke for public purposes; providing for the acceptance by the city of an assignment of certain options to purchase said properties; providing for exer- cise of the options provided for in said option agreements by giving written notice to the owners of said properties; providing for the execution of any necessary contracts relating to the sale and purchase of Said properties; and directing the purchase of such properties upen certain terms and conditions= (J23061) AN ORDINANCE providing for the acquisition of certain properties situate in the County of Roanoke, for public purposes; providing for the acceptance by the city Of an assignment of certain options provided for in said option agreements By giving written notice to the owners said properties; providing for the execution of any necessary contracts relat- ing to the sale and purchase of said properties; directing the purchase of such properties upen certain ter=~ and conditions; and providing for an e~ergency. (For full text ef Ordinance, see Ordinance Book No. Mr. Th~nas moved the adoption of the Ordinance. The motion was seconded by~r. Lisk and adopted by the following vote: AYES: Messrs. Hubard, Lisk, Taubm~nt Thomas and Vice-Mayor Garland ................................... NAYS: None .....................0. (Mr. Trout left the meeting) (Mayor Taylor absent) There being no further huslness~ the Vice-Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED Vice-Mayor 323 324 Thursday, July l, 1976. The Council of the city of Roanoke met in the Council Chamber in the Municipal Building, o~ Thursday, July l, 1976, at 3 p,m., pursuant to Section 10 of the City Charter, for the purpose of organization with HayOr Noel Co Taylor presiding. PP~SENT.* Council me.~bere Elizabeth T. Bowles~ Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Ta,,hm~n, Hampton W. Thc~Ms and Mayor Noel c. Taylor .................... 7. A~SENT ~ None ................. 0. OFFICERS PRESENT: Mr. Byron E. Haner, City Manager~ Hr. James N. Klncanon, City Attorney~ }ir. J~mes B. Buchholtz, Assistant City Attorneyt Mr. A. N. Gibson, Director of Flnance~ and Mrs. Mary F. Parker, City Clerk. INVOCATION: The m~eting was opened with a prayer by Couneil~l~ Willia~ S. Rubard. COUNCIL= Mayor Taylor stated that the present meeting of Council was being held pursuant to Section 10 of the Charter of the City of Roanoke, at which time the newly elected Mayor and Council members will assume the duties of their offices. At this point, the City Clerk presented a certificate from the Electoral Board advising that upon examination of the official records deposited with the Clerk of the Circuit Court of the election on Hay 4th, 1976, they determine and declare that Noel C. Taylor received the greatest number of votes cast in said election, and advised that Mayor Taylor has qualified for the office of Mayor for a tnr~ beginning July l, 1976, and ending June 30, 1980. The City Clerk presented a further certificate from the Electoral Board advising that upon examination of the official records deposited with the Clerk of the Circuit Court of the election on May 4th, 1976, they deter- mine and declare that Elizabeth T. Bowles, Lucian Y. Grove and Willlam S. Hubard received the greatest number of votes cast in said election, and advised that Mrs. Bowles, Mr. Grove and Mr. Httbard have qualified for said offices for terms beginning July l, 1976, a~d ending Ju21e 30, 1980. The City Clerk presented a further certificate from the Electoral Board advising that upon examination of the official records deposited with the Clerk of the Circuit Cottrt of the election on May 4th, 1976, they deter~ne and declare that Robert A. Garland, Nicholas F. Taubman and Hampton W. Thomas received the greatest number of votes cast in said election, and advised that Mr. Garland, Mr. Taubman and Hr. Thomas have qualified for said offices for une~xplred ter~s ending June 30, 1978. The City Clerk further advised that it appears frc=a the certificate of the Electoral Board that Hrs. Elizabeth T. Bowles received the largest number of votes in said May 4th election, and pursuant to Section 4. Composition of Councill vacancies, of the City Charter, is the Vice-Mayor of the City of Roanoke for a term of ~o years to cc~nence on t. he first day of July and until her successor shall have been elected and ~. Ta~ offered ~e foll~ng ~solution re~z~ ~s, CLt~ of Ro~okez (J23062) A ~O~TION rec~lz~g ~e HON0~ ~I~E~ T. ~S to be a ~r of ~e C~ty Co~cil and V~ce-~yor of ~e City of Ro~oke. (For full t~t of Resolution, see ~solution ~k No. , Page .) ~. Ta-~n ~ved ~e adopt~o~ of ~e ~so~u~lon. The ~tiofl was seconded by ~. Grove and adopted by ~e foll~g ~tet A~S~ Co~c~l ~ers ~les~ Garl~d~ Grove~ H~ard~ Tat~*a~ ~s ~d ~yor Taylor ........................... NAYS= None ......................0. Hr. H~ard ~ved ~at the City Attorney proper meas~e ~n appreciat~on of ~e seduces rendered to ~e City o~ ~oke by ~. Ro~rt A. Garl~d during h~s te~ as Vice-Hayor. The motion was seconded by ~. Tarn and ado~ted~ ~. Garland not voting. Mr. Garl~d moved ~at the certificates fr~ the Electoral ~ard be received and f~led. The motion wa~ seconded by ~. Tho~s and ~ously adopted. The ~yor ~en called u~n each ~er her sentients, ~d ~e Mayor presented a State of ~e City message. (For full t~t, see State of ~e City Hessage on ~n the City Clerk's There being no further business, ~e Mayor declared ~e meeting adjourned. ATTEST: City Clerk APPROVED CO~'NCI~.~ I~.EOULAR 'i'ueada¥~ ~uly $~ The councl~ of the City 0£ P. oanoke met in ~egular meeting in tho Council Ch~ In ~e N~lcipal Bu~ldin9, City of ~oke, at 2 p.m.~ the reeler ~eting hour, ~l~ ~yor N~I C, Taylor presidin~. P~S~s Co~cil ~era Eliz~ T. ~les~ ~rt A, Garl~d~ Lucl~ Y. Gr~e, ~lllls S. ~tird~ Nicholas F. Tat~ H~ton N. Th~s ~d ~yor Noel C. ~aylor ................... ~i Hone ................ 0. OFFICE~ P~T~ ~. ~on E. H~er~ City ~naqer~ ~, S~ H. H~hee, III, Assistant cit~ H~ager~ ~. J~s N. linc~on, cltt Attorneyl ~. ~as E. BUC~Oltz, ~sistant City Attomey~ ~. A. N. Gibson, Director of Flnancel and ~s. Ha~ F. Parker, City Clerk. I~TIONI The ~eting was opted wi~ a prayer by ~e Reverend Linw~ Peterson, Pastor, Alrlee Co~t Baptist Ch~ch. ACTS OF AC~~T-CO~CIL= ~. Garl~d offered ~e roll.lng Resolution recognizing and c~nding the Honor~le David K. Lisk as a retiring ~er of ~e Co.oil an~ e~ressing to h~ ~e appreciation of ~e Co~cil and ~at of the citizens of his city for his contributions ~fle In ~eir behalf d~ing his t~e in office on the Cocci1 of ~e city of Ro~okel (~23063) A ~SOL~ION relating to ~e HONO~ DAVI~ K. LISK, foyer Vice-Mayor an~ m~er of ~e Co~cil of ~e city o~ (For full t~t of Resolution, see Resolution Book No. ~. Garland ~ved ~ adoption of ~ Resolutlo~. The motion was seconded by ~. H~ard and adopted by ~e roll.lng votet AY~= Cocci1 ~ers B~les, Garland, Grove, H~ard, Ta~, Th~s and ~yor Taylor ....................... NAYS= None .........................0. The ~yor ~ m~rs of Co~cil ~en presente~ ~. Lisk wi~ a fr~ed copy of Resolution No. 23063, a sterling silver se~ing tray sett~g out his te~s on Co~cil ~d his te~ as Vice-Hayorl a fr~ed Certificate of Merit in appreciation of his se~ices~ ~d a 'Key to ~e City.~ ~. Lisk accepted ~e gifts wi~ gratitude ~d e~resse~ appreciation to the ~yor ~d m~ers of Cocci1, ~e citizens of ~e City of Ro~oke ~ ~e city a~nistratlon for ~e cooperation and ~derst~d~g he received his t~e on Co~cil. ~. Th~s offered the roll.in9 Resolution reco~izing and c~end~g ~e Honor~le a~es O. Trout as a retiring m~er of ~e Co~cil~ ~ e~ress~g to h~ ~e appreciation of Co~cil and ~at of ~e citiz~s of his city for his contr~utions ~de in ~eir ~half d~ing his tense ~ office on ~e Co~cil of ~e City of Ro~oke= (~23064} A ~SOLUTION relating to ~e HONO~ J~S O. TROUT~ foyer Vice-Hayor and M~er of ~e Co~cil of ~e City of Roanoke. (For full t~t of Resolution, see Resolution ~ok No. Hr. Thomas moved the adoption of the Resolution. The motion was seconded by Hro TaUlxaan and adopted by the following vote: AYESz Council members Bowles, Garland, Grove, gubard, Ta-~u, Thc~nas and Mayor Taylor .............................. 7. NAYS: None ............................... 0. Although Hr. Trout could not be present at the meeting, the Mayor and ~mhers of Council advised that a framed copy of Resolution No. 230641 a sterling silver serving tray setting out his terms on Council and his term as Vlce-Mayor~ a framed Certificate of Merit in appreciation of his services! and a 'Key to the City' will be presented to Mr. Trout at a later date. In appreciation of the services rendered to the City of Roanoke by Mr. Robert A. Garland as Vice-Mayor during his tenure in that position from October 30, 1975, to June 30, 1976, Mr. Thomas offered the following Resolution recognizing and complim~nting Mr. Garland u~on the discharge of the duties of the position of Vice-Mayor: (%23066) A RESOLUTION relating to the HONO~J%BLE ROBERT A. GARLARD, a Me~ber of the City Council. (For fu.ll text of Resolution, see Resolution Book No. }ir. Thc~nas moved the adoption of the Resolut£on. The motion was seconded by Mr. Hubard and adopted by the following vote.' AYES: Council members Bowles, Grove, Hubard, Taubman, Thomas and Mayor Taylor .......................... 6. NAYS: None .................0. (Mr. Garland not voting) ACTS OF ACKNOWLEDGEMENT-TREASURER: In honor of a recent award received by Mr. 3. H. Johnson, Treasurer, relative to his recognition as the '1975-1976 Treasurer of the Year' by the members of the Treasurers~ Association of Virginia, Mrs. Bowles offered the following Resolution recognizing the faithful performance of official duties rendered by Mr. Joh~lson and co~nendlng him upon his recent recognlzatlon and selection: (~23065} A RESOLUTION rslating to the HONORABLE J. H. JOHNSON, Treasurer of the City of Roanoke. (For full text of Resolution, see Resolution Book No. Mrs. Bowles moved the adoption of the Resolution. The motion was seconded By Mr. Bubard a~d adopted by the followlng vote: AYES: Council members Bowies, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................... J .......... 7. NAYS: None .................................0. ACTS OF ACKNOWLEDGEMENT-CITY GOVERI~4ENT: The Mayor advised that visiting with the Council in observance of 'Wonju Day' a~ld the Bicentennial celebration were Mayor Chung Kee-Hoon, Dr. Klm Sae-~han, Mrs. J. H. 3sen and Mr. ~ Hen-Doe, and in special recognition Of the Sister City association between Won~u, Korea, and Roanoke, Virginia, Mayor Taylor'presented Mayor Chung and Dr. Klm with a 'Key to the City.' 327' Also in special reco~nition of the occasion, the Hayor presented Mayor Chung, Dr. Rim, Reo Jeen (Mrs. Jeen was nob p~esent at ~e ~eting) ~d ~. ~ wl~ 'Honor~ Citizen ~yor ~g ~p~essed app~eciation for ~e welc~ he has received while visitin9 In ~e City of ~oke ~d p~es~ted ~yor Taylor wl~ ~ltled, Korea~s E~n~ Pas~ ~d CO~CIL~ Also In obse~ce of ~e Bicen2e~ial year, ~e ~yo~ pres~ted ~s. B~les wi~ a red, white ~d blue scare ~d p~es~ted ~e o~er of co~cil ~i~ a Blcente~lal tie, ~d advised ~a2 ~e ties were o[ ~. Vlncen2 S. ~eele~, foyer m~e~ of Ci2y Co~cll. ~NG OF CITIZ~S UPON PUBLIC ST~TS ~ ~YS-S~D~, CU~ ~D GU~ER= PUrSUit to not~ce of advert~s~nt for b~ds for ~sce~a~eous ~ ~rea street a~ sidewalk restoration at various l~ations w~n ~e c~ty, said pro~sals to ~ receive~ by the C~ty C~erk ~t~ ~:~0 ~.m., ~esday, Ju~y 6, ~9~, and to be o~ned before Cocci1 at 2=00 p.m., on t~t date, ~e Mayor aske~ if anyone ha~ ~y questions about ~e advert~s~nt for b~ds ~d ~o r~pres~tat~ve ~res~t raising any question, ~e ~ayor ~nstructed ~e City Clerk to pr~ee~ opening of the blds~ whereu~n, ~e City C~erk opened and rea~ the bidsc Jo~ A. Hall & Comply, Inco~orate~ - 12~,961.00 S. R. Draper Paving C~y - 129~345.00 ~. Th~s moved ~at ~e Mayor be requeste~ to ap~int a c~ittee to t~ulate the bids ~4 s~it a reco=~dation to Cocci1. The motion was seconded by ~. Tarn an4 ~ously adopted. The Mayor appointed Messrs. S~ H. M~hee, III, Chai~, Harold G. Hardy an4 Th~s F. Brady as m~ers of ~e co, tree. P~ ~ P~YGRO~S: ~. Jo~ R. ~rbyfill appeared before Co~cil and presented a prospectus from ~e Roanoke Valley Cheer of Co~erce relative to ~e tr~sfo~tion of ~e Roanoke Tr~sportation Muse~ into a more vi~le ~d e~ded attraction, proposing ~at the operation of ~e Muse~ be placed ia ~e h~ds of a group of citizens who are vi~lly interested in its developer and ~is would be acco~lishe4 by ~e org~ization of a fo~dation which would lease ~e Muse~ site and all of its facilities from ~e city at a n~nal r~t. (For full text, see prospectus as filed in ~e City Clerk's Office.~ ~. Jo~ R. Robertson, Chai~n of ~e Ro~oke Tr~sportation Muse~ C~ttee; ~. Jack C. ~, ~ecutive Vi=e Presld~t, Ro~oke Valley ~er of C~erce; ~d ~. Beverly ~. Fitzpatrick, Jr., president, Ro~oke Jaycees, Incorporated, s~ke in favor of ~e proposal. ~. Ta~ ~ved t~t ~e ~tter be referred to ~e City ~ager, ~e Roanoke Jaycee,, Inco~rated, ~e Ro~oke Valley ~er of C~erce, ~e Ro~oke Tr~s~r~tion Muse~ C~ttee for study, report ~d ree~datlon to Co~cil. ~e motion was seconded by ~s. ~wles ~d ~usly adopted. PETITIONS AND C(I~4UNICATIONS~ NONE. R~PORTS OF ROANONEVALLEY REGIONAL HF2t~TH S~RVICES PLANNING CO~NCIL~ The City Manager submitted e written report transmitting a request fr~mMr. Robert A. Gray for a certificate of public convenience in order to tramsport clients for the Department of Vocational Rehabilitation, the Welfare local nursing homes and hospitals. (For full text, see report as filed in the City Clerk's Office. J Mr. Tat~n moved that the request be referred to tho Roanoke Valley Regional Health Services planning Council for study, report and rec~e-dation to Council and to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Garland and unanimously adopted. BUDGET-GRANTS= The City Manager submitted a written report in connection with the National Endowment for the Arts, Grant No. R60-54-28B, advis- ing that the National Endowment for the Arts has agreed to certain revisions in the grant budget, and recommending that $14,500.00 be appropriated to the Grant Programs Account representing the $25,000.00 total grant amount less the $10,500.00 in-kind (non-cash) match. (For full text, see report as filed in the City Clerk's Office.) }ir. Garland offered the following emergency Ordinance appropriating the funds= (S23067) AH ORDINAliCE to amend and reordain the City of Roanokets 1976-?? Grant Progra~ Account, ~ld providing for a~ eraergenoy. (For full text of Ordinance, see Ordinance Book No. ~r. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hu~ard, Taubman, Thomas and Mayor Taylor .............................. NAYS: None .................................0. CIRCUIT COURT= The City Manager submitted a written report recommending authorization to execute Change Order No. 1 in the amount Of $1,158.00 end ten additional days, to the contract withAcorn Construction Company, Ltd. for alterations to the Courthouse Building - Courtroom and Judge~s Chambers, to provide for certain additional stated work. (For full text, see report as filed in the City Clerkts Office.) Mr. Grove offered the following Resolution providing for the issuance of the change order= (~2305S) A RE$OLIrfiON approving the CityManager~s issuance of Change Order No. 1 in connection with the City's contract with Acorn Construction Company,' Ltd. dated May 2?, 1976, for alterations to the City's courthouse building and the courtrooms and judges~ chambers situate in said building by providing for additional alterations for an additional cost of (For full text of Resolution, see Resolutlon Book No. 329 330 Hr. Grove ~oved the adoption of the Resolutiono The ~otion was seconded by H~, Huba~d and adopted by ~e fol~ng vote~ AY~ Co~cil ~s ~l~s, Ga~l~d~ G~Oya~ H~d~ ~S and ~yor Taylor ................................ ~YSs N~e .................................. 0. P~ ~ P~YG~DS-SCH~s ~e City ~nager s~tted a ~ltten re~rt rec~nding au~orization to execute ~ge Order No. i In ~e ~t of $1,242.00 to ~e contract wl~ Davis H. Elliot C~p~y for of the Fallon Park baseball dl~nd construction and lighting, to ~over cost of ~d to Const~=tion, supplying necessa~ electrical p~er to ~e base- ball lighting, as received fr~Appalachl~ Power C~y. {For full text, see re~rt as filed in ~e City Clerk*s Office.) ~. H~ard offered the foll~ln9 Resolution providing for the lssu~ce of ~e ch~ge order: (%23069) A ~SOLUTION approving ~e City~nag~r*s issuance Ch~ge Order NO. 1 In co~ection wi~ the City's contra=t wi~ Davis H. Elliot Comply for the Fallon Park baseball di~ond~s construction and lighting, heretofore au~orized by Ordin~ce No. 22991, so as to provide for ~e electrical p~er for the operation of ~e lighting of said di~nd at an additional cost city of $1,242.00. (For full text o~ Resolution, see Resolutlon ~ok No. ~. H~ard moved ~e adoption of ~e Resolution. The ~otion was seconded by ~. Gr~e and adopted by the foll~g vote: AYe: Co,oil m~ers Bowles, Garla~d~ Grove~ H~ard~ Ta~, Th~s and Hayor Taylor ........................... NAYS: None .............................. AI~ORT: The City Manager s~tted a written re~ort recording authorization to enter i~to a five year lease agre~ent wi~ ~e~ Air Freight for 1,809.12 square feet of space in ~e Air Cargo Building at Roanoke H~icipal Airport, WO~ Field, at a rate of $.30 per square foot per mon~, ~clud~g utilities ~d providing ~at ~e~Air Freight also petrol, at their ex~nse, any renovation work, s~ject to approval of ~e city. (For full text~ see re~rt as filed in ~e city Clerk's Office.) ~. ~s moved that Co~cil conc~ ~ ~e report wi~ ~e ~der- st~ding ~at the City ~ager will obtain ~e approval of ~e Ai~ort Adviso~ C~sslon in s~e fashion, and ~at the City Attorney be lns~ucted to prepare ~e proper measure in accord~ce wi~ ~e rec~endation of ~e City H~ager. The motion was seconded bye. H~ard and ~usly adopted. CI~ ~YEES-AI~0RT: The Clty~ager s~tted a written re~rt in co~ectlon wi~ ~e reco~dation of ~e ~ort Advlso~ C~ssion wi~ regard to u~rading ~e ~ort Police fr~ Grade 15 to Grade 17~ advising of a decision of ~e Perso~el Board ~at said classification r~in at Grade ~5 as outlined in the present classification pl~. (For full t~t, see report as filed In ~e City Clerk*s Office.) H~0 Hubard moved ~at ~ho repor~ b~ rece~¥ed and filed. T~e motion ~as seconded by ~i~. Ta-~ and ~usly adopted. ~I~oRT~ ' The Clt~ M~age~ s~tted a written re~rt rec~ending~ due to passage of Ordin~ce No. 22564, dated Nov~er 24, 19~5, ~nact~ng Title 8~ Chapter 5~ Section 4.1~ St~dar~s~ Re~lr~nts ~d Pr~ed~es for ~se ~erators Using the Ai~rt, a~ th~ t~nat~on on J~ 30~ 1976, of agre~nt w~ A~r Tr~sport ~s~lates fur sale of fu~, ~at T~tle 8, 5, Section 19, Sale of Gasoline an~ Oll~ ~ repealed to prevent confl~ct~g (For full t~t, se~ re~rt as f~l~ In ~e C~ty Cle=kts ~. Tho~s ~ve~ ~at Co~cil concur ~n ~e fecundation of City Manager and ~at the following Ordinance b~ place~ u~n its fkrst ~23070) ~ O~IN~CE re~eal~g Sec. 19. Sale of Gasoline ~a of Chapter 5. A~rport, o~ Title VI~I. P~lic Buildings an~ Property, of the Coda of the City of Ro~oke~ ~956, as The motion was seconde~ by ~. Tarn and adopte~ by ~ roll,lng vote= AYES: Co~cl~ m~ers Bowles, Garland~ Grove~ H~ard~ Ta~n~ Th~s an~ Hayor Taylor .............................. ~AYS= Hon~ ................................0. E~IP~: The City Hanager s~mitte~ a written report conc~ring a re~rt of a co~itt~ reco~ending acceptance of a m~ificat~on as pro~s~ by ~neral W~ld~ng and Machine Co, any, Inco~orat~, of a b~ for d~p b~ies to reduce th~ overal~ height of ~ed~ b~y fr~e by 2~, ~e ~dificatlon to (For full text, se~ r~ports as file~ ~n ~e city Clerk's office.) ~. H~ard~ved ~at Cocci1 concur in the re~r~s. The motion was seconded bye. Grov~ and ~an~usly adopted. CI~ ~NGI~ER-CI~ ~YEES= ~e City~nager s~mittea a ~itten report advising of ~e resignation of~. ~ch~d B. ~pin as Director of P~lic Works effective Au~st 15, 1976, reco~ending ~at ~e C~ty Attorney prepare an ap~ropr~at~ R~solut~on for consideration ~ adoption by Co~c~l. (For full text, see report as ~le~ ~n the C~ty Clerk's Off~ce.) ~. Gar~ ~v~d ~at ~e ~tter b~ r~ferre~ to th~ C~y Attorney for pr~p~at~on of ~a pro~r measure of appreciation. The motion was seconded by ~. T~-~m~n ~d ~ously adopted. T~ES-LIC~SES-~CT~ INSPEC~R= The City~ager a ~itt~ report advis~g of an error ~n Or~c~ No. 23033 which ~ended Section 13, Chapter 2, T~tle 15, of The C~e o~ ~e City of Roanoke, 1956, as ~ende~ relating to fees for ins~ctions required for issu~ce of electrical pe~ts, rec~end~g approval of a ch~ge to provide for fees of $TS.00 plus $4.00 for each addi~onal 1,000 or fraction (For full t~t, see report as filed ~n ~e C~ty Clerk's Off~ce.) 332 ~ro Grove offered the following eme~genc~ Ordinance provid~ng for ~e requested ch~e~ (123071) ~O~I~CE to ~nd and =eo~daln pa=t 9. of Ordin~ce ~o. 23033 adopted ~e 23~ 1976~ ~ndlng Sec. 13.~ Chapte~ 2., of Title of ~e C~e oE ~e Clt~ of ~oke~ 1956~ as ~ded~ rela2ing to fees fo~ lns~ct~ons r~uired for lssu~ce of electrical pe~tsl ~d provldin~ for (For full tax2 of Ordinance~ see Ordin~ce ~k No. ~. Gr~e~ved the adoption of ~e O~din~ce, ~e ~tion seconded by ~, H~ard ~d adopted b~ the roll.lng vote~ AY~t Co~c~l m~s ~les~ Garl~d~ Grove, H~ard~ Th~s ~nd Ha~or Ta~lo~ ............................. NAYS~ None ............................... ~GIO~JAIL~ The C~ty ~nager s~tted a written re~rt relative to the pro~se~ new courts an~ ~ail fau~lity, =eco~n~ng ~at Cocci1, by appropriate d~nt~ ~nst~ct ~e f~ of Hayes, Seay~ ~tte~ Mattern, ~chitects an~ ~g~neers, to proc~e~ pos~aste wi~ the preparation of prel~ina~ plans for ~e new jail faci~ity. (For ful~ t~t, see re~rt as f~e~ ~n the City Clerk's ~. H~ard offered ~e roll,lng Resolution approving, in general~ certain sch~tlc plans for ~e design ~d arrogant of ~e new jail co~t facilities= (~23~2} A ~SOL~ION approving, ~n general, =erta~n sch~t~c plans for ~e ~esi~ an~ arr~g~ent of new ja~l ~ co~t (For ful~ text of Resolution, see Resolution ~ok No. ~. H~ar~ move~ ~e adoption of ~e Resolution. The motion was seconde~ by ~s. ~wles an~ a~opted by the foll~ng vote= AYES= Co~c~l ~ers ~les, GarliC, Grove, H~ar~, Ta~n, Th~s an~ Mayor Taylor ............................. NAYS= None ...............................0. CO~CIL= The City M~ager s~itt~d a written report requesting ~ ~eoutive Session to discuss a ~tter of litigation. ~. Ta~ moved ~at Co~cil go ~nto ~ecutive Session wi~ ~e City Manager an~ the C~ty Atto~ey to discuss propose~ l~tlgation of which ~e ci~y~y be a part. The motion was seco~de~by ~. H~ar~ ~d adopted by ~e fol~ing vote= A~= Cocci1 m~ers B~les, Garl~ Grove~ H~ar~ Ta~, ~o~s ~yor Taylor ........................... NAYS= None .................................0. C~CIL= The City Atto~ey s~tte~ a~ltten re~rt ~n co~ection wi~ the question o~ whe~er or not ~e te~ of a Co~c~l m~er on various boar~s, c~ss~ons and c~ttees aut~tlcally e~res upon te~nat~on of tense ~n off~ce on C~ty (For full text, see re~rt as f~le~ ~n ~e City C~erk~s Office.) ~. Hubard moved that t~e report be received and filed. The motion was seconded by ftr, Taulman and unanimously adopted, CITY CHARTER~ The City Attorney submitted a written report trans- m/tting a copy of Chapter 573 of the 1976 Acts of the General Assembly of Virginia which amends and reenacts §§ 1.1, 10, 14, 5?, 59, 60, 61 and 67, and repeals §§ 30 and 46 of the City Charter. (For full text, see report and Charter changes as filed in the City Clerkls Office.) Hr. Tst,hm~n moved that the report be received and filed. The motion was seconded by Hr. Hubard and unanimously adopted. BUDGET-~OANS= The Director of Finance submitted a written report requesting authorization to negotiate short term loans for operating expenses in an amount up to $12,000,000.00, which is well within the recently approved Charter change permitting the city to borrow an amount not exceeding 25 per cent of revenue from all sources collected by the city tn the preceding fiscal (For full text, see report as filed in the City Clerk*s Office.) Mr. Garland moved that the ~tter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Taubman and unanimously adopted. CITIZENS~ TA~K FORCE FOR CRIHE PREVENTION AND SOCIAL DEVELOPMENT= A progress report from the Steering Committee of the Citizens~ Task Force for Crime Prevention and Social Development, requesting an additional sixty days to complete its assigr~ne~tl was before Council. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that the report be received and filed. The motion was seconded by Hr. Ta~hman and unanimously adopted. U~FINISHED BUSINESS: BUDGET-COMPENSATION BOARD: With reference to the appeal by the Council of the 1976-77 fiscal year budgets of the constitutional officers, the City Clerk presented a co~unication advising that she has been informed by Mr. Joh~M. Rasnick, Executive Secretary, Compensation Board, that the Board bas scheduled a hearing for Monday, August 9, 1976, at ll:0D a.m., in Richmond, Virginia, on said appeal and a letter to this effect will be forwarded to the Council. (For full text, see co~munication as filed in the City Clerk's Office.) Mr. Thomas ~oved that the co~nunlcstion be received and filed. The motion was seconded by Mr. Ta~lbman and tmanimously adopted. COUNCIL: Council at its study session on Thursday, July 1, 1976, having requested information from the City Manager relative to a public address system and recording system for the Council Chamber, the Assistant City Ma~age= sub:Lifted a verbal report advising that the project will be divided into three phases, viz: Phase I - Microphone and multiple distribution system, 333 :33'~. Phase II - Archival recording system for the City Clerk~ and Phase II! - Sound reinforcement system for the Council Chamber, that the current estimated cost for Phase I and Phase II is $8,036.00 and $5,820.00 for Phase III, at a total estimated cost for the entire project of $13~856.00. Hr. Taubman moved that the City Manager be instructed to advertise for bids on Phase I, II, and III. The motion was seconded by Mr. Thomas and unanimously adopted. The Reverend Leroy C. Roberts having previously requested that he be authorized to solicit funds from outside organizations in an effort to raise money for the sound system to be dedicated in honor the late Mayor Roy Webber, the Mayor advised Reverend Roberts that his proposal was discussed by Council and it was decided that it would not be in the best interest of the city for it to solicit funds, but he felt sure that if a citizen or organization desired to volunteer to give such a system to the city in honor of the late Mayor Webber, it would be accepted with appreclatton. BOARDS, CO~4ITTEES, CO~HISSION$ AND AUTHORITIES Co~ncil having previous ly requested that the City Attorney prepare the proper measure relative to suggested changes in the City code as to the number of meetings to be held by the Council and certain changes to the various authorities, boards, commissions and committees autnorized by the Council as per conn~unication from Councilman William $. Hubard under date of May 17, 1976, the matter was before the body. In this connection, the City Attorney presented an emergency Ordinance amending the City Code relating to authorities, boards, commissions and co~nittees establlshed or appointed by the Conncil~ whereupon, Hr. Hubard offered said Ordinance as an emergency measure: (%23073) AN ORDINANCE to amend Chapter 4 of Title II, of The Code of the City of Roanoke, 1956, as amended, by the addition of a new section, relating to authorities, boards, comndssions and connnittees established or appointed by the Council~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Rubard moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the fo11owlng vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Hayer Taylor .......................... NAYS: None ............................. 0. Hr. Thomas raised question as to the status of the Cononnnity Relations Cn~ttee under this new procedure~ whereupon, Hr. Hubard moved that it be the intention of Council that the Community Relations Cn~,{ttee, the Fair Employment Practices C~ttee and the Roanoke Transportation Museum ComnL~ttee not be consider ad hoc committees, but shall continue until further amendment by the Council. The motion was seconded by Hr. Taubman and unanimously adopted. Hr. Hubard offered the following Resolution coatinuing certain ad hoc conznittees of the Council and dissolving all other such committees: ($23074) A ~ESOL~TION continuing certain ad hoc c~ttees of the Council, and dissolving all other such camittees. (For full text of Resolutionw see Resolution Book Ho. N~. Hubard moved ~he adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote~ AYES~ Council membere Bo~lesw Garland, Grove, H~bard~ Taub~an, Thomas and Hayor Taylor ........................... NAYS~ N~ne ....................~ ........ COU~CIL~ Council at its study session on Thursday, 3uly 1, having requested the City Attorney to prepare the proper measure relative to Council holdl~ng its regular meetings on the first, second and fourth Nondays of each month, the first Monday of each month to be a 7t30 p.m., meeting at which t/~ne the Council would ho~d its public hearings, effective September 1976, he presented same. Mr. Hubard moved that the Ordinance presently before Council be amended to provide that the public hearings would be held on the second Monday of the month instead of the first Monday effective September 1, 1976. The motion was seconded by}tr. Grove and adopted. Hr. Hubard then moved that the following Ordinance as a~ended be placed upon its first reading: {%23075) AN ORDINANCE to aauend and reordein Rule 1 Of Sec. 2. Chapter 4, Title II, of The Code Of the City of Roanoke, 1956, as ~mendedt relating to the regular meetings of the Council of the City of Roanoke~ end providing the effective date of this Ordinance. (For full text of Ordinence, see ordinunce ~ook No. The motion was seconded by Hr. Grove and adopted by the following AYES: Council me~bers Bowles, Grove, Hubard and Taubman ........ 4. NAYS: Councll members Garland, Thomas and May~r Taylor ......... 3. PERSONNEL DEPARTMENT: Councll having previously deferred action on a report of the City Attorney in connection with qualiflcatlons for appoint- ments to the Personnel Board of the city, recommending that clarification be made of the rule stated in Section 4, Chapter 13, Title II, of The Code of the City of Roenoke, 1956, as amended, and transm~tting an Ordlnence for Co~hncil~s consideration providing e more precise statement of the qualifica- tions needed for appointment to said Board. (For full text, see report as filed in the City Clerk's Office.) In view of the fact that Council just adopted a meastlre which would require that all future members to all authorities, board, commissions and committees be residents of the city, Hr. Hubard moved that the report be received end filed. The motion was seconded by Mr. Taubma~ and u~al%imously adopted. The City Manager ~ade reference to the fact that Hr. Jify Layman, a city employee and also a member of the Personnel Board, is not a city resident end ~nquired as to how this new requirement will affect Mr. Thomas stated that he would not m/nd considering indivldual cases from time to time, but the Ordinance which had previously been proposed by the City Attorney was too broad. 335 336 Rt. Hubard~oved that the City Attozne¥ be /nst~ucted to re~ort to Co~c~l at ~ts next ~egul~ ~et~ng on Hon~, Jul~ 12, 1~76, In ~efe~ence to ~ ~s non-~es~denc~, ~t~on ~as seconded bye. ~s and ~usly adopted. SCH~ Co~cil at its 1ask reeler ~eting having deferred action on a ze~t oE a c~ttee ap~inted to fecund furze fomt to be roll.ed ~ ap~ln~nt by Co~cil of ~ers to ~e ~oke City Sch~l Board~ the =e~rt ~as again before ~e {For full t~t, see re~zt as filed in ~e City Clerkts Office.) ~. H~ard olle~ed ~e foll~ln~ ~rgen~ Ordinance ~endin9 the City C~e by the addition of a new seckion providing ~e p~ed~e for election of school t~s2ees~ (~23076) ~ O~IN~CE ~o ~nd Chapter I of Title VII~ ~e City of Roanoke, 1956, as ~nded, containing general provisions relaxin9 ~e p~ltc sch~ls o~ ~e city, by ~e add/t/on of a new section providing the p~ocedu~e ~or elec~on of sch~l t~s2ees~ and providin9 ~o~ (For full rex2 of Ordinance~ see Ordinance Book Hr. H~ard moved ~e adoption of ~e Ordinance. The ~ion conded by ~. Ta~ and adopked by ~e foll~ino vo~e: AYES~ Cocci1 m~e~s Bowles, Ga~land~ Grove, H~a~d~ Th~s and Hayo~ Taylor ............................... ~YS~ Hone ................................. 0. In keeping wi~ ~e proced~e receded in the re~rt, ~. H~ard moved that said procedure be anno~ced at the Cocci1 meetings on Monday, July 12 ~d Monday, July 19 ~at the Co~ctl is receiving a~plications ~or t~ee vac~cies on the Roanoke City Sch~l Board for te~ of ~ee years each ending J~e 30, 1979~ ~at a p~lic hear~g to ~nterv~ew all applic~ts w~11 be held on We~esday, July 28, 1976, at ~:30 p.m., in ~e C~ty Cocci1 Ch~er~ ~d a~oin~ent of ~e t~ee m~ers w~11 be ~de by ~e Cocci1 at its reeler meeting on Monday~ Au~st 2, 19~6. The motion was seconded bye. Tarn ~an~ous~ adopted. I~ ~FE~D BUT STX~P~NG: ~e City Clerk ~resented a list of it~ referred but st~11 ~ending from August 18, 1975, to J~e 28, 19~6. (For full text, see list as filed ~n ~e city Clerk's Off~ce.} ~. H~ard moved ~at ~e ~ist be received and filed. The motion was seconded bye. Ta~ an~ ~an~usly adopted. CONSIDE~TION OF C~: NO~. ~N~0DU~ION~ CONS~D~T~ON OF O~I~CES ~D ~SOLUT~ONS: SCH~-ST~ETS ~ ~YS: Co~cll having previously ~ns~cted ~e City Attorney to prepare ~e proper meas~e providing for ~e appoin~ent of viewers relative to ~e proposed clos~g of a certain s~eet dedicated as a proposed ~t~sion of Dudd~g S~eet, S. W.~ a certain ~n~ed street border~g the nor~e~ bo~da~ of Wo~r~Wilson J~ior High Sch~l, ~d a fifty f~t alley, he presented s~ whereupon, ~. T~-~n offered ~e foll~ing Resolution: ([23077) A P~SOI,UTION pro¥id~ng for t~e pe~anent closingw d~scon- ~uing and ab~do~ of a certain s~ee~ n~ d~dica~ed as a p:o~se~ extension of Dudd~g S~ee~, S. ~. ~ a ce~n ~d s~ee~ ~hl~ bo~d~s no~ern bo~da~ of ~ ~llson ~lor H~gh ~ch~l as sh~ on the C~ty*s Tax ~praisal ~p ~o. 153~ ~d a fifty-f~h alley, sa~d streets and alley being sh~ on a plat on f~le In ~e Office o[ ~e C[t~ ~gineerl ap~[n2~g vipers to vie~ said s2reets and alley~ and providin~ for a p~lic hearing on the proposal. (For full t~2 of Resolu21on~ see Resolution ~k ~. T~-~-~ ~ved ~e adoption o~ the Resolution. The ~ot~on seconded b~ ~. Th~s and adopted h~ ~e foll~ln9 vote: AYe: CO~Cil m~rs ~wles, 6ari~d, Grove~ S~ard~ Tarn, Th~s and ~yor Taylor ............................. NAYS~ None ...............................0. T~S= Co~c~l hav~ng previously instructed ~e City Attorney to prepare ~e proper ~asure ~nd~ng ~e City c~e by ~e addition of a new section to provide that ~e t~ [~osed and lev~ed by ~e city upon purchasers of utility services on and after July ~, 19~ shal~ b~ seventeen a~d one-half ~r cent o[ ~e charge ~de by the seller against ~e purchaHer wi~ respect to each utility se~ce, he presented s~e~ whereupon, ~. Tarn moved that the following Ordln~ce be placed upon ~ts first reading: (S230~8} ~ O~IN~CE ~end[ng Chapter 3. Ut[lit~ se~ue T~ation, of th~ C~e of the City of Ro~oke~ 1956~ as ~ded, by the addition of a new section to provide that ~e t~ ~posed ~d l~vie~ ~y the City u~n ~chasers of utility services on ~d after July 1, 19~, shall be seventeen and one-half ~r cent of ~e charge ~d~ by ~e seller against ~e p~chaser with respect to each utility The ~t[on was seconded by ~. Th~s. ~. Ga=~ ~ged ~at ~e m~asure not be ~assed at th~ t~e~ but defer action ~t[1 April or ~y of 19~ in order for the Co~cil to be in a better pos~t~on to dea~ w[~ budgeta~ ~tters. A discussion was held relatlve to whe~er or not ~e tentative decision of Co~cil called for a 2%% ~ecrease over a per[~ of one year or 2%% each year over a period of four years, ~. H~ard o[fered a s~st[tute motion ~at the Ord[n~ce be referrea back to ~e C~ty Atto~ey for redraft~g to ~rov~de ~at the utility tax will be reduced by 2 ~% each year over ~e next fo~ years which, after that t~e, will reduce ~e t~ to t~n per cent, sa~d meas~e to be presented to Co~cil at ~ts re~l~ ~et~g on ~onday, July 26, 19~6. The motion was secunde~ hy ~. ~s and lost by ~e foll~ing vote: A~S= Cocci1 m~ers H~ard, Ta~ ~d Th~s ............. ~YS: Cocci1 m~rs B~les, Garl~d, Grove ~d ~yor Taylor-4. ~. Garland offered a s~stitute motion ~at action on the ~tter be ~elayed ~til J~e 1, 19~, at which t~e the Co~c[1 w~11 have received ~e ~ropose~ ~9~-~8 fiscal y~ar budget ~d w~ll be ~n ~ better ~os~t~on to judge bu~geta~ ~tters ~ur~g ~e c~ng year ~d perhaps 338 The motion vas seconded by l~rs. Bo~les an~ los2 b~ the £ollowing vote~ AYES= Council m~mhere Bowles, Garland and Hayer Taylor ....3. The origina! motion for adoption of Ordinance No. 23078 on its first reading was then adopted by the following vote= Mayor Taylor ......................................................... 6. NAYS= Council member Garland .............................. STATE HIGHWAYS-STREETS AND ALLEYS= Council having previously instructed the City Attorney to prepare the proper measure requesting that structiou in the City of Roanoke of the section of the Southwest Expressway whereupon, Hr. Te~t~an offered the following Resolution= (%23079) A RESOLUTION addressed to the Virginia Department of Highways and Transportation, requesting that most serious efforts be ~ade to program and reschedule, if necessary, construction in the city Of the (For full text of Resolutlon, see Resolution Book No. was seconded by Mr. Thomas and adopted by the following vote= Thomas and Mayor Taylor ............................... could be worked out. Hr. R. R. Quick advised that he has been told that Brandon Avenue is scheduled to be closed on August i and suggested that the city move as expeditiously as possible in meeting with the Highway Department officials The Assistant City Ha~ager advised that a meeting has bee/1 scheduled for Wednesday, July 8, 1976, and Hr. Quick and Mr. ~heelor will be notified accordingly. to the Operations and Publicity C~{ttee for the A~r~ort Appreciation Days for 1976 at Roanoke Mtt~icipal Air~ort, Woodru~Field, and request~g that appreciation be extended to other organizations end individuals which made Hr. Thomas offered the following Resolution: (~23080) A RESOLUTION extending ~he Council~s appreciation to the Operations and publicity Ccsnm~ttee for the ~Lt~portAppreciation Days for 1976 at Roanoke Hunicipal Airport, WoodrumFleld, and zequesting said Committee to convey the City's appreciation to other organizations and individuals which ~ade Airport Appreciation Days for 1976 a success. (For full text of Resolut~on~ see Resolution Book No. Hr. Thc~ts moved the adoption of the Resolution. The motion was seconded by ~r. Taubman and adopted by the following vote: AYES: Council members Bo~Ies, Garland, Grove, Hubard, Tauhnk~, Thomas and Hayor Taylor ........................... 7. NAYS: Hone .............................0o GARBAGE P~EHOVAL: Mr. Taubn~nmoved that the City Hanager be requested to investigate and report to Council any economies that could result in substantial savings to the city by consolidating and making more efficient refuse collection, specifically by putting into effect any portion of the alley, hackyard, or curbslde collection and that the City Manager further advise as to the estimate Of any potential savings which could result from contracting to indepon~ent contractors a portion of the refu~e collection. The motion was seconded by Mr. Hubard. Hr. Grove requeste~ that the motion also include information relative to what effect the present method of collectlng refuse in the alleys has on the safety situation Of the city. Messrs. Taub~an an~ Hubard accepted the above addition as a part Of their motion, and the motion as amended was adopted, Hr. Garland voting no. COMMITTEES-AIrPORT= Mr. Thomas presented a proposal for an amendment to a section of the City Code as it relates to the composition of the Airport Advisory Co~nlss£on so a~ to make flexible the number of members of said Comnds$~on hut to consist of not less than ~5 members, to include the City Manager, the Manager of the Airport Department, one or more members of the Council, such number of citizens as necessary to complete the membership of 15 a~d the Mayor as ex-officio. (This proposal would allow Messrs. David K. Lisk and James O. Trout, retiring Councilmen, to remain as oitlzen members of the Com~/ssion.) Hr. Th(~nas then offered the following emergency Ord£nance amending the City Code relating to the composition of the Airport Advisory Con~ission= (~23081) AN O~DINANCE to amend and reordai~ Sec. 3.1, Chapter 5., of Title V~I~, of The Code of the City of Roanoke, 1956, as amended, relating to the composition of the Airport Advisory Co~nission~ and providing for an e~ergencyo (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. ?he motion was seconded hy Hr. Garland and adopted by the followlng vote= 339 340. AYESz Council n~-mber8 Bowlee~ Ga~landf Grove~ gubard~ Taubman~ Thomas and Mayor Taylor .......................... NAYS: Hone .............................0. Mr. Nubard moved that the Mayor be requested to appoint a comm~ttee to study the question of cc~posttlon of the Airport Advisory C~ssionw said c~mm~ttae to submit e report to Council no later tha~ Tuesdayw September 1975, relative to any proposed changes. The mote. on vas seconded by Grove and unanimously adopted, CITY GO~T: Mr. Thomas noted that Hr. David K. ~.lsk, retiring Councllman~ has been an active member of the Sister City Program and moved that the C~ty Att.may be instructed to prepare the proper measure providing that Mr. L~ek will retain his position as a representative of the City of Roanoke to the Sister C~ty Committoe and he will also retain his status as Vice President of Sister Cities International. The motion was seconded by Hrs. Bowles and u~an J~nously adopted. AUTHORITIES, ~OARDS, CO~4ISSIONS A~D COM~XTTEES: The City Clerk presented the following list of certal~ authorities~ boards, com~ssions and committees wherein uertain terms of office expired on J~tne 30, X976, sa~d list including information as to whether or not the incu~bents are willing to continue to serve in their various capacities: Expiration of the three year terms of Hrs. A. B. Camper, Hessrs. Wayne R. LaFierre, Reg~/~ald E. Davis, David K. Lisk a~d Leighton N. Haley es me~bers of the Youth Co~=a~ssion on April 30, 1976. Mrs. Camper, Mr. LaPierre, Mr. Lisk and Hr. Haley - will serve F~plration of the two year terms of Messrs. W. Vernon Hicks, Percy T. Keeling and the .nc year ter~ of Mr. James R. Sprinkle as memb~r~ of the Revenue Study Coca, lesion on Jane 30~ 1976. Messrs. Keeling and Sprinkle - will serve Expiration of the three year ter~ of Mrs. Elisabeth M. Drewry and Mrs. ~ohn H. Morrow as members of the Roanoke Public Library ~oard on June 30, 1976. Mrs. Drewry and Mrs. Morrow - will serve Expiration of the one year term of Hr, K~nneth E. Trubue as a member Of the Roanoke Traffic Code Co~mlttce on June 30, 1976. Hr. Trabue - will serve Expiration of the three year terms of Messrs. Hampton W. Thomas, James O. Trout, John H. Parrott and David H. Woodbury as members of the Fifth Planning District C~{ssion on Jthne 30w 1976. Messrs. Thomas and Woodbury - will serve Expiration of the term of Mr. Nicholas F. Taub~an on the Cable Telcvisiou C~*ttee on June 30~ 1976. Mr. Taub~n - will serve Expiration of the one year terms of H~. Hable Green, Mr. Robert C. churchill, Mr. Charles A. Davis~ Ms. Ruth Anderson~ Mrs. Otis Ogden~ Hr. James W. Burks, Jr.w Hr. Frederick L. Bulbin, Hrs. Coanic D. Sm/th and Mr. Dennis Montgomery on July 1, 1976~ and expiration Of the term of Hr. Hampton W. Tho~s on J~tne 30, 1976, as me~bers of the CO=muntty Re,afl,ns Co~L~ttee. Hs. Green, Hr. Churchill, Mr. Davis, Ms. Anderson, Hrs. Ogden, Hr. Burke, Mr. Bulbin, Ms. S~th, Mr. Montgomery and Hr. Thomas - will serve Expiration of the one year terms o£ Hr. James H, Yeatts, ~am~e V. Vest, ~r. Zrio E. F~tzpatrick~ ~. Peter Wr~en~ ~. W. L. ~ell~ ~. Jo~ W. Creasy on July 1, 19~6~ e~ration o[ ~e te~ of ~. N~cholas F. Ta"~n on ~e 30, 19V6, as ~rs of ~e ~oke C~ty ~ts C~ssion. ~. Yeatts~ ~s. Vest, ~. F~tzpatr~ck~ ~. ~itwel~, '~. ~rat~on o~ ~e one ~ear te~ of '~. Jo~ H. W~lson~ Hew[tt~ ~. W~lll~ R. Herr~tt on July 1, 1976~ and e~Lrat~on of ~e te~ o[ ~essrs. W~II~ S. H~ard ~d N~cholas F. Ta~ on J~e 30, ~976~ as m~ers of ~e Jail Study C~ttee of the City of ~oke. ~. W~lson~ ~. ~derson, ~s. P~rkey, ~. Hew~tt~ Merrett, ~. H~ard ~d ~. Tarn - w~ll se~e ~iration o[ ~e o~e year te~ of Messrs. ~. Carl ~drews~ Charles N. Fre~, ~bert N. F~s~n and ~s. J~es R. Alv~s, Jr., on J~e 30, 1976j and ~ratlon of the ~. J~es '0. ~out on J~e 30, 1976, as ~ers of ~e M~11 Me,tarn Develo~eflt Co, tree. ~piration o~ ~e one year te~ of Messrs. T. L. Pl~kett~ Jr., Frank W. ~ers, Sr.~ ~d ~e Pres~d~t of the Ro~oke Bar Ass~at[on on J~e 30, ~9~6~ ~d ~rat~on o~ te~ of Messrs. Wi11~ S. Hubard and David K. Lisk on 30, 19~6~ as m~rs of ~e Regiona~ Co~ouse Co, tree. Messrs. Pl~kett, R~ers~ H~ard ~d Presid~t of the Ro~oke Bar ~s~ation - will ~iration o~ ~e one year te~ of ~. Carlton E. Saul~ ~r. J~es W. W[l[i~ ~s. ~ll~e B. Al~rgott~ and ~. Joseph Wars as m~rs of ~e Fair ~lo~ent Practices C~ittee on ~. Saul and ~s. Albergotti - wil~ Expiration of ~e one year te~s of ~. J. Carson 0uarles and ~. ~cy L. Edwards, Jr., as m~rs of ~e Ro~oke Center and Stad[~ Adv~so~ C~iss[on on J~e 30, ~9~6. (lnit~a~ te~ was for one year ending J~e ]0~ ~9~6, thereafter to be te~ of four years. } Messrsl Quarles and Edwards - w[l~ se~e Expiration o[ the one year te~ of ~. B. T. Fitzpatrick, ~. Jul[~ ~. Sacks, ~. K~er ~bb~ns, ~. Jack M. ~yk~ntz~ ~. Joseph H. Austin and ~. Jo~ W. ~obertson as m~ers of ~oke Tr~s~rtation MUSe~ Co--tree on July 1, 19~6. Messrs. F~tz~atr~ck, Sacks, Go~ykoontz, Austin ~d Ro~rtson - will Expiration of the te~ of ~. Juli~ H. ~ney~ ~. Harold Hoover, Fa~er M~chael Sc~ed a~ ~e Reveren~ ~oy C. Roberts ~s m~ers of the Steering Co~ttee - Citiz~s~ Task Force for Cr~e Pre- vent[on and S~al Developm~t on J~e 30, 19~6. Will[~, Fa~er Sc~ed and Revered Roberts - will E~irat~on of the one year t~ of ~e Director of Pla~ing Dish,ct C~{~s~on, ~. Vincent S. ~eeler, ~. Wi11~ L. Myers ~d ~. J. T. Hopkins as m~ers of ~e F[o~ Co~ittee on J~e 30, 19~6. D~rector of ~e Fif~ Plying Dis~ict Co~ssion, Messrs. Myers ~d Hopkins - will se~e ~[rat[on of ~e one year te~ of Messrs. ~ar Aylett B. Co1~, Harold Hardy, ~u~ L. Strauss, D~ L. ~derson, W[11i~ A. D~na ~a Earl B. Pullen as m~ers of ~e Housin~ Task Force C~ttee on J~e 30, 19~6. ~essrs. ~derson, D~ond, ~rdy ~d Pullen - will se~e ~pirat[on of ~e one ~ear te~ of ~s. Robb~e H. Burton~ Raleigh C~11, ~. Fr~ H. ~ys, ~. Charles W. Walker, ~. St~ley R. Hale, Miss Be~ice F. Jones and ~. Will~ A. Hewitt as m~ers of ~e H~ Reso~ces C~ttee on J~e 30, ~s. B~ton, ~. C~be11, ~. Walker, ~. ~le, Miss Jones 342 Expiration of the one year terms of Hessrs. Wlllia~ B. Poff and N. Carl Andrews as members of the Independence Bicentennial COmmission on June 30, 1976o Messrs. Poff and Andrews - will serve Expiration of the OhO year tells of ~r. Jack M. Goodykoont~, l~c. D. Mort Robertson, ~tr. Roberb No Flshbu~, Itt. Don C. £unze, ~r° Willis 14. Anderson and H~s. John M. Chnney as ~embers of the Museu~ Advisory Committee on June 30, 1976. H~. Kunze and H~s. Cheney - will serve Expiration of the one year term of H~o Paul C. auford, Jr., as a member of the Ronnoke Valley Regional Solid Waste Dis- posal Board on June 30, 1976. N~o Buford - will serve ~r. Eubard placed ~n nom~nation the n~mes of those Incumbents who are willing to continue to serve on the authorities, boards~ comn~ssions end c~ttees as above reported by the City Clerk. There being no further nominations, all Incumbents listed above were reappointed for terms as more fully set out in a book entitled, #Authorities, Boards, Commissions and C~{ttees,~ on file in the City Clerk's office by the following vote: FOR ALL LISTED INCUHBENTSt Council members Bowles, Garland, Grovot Hubard, Taubman, Thomas and Mayor Taylor ................... ~. The City Clerk was then instructed to compile a list of all vacancies for a~propriate action by the council at its next regular meeting. PEP~ONNEL= With reference to the vacancy on the Personnel Board created by the death of ~4r. W£11i~ C. Thomas, ~. Hubard moved that action on filllng sa~d vacancy be deferred tmtfl the regular meeting of Council on Monday, AugUst 2, 19~6. The motion was seconded by Mr. Tauhman and %u3enimously adopted. AUTEORITIES, BOA~DS, COMMISSIONS AND COMMITTEES: With reference to the Audit Committee, the Mayor nominated Messrs. William S. Hubard, Hampton W. Thomas, Robert A. Garland and Nicholas F. ~a~m~n for terms ending with their respective terms on City council. There being no further nominations, Messrs. Hubard, Thomas and Garland were reappointed and Mr. Tau~man was appointe~ as members of the Audit Committee by the unanimous vote of Council. AUTHORITIES, BOAI{DS, COMMISSIONS AND COMMIT~q']ES: Mr. Thomas nominated Messrs. Willlam S. Hubard and Nicholas F. Ta~m~n as members of the Water ~u~ourees Cn~{ttee for terms expiring with their respective terms on City Council." There being no further nominations, }{essrs. Hubard and Taubman were reappointed as m~mbers of the Water Resources Com~ttee by the following vote= FOR MR. HUBAPJ3= Council members Eowles~ Garlnnd, Grove~ Taubman, Thc~ae and Mayor Taylor ........................ 6. (Mr. Hubard not voting) FOE MR. TAEBMAN: Council members Bowles, Garland, Grove, Hubard, Thomas and Mayor Taylor .......................6. (Mr. Taubman not voting) There being no further business, the Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED Mayor II CO~NCIL, REGULAR MEETING, Monday, July 12, 1976. The Council of the C£ty o£ Roanoke met in regular meeting in the Council Chamber In the Municipal Building, City of Roanoke, on Monday, July 12, 1976, at 2 p.m., the regular meeting hour, wlth~a¥or Noel C. Taylor presiding. PRESENT= Council ~ers Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, Hampton W. Thomas and Mayor Noel C. Taylor ............ ABSENT= Council ~m~rs William S. Hubard and Nicholas F. Taubman ................................................................2 · OFFICERS PRESENT= Hr. Sam H. McGhee, III, Assistant City Hanager~ Hr. James N. Klncanon, City Attorney; }ir. James E. Buchholtz, Assistant City Attorney; Hr. A. N. Glbson, Director of Finance; and Hrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend David R. Boger, Pastor, Mov/lt Pleasant United Methodist Church. MINUTES= Copies of the minutes of the regular meeting held on Monday, June 21, 1976; the special meeting held on Monday, June 21, 1976; and the special meetings held on Wednesday, June 23, 1976, having been furnished each me~ber of Council on motion of ~r. Thomas, seconaea Dy Hr. Grove and aaopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS= NONE. PETITIONS AND COMMUNICATIONS: WATER DEPARTMENT: A Co~unication from Mayor G. W. Nicks, To~rn of Vinton, advising of the interest of Vinton in purchasing the Falling Creek Water supply and requesting to discuss this possibility with Council or the appropriate committee, was before the body. (For full text, see co~ntcation as filed in the City Clerk's Office.) Hr. Garland moved that the co~unicatton be referred to the Water Resources Committee for study, report and recommendation to Council. The motion was seconded by Mr. Grove and adopted. BUDGET-COMPENSATION BOARD: Council having previously, agreed to appeal the decision of the Compensation Board relative to the 1976-77 fiscal year budgets of the Constitutional officers, a COmmunication from ~he Co~pensatioa Board inviting Council and other interested parties to a meeting on Monday, August 9, 1976, at ll a.m., in Room 228, Finance Building, Richmond, Virginia, for a review of the salaries, expenses and allowances fixed for the Office of the Attorney for the Commonwealth, Treasurer, Commissioner of Revenue and Sheriff for the fiscal year beginning July 1, 1976, was before Council. {For full text, see communication as filed in the City Clerk'e Office.) Hr. Thc~s moved that the co~a~unicatlon be received and filed. The motion was seconded by Hrs. Bowles and adopted, 343 344 STP. EETS AI~ ALLEYSz An application from ~'. ~oseph P. Bounds, Attorney~ representing York Forest~' and I~nd Company, requesting that a certain portion of a twelve foot alley lying and adjoining Lots 1 and 2 and Lot 27~ Stratford Court Map, be vacated, discontinued and closed~ was before Council, (For full text, see application as filed in the City Clerk's Office.) Hzs. Bo~les offered the following Resolution appointing viewers in connection with the request: (~23082) A RESOLUTION providing for the appointment Of three viewers in connection with the application of the abutting lundc~ner to permanently vacate, abandon, discontinue and close a certain alley located in Block 1 of the Stratford Cou~t Subdivision Hap, lying between Lots 1 and 2 and between Lot 27, the said LOts being further identified by Roanoke City Official Tax Numbers as Lot 1 being No. 1250309; Lot 2 being No. 1250308; and LOt 27 being No. 1250319; which said Lots are now owned by the York Forestry & Land Company, Inc. (For full text of Resolution, see Resolution Book No. Hrs. Bowles moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Thomas and ,.layor Taylor ................................. 5o NAYS: None ........................ 0. (Council members Hubard and Taubman absent) Hrs. Bo~les moved that the request be referred to the City Planning Connnission for study, report and recomendation to Council. The motion teas seconded by Hr. Garland and adopted. P~EPORTS OF OFFICERS: BUDGET-GPJ~TS-CO~REHENSIVE EHPLOI~iENT AND TI~INING ACT: The Assistant City Hanager submitted a mitten report advising of notification by the Department of Labor that CETA Grant No. 51-5-204-32 Hodiflcation No. 604, 1976 Sunnner Youth Employment Program Title III, has been increased by $402,815.00 for utilization in the 1976 Sumiaer Youth Emplo!rment Pro, ram, and recommending that said amount be appropriated to Grant Program No. 996. (For full text, see report as filed in the City Clerk*s Office.) Hr. Grove offered the following emergency Ordinance appropriating the requested funds~ (123083) AN ORDINANCE to a~end and reordain the City of Roanoke~s 1976-?? Grant Progra~ Account, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the followlng vote: AYES: Coancll members Eowles, Garland, Grove, Thomas and Mayor Taylor ..................................... NAYS: None ...................... 0. (Councll members Hubard and Tat~hm~ absent) BUDGST-GRANTS~CO~PRE~ENSIFE EMPLOYMENT ~ T~NING A~: The ~siat~t City ~ager s~tted a writt~ re~rt advis~g of notification by the ~par~ent Of ~= that C~A Gr~t No. 51-5-204-10 M~lfication 607 Title ~, has be~ l~creased by ~299,983.00, representing tr~sitiona~ f~ds for July 1~ 1976~ t~ough Septet 30~ 19~6~ and recanting ~at said ~t Lo Grant erogr~Acco~t No. 985. (For full text~ s~ re~rt as filed ~n ~e C~ty Clerkts Off,ca.) ~. Garland offered ~ fo~l~ng ~rgen~ Ordin~ce appropriating ~e rec~de~ f~ds= (~23084} ~O~I~CE to ~d ~d reorda~ ~e C~ty of Ro~oke~s 1976-77 Grant Pr~r~Acco~t, an~ prov~ding for an ~erg~n~. (For full text of Ordinance, see Ordinance ~ok ~. Garl~ moved the adoption of the Ordinance. ?he motion was s~con~e~ by Mrs. B~les and adopted by ~e foll~ng vote= AYES: Cocci1 m~ers Bowles~ Garlan~ Grove~ Th~s an~ Taylor .................................... ~YS= None ..................... 0. (Co~cll m~ers H~ar~ an~ SCH~-ST~TS ~D~YS= Co~ci~ having r~ferr~ to the C~ty H~ager an~ the City Pla~ng C~ss~on ~or study~ report an~ reco~ndation requests of ~e Roanoke C~ty Sch~l Boar~ that Co~cil close ~e access drive extending fr~ Blenhe~ Road to ~e intersection of ano~er access drive ~ed~at~ly ~n front o~ ~leigh Court E~enta~ Schwa, an~ ~at deC,cate a port,on o~ Shrine H~ll Park for sch~l p~po~es~ ~e City~ager s~ted a written re~rt advising ~at he conchs wi~ ~ closing access ~r~ve, but for stated reasons ~e dec~slon of whe~er or not to close ~e dr~ve should ~e w~ ~e Sch~l Boar~, and r~c~nd~ng ~at Co~c~l concur wi~ the V~ational School s~te as reco~en~ed~ upon c~rta~n te~ an~ condltlon~. (For fu~l t~t, see report as f~ed ~n the C~ty C~erk~s Off~ce.] The C~ty Plying Co~ssion s~itte~ a written r~9ort also recording approval of the re~e~ts. (For full text, s~ report as filed ~n ~e City Clerk's ~. ~s move~ ~at Co~cil conc~ ~n ~e re~rts, receive and fi~ s~e~ ~d ~s~ct ~ Ctty A~to~ey to prepare ~e proper meas~e in accord~ce w~ said reports. ~e motion was seconded bye. Garland and adopted. G~TS= The Asstst~t C~ty Manager s~tt~ a ~itten report reco~end- ing au~or~zatlun to fo~ard to the Fif~ Pla~ing District Co~ssion a stated l~st of law enforc~t gr~t proposals in priority order wi~ ~e rec~dation ~at they be ~nclu~ed ~n ~e FY 77 Regional Cr~nal Justice Plan. (For ~u~ text, see re~rt as f~le~ in ~e City Clerk's Off~ce.) ~. Tho~s move~ ~at Cocci1 concur in ~e report. The motion was seconded bye. Grove ~d adopte~. 345 3~6 WATER DEPAR~4ENT-SEWEP~ AND STOP~ DRAINSz ~e ~sis~t City recanting ~t the 1~ b~ o~ Morelan~ Ch~cal C~y~ Inco~rate~, ~n the ~t of $15.25 per 100 ~ds for 150 lb. ~lin~ers of lipid chlorine ~d $8.89 per 100 ~ds for 2000 ~b. ~lnders o~ li~d chlorine, for use of ~e Water ~par~nt an~ Sewage Trea~nt Pl~t ~ng ~lsca~ 1976-77~ be accepte~ · {For full text, see re~rts as filed ~n ~e City Clerk's Off,ce.) ~. Th~s offered ~e foll~ng ~rgen~ Ord[n~ce accepting ~e proposa~ of Hore1~d Ch~cal C~y, Inco~ra~ed~ {S2308~) ~ O~I~CE au~oriz~ng ~ p~chas2 of supplies o[ l~qu~d chlorine to ~e C~ty~s Water Depar~ent and to ~e Sewage Trea~ent Plant ~or the per~ b~g~g July 1, 19~6~ ~d ending J~e 30~ 19~, upon certain te~ an~ provisions, by accepting a certa~ b~ ~e to the City~ rejecting certain o~er b~ds~ and provid~ng for an ~ergen~. (For full text of Or~nance~ see Ordinance ~ok No. ~. Th~s moved ~e a~opt~on of ~e Ord~n~ce. ~e motion was seconded by Mrs. B~s and adopted by ~e fo11~ng vote= AYe= Cocci1 m~rs B~les, Garland~ Grove, Th~s and ~yor Taylor ................................. 5. NAYS: None ..................0. (Co~cil m~ers H~ard an~ Ta~ absent) PE~ON~L= Co,oil having previously re~este~ ~e City Atto~ey to s~t a report relatlve to residen~ requir~ents for m~ers of ~e Perso~el Board, the City Attorney s~tted a written report, advising ~at the two m~ers who had previously lived outside ~e city l~ts are n~ city residents due to a~exatlon, and again reco~ded ~at clarification of ~e rule state~ in Section 4, Chapter 13, Title II of ~e City Code be considere~ by Cocci1 as contained in his J~e 21 report. (For full text, see report as filed In ~e City Clerk's Office.) Mr. Tho~s state~ ~at ~. H~ard had previously inquire4 about ~is ~tter an~ advised ~at he does not ~i~ ~e re~rt e~lains what ~. H~ara had in ~nd, ~d moved ~at action o~ ~ r~ be deferred ~til ~e re~1ar meeting of Co~ci~ on Monday, July 26, 1976. The motion was seconded by ~. Grove and adopted. ~S: The City Atto~ey s~tted a ~itt~ report tr~tting ~ Ordnance au~orizing ~e Director of Fin~ce to negotiate ~d sec~e short te~ lo~s d~ing ~e c~rent fiscal year, advising ~at ~is Ordin~ce differs fr~ the meas~e of 1975-76 in ~at notes specified to evidence such borr~gs would not be required to contain rese~ation ~y ~e city of ~e right to ~ticipate pa~ent of the obligations prior to ~t~ity date s~ted on ~e notes, and ~at ~e pu~oses of such bottlings would be l~ted to c~rent e~enses an4 d~ts of the city pay~le out of ~e General F~d ~ wo~14 not include debts incite4 in the ~rov~ent of ~e Sewage Trea~ent Plant. (For full text, see re~rt as filed in ~e City Clerk's Office.) ,! PLr. Grove offered the follow£ng emergency Ordinance &uthorizlng the negotiation of the shortoterm loans for the purpose of paying the current expenses or debts of the city= (%23086) 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 Resolution Book No. Mr. Grove moved the adoption of the Resolution. The motion was seconded by Mr. Thomas and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Thomas and Mayor Taylor ..................................... NAYS= None ...................... 0. (Council members Hubard and Taubman absent) AUTHORITIES, BOAI{DS, COMMISSIONS AND COmMITTEES= The City Attorney submitted a written report advising, in view of Council's adoption on July 6 of an amendment to Chapter 4. Title EX of the City Code adding a new section which among other things provides for establishment of certain permanent c~nmittees including the Audit Cormmfttee, that Chapter 4.1, Title V of the City Code, which contains previous provisions for the Audit Co, tree, should be repealed and transmitting an Ordinance to accomplish same. (For full text, see report as filed in the City Clerk's Mrs. Bowles offered the followlng emergency Ordinance: {%23087) AN ORDINANCE repealing Chapter 4.1. Audit Con~ittee, of Title V, of The Code of the City of Roanoke, 1956, as a~ended, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. ThOmaS and adopted by the follow£ng vote: AYES: Council members Bowles, Garland, Grove, Thomas and Mayor Taylor ...................................... 5. NAYS: None ......................0. (Council me~bers Hubard and Ta-~n absent) A~BULANCES= The C£ty Attorney submitted a ~rrltte~l report in con~ection with the application of Mr. aobert A. Gray for a certificate of public convenience a~d necessity for operation of an ambulance service in the city, transmitting excerpts from Chapter 4, Title XXX, of the City Code setting out the procedures to be taken in connection with such application and also a ~esolution appropriate for fixing a time and place for the required public hearing, provided additional necessary ~aterial from Mr. Gray is available at this time. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland offered the following Resolution setting a publlc hearing on the request for ~=30 p.m., Monday, July 26, 1976, in the Council Chamber: (~23088) A ~ESOLUTION fixing the tf~e and place for hearing an applicant for issuance of a certificate of public convenience and necessity to operate an ambulance service in the City. 347 (For full text of Resolutlon~ see Resolution Book No. Hr. Garland moved the adoption of the Resolution, The motion was seconded by Mr. Grove and adopted by the following votaz AYESz Council members Bowles, Garland, Grove, Thomas and Mayor Taylor ............................... 5. ~A¥S~ None ................ 0. (Cooncll men.ers Hubard and Taul~aan absent) The City Attorney Inquired as to whether or not his office is to act as attorney for ~r. Gray, that this has not been done for other such requests in the past, whereul~n, the Mayor advised that Hr. Gray may not be aware of this and requested that the City Attorney so lnfor~ h~m. BONDS-$CHOOLS-JA~L-pARKXNG ~RAGE: The Director of Finance s~mitted a written report advising that the city will receive approximately $22,000,000.00 in proceeds from the recent bond issue and, tn order that the city receive competitive bids for investment of these funds, It is requested that Title V. Chapter 3, Paragraph 2 Of the City Code be amended to provide that investment of excess cash in Certificates of Deposit be purchased from banks qualified u~der the Virginia Security for Public Deposits Act Of 1973, which will extend the area of investment generally to those banks anywhere in the State of Virginia covered by said Act. {For full text, see report as filed in tha City Clerk's Office.) Mr. ThOmas ~oved that the re~ort be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Garland and adopted. BUDGET-AZP~ORT-AUDITORIU~I-COLISEU}{-SEWERS AND $TO1~4 D~AINS-WATER DEPARTMENT: The Director of Finance submitted a written report transmitting Ordinances to carry over into the 1976-?? fiscal year certain encumbrances end accounts from the 1975-76 fiscal year. (For full text, see re~ort as filed in the City Clerk's Office.) The Director of Finance explalned that these Ordinances are enterprise funds having to do with projects that were in process et the end of the flees1 year, that encumbrances are not automatically carried over, end this, in effect, brings certain bookkeeping matters up to date. Hr. Garland offered the followlng emergency Ordinance makin~ certain appropriations to the 1976-77 Mu/licipal Airport Fu~d Appropriation Ordinance: ($23089) AN ORDZNA~CE to a~nend and reordain certain sections of the 1976-?? Munlcipal Airport Fund Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by }ir. Thomas and adopted by the followin~ vote: AYES: Council member~ Bowles, Garland, Grove, Thomas and Mayor Taylor ................ E .............. 5 ' NAYS: None ................. 0. (Council =~-mbera Hubard and Taubma~ absent) Hr, Garland offered the £ollo~lng emergency ordinance making appropria- tions to the Civic Center Fund ApprOpriation Ordinance: (~23090) Alt ORDINANCE tO amend and reordain certain sections of tho 1976-77 Civic Center Fund Appropriation Ordinance~ and providing for an {For full text of Ordinance, see Ordinance Book No. Hr. G&rlandmoved the adoption of the Ordinance. The motion was seconded by ~r. Grove and adopted by the following vote: Taylor ................................ 5. ~AYS: None .................0. [Council members Hubard and absent). Mr. Grove offered the following emergency Ordinance making appropria- tions to the Sewage Treatment Fund Appropriation Ordinance: (125091) AN ORDI~iANCE to amend and reordain certain sections of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, and providing seconded by Mr. Garland and adopted by the following Vote: Taylor .................................. NAYS: None .................... 0. (council members Hubard and Taubman absent) (%23092) AN ORDINANCE to amend and reordain certain sections of the 1976-77 Water Fund Appropriation Ordinance, and providing for an seconded hy Mr. Garland and adopted by the followlng vote: Taylor .................................. 5. absent) (For full text, see report as filed in the City Clerkts Office.) Mr. Thomas offered the followlng emergency Ordinance providing for 349 350 (J23093) AN OP~IHANCE tO amend and reordain certain sections of tho 1976-77 Appropriat~on o~dinance~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hro Thomas moved the adoption of the Ordinance. The motion was seconded by ~r. Grove and adopted by the follo~ing vote= AYES= Councllme~bere Bowles, Garland, Grove, Thomas and H~yor Taylor ................................ 5o NAYS= None .................. 0. (Council members Hubard and T~-hm~ ~bsent) ~r. Th~nas offered the following emergenc~ Ordinance provid~ng for certain increases in ~e Refuse Collection, Police Department and Fire Department accounts and a certain decrease in the Revenue Sharing Trust Fund: (~23094) AN O~DINANCE to amend and reordatn certain sections of the 1976-77 Appropriation Ordinance, and providing for an ~mergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hrs. Bowles and adopted by the following vote~ AYES= Council me~bers Bowles, Garland, Grove, Thomas and Hayer Taylor ........................................ 5. NAYS: None .......................... 0. (Co=ncil members Hubard and Taubman absent) REPORTS OF COHMITTEES: NONE. UNFINISheD BUSINESS: SCHOOLS= Pursuant to a procedure prevlously adopted by Ordinance of Council relative to applications for appointment to the Roanoke City School Board, the City Cle=k advised that the Co~cil is now receiving applications for three vacancies on the Roanoke City School Board for terms of three years each ending June 30, 1979, that applications ~ay be obtained in the City Clerk's Office between the hours of 8=00 a.m., and 5=00 p.m., Monday through Friday, and the Councll will hold a public hearing on Wednesday, July 28, 1976, at ?:30 p.m., in the Council Chamber for the purpose of interviewing all applicants. Hr. Garland moved that the verbal report be received and filed. The motion was seconded by Hr. Thomas a~d adopted. CONSIDERATION OF CLA/HS= NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: A~RPORT= Ordinance NO. 230?0 repealing 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 ~mended, having previously b~en before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hrs. Bowles offering the following for its second reading and final adoption: (%23070) AN ORDINANCE repealing 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 ~mended. (For full text of Ordinance, see Ordinance Book No. -! H~s. Bo~lesmoved the adoption of the Ordinance, Tho motion was seconded by ~ro Grove and adopted by the following vote: AYES: Council members Bo~les, Garland, Grove, Thomas and Hayor Taylor ...................................... 5. NAYS: None .......................0, (Council me~bers Hubard and COUNCIL: ordinance No. 23075 ~mending and reordaining Rule 1 Of Sec. 2~ Chapter 4~ Title II, of The Co~e of the City of Roanoke, 1956, as amended, relating to the regular meetings of the Council of the City of Roanoke, having previously been before Council for its first reading, read and adopted on 1ts first reading and laid over, was again before the body. u~til the regular meeting of Cok~cil on Monday, July 19, 1976. The motion was seconded By Hrs. Bowles and adopted. TAXES: Ordinance No. 23078 adding a new section tO The Code of the City of Roanoke, 1956, as amended, to provide that the tax ~posed and levied by the clty upon purchasers of utility services on and after July 1, 1977, shall be seventeen and one-half per cent of the charge made by the seller against the purchaser with respect to each utility service, having previously for 1ts second reading and final adoption: (%23078) AN ORDINANCE amending Chapter 3. Utillty service tax, Title VI. Taxation, of The Code of the City of Roanoke, 1956, as amended, by the addition of a new section to provide that the tax imposed and levied by the be seventeen and one-half per cent of the charge mede by the seller against the purchaser with respect to each utility service. (For full text of Ordinance, see Ordinance Book No. seconded by Hrs. Bowles and adopted by the following vote: (Council members Bubard and Tat~ul absent) CITY GOVEP~NT: Council having previously directed the City Attorney (~23095) A RESOLUTION designating the Honorable David K. Lisk as an offfcial representative of the City of Roanoke in the organization of (For full t~xt of Resolution, see Resolution Book No. 352 ~o Thomas moved the adoption o£ ~he Resolution, The motion was seconded by }tr. Grove and adopted by ~e foiling AY~ Co~c~l~e~s ~les, Garl~d, G~ove~ Th~s Taylor ................................. 5. NAYSt None ................... 0. (Co~c~l ~ers H~ard and Tarn ~sent) C~TIONS~ ~s. ~les o~fe~e~ ~e foll~ing Resolutfon co~ndfng ~e ~y persons and org~zations of ~e ~oke Valley c~lty for arr~g~g and for participating In and celebrating ~e Ro~oke Valle~'s B~cente~al Inde~ndence Day activities= (~23096) A ~SOLUT~ON c~nd~g ~ ~y ~rsons ~d org~zat~ons of the Roanoke Valley c~lty for arr~ging and for part~c~pating ~n and celebrating ~e Ro~oke Valley~s B~c~te~ial ~ndependence Day activities. ~For full text of Resolution, see Resolution B~k No. ~s. B~les moved the adoption of ~e Re~olutio~. The ~tion was seconded bye. Garland and adopted by ~e foll~[ng vote= AY~ Cocci1 n~ers ~les~ Garl~d, Grove~ Th~s and~yor Taylor ................................ NAYS= None .................O. (Co~c~l ~ers H~ard and Ta~ absent} M~'IONS ~ MISC~EOUS BUSINGS: CI~ ~Y~S-CO~CIL-CO~I~ES= ~. Tho~s presented a tEon advising ~at ~e City of Roanoke has enco~tered a series of isolated ~rsonne[ ~tters rec~tly whEch ~hen considered individually ~us~, out of necessity, be de~ed a~nistrative ~tters in keeping wi~ ~e City ~ager concept ~ 1~al gove~t, that ~fort~ately, ~e c~ulatEve effect of ~ese hdividual a~istrative decisions has pr~uced a cl~te of deteriorating ~ployee morale, legal confrontations, ~loyee dEs~5sals and resignations to ~e point where he, as o~e m~er of Co~cil, Es seriously concerned, that he feels a poli~ question is involved a~d ~is polE~ ES of conce~ bo~ ~alysEs ~d solutEon to ~e citizens of ~e City of Ro~oke, ~erefore~ he Es request~g ~at ~e Mayor appoint a c~ttee of ~ee m~ers of Co.cE1 to meet WE~ the City Manager at once to ga~er facts and ~e reco~endations back to Co~cil as s~n as ~o~sEble regarding ~e ~li~ aspect of thEs most urgent~tter. (For full text, see co~ication as filed En ~e City Clerk's office.) In presentEng hEs co~icatfon, ~. Th~s verbally advEsed if the c~ttee Es appointed Et would not be l~ted just to the City ~ager, but to any o~er city officials ~e Co~cil chooses to meet w[~ and he would finvEsion ~at ~is c~ttee would not.et ~ closed session ~less ~solutely necessa~. Mr. Th~s ~en moved ~at ~e~yor be au~orized to appoint such a c~ttee and ~at ~e meetings of ~e c~ttee be open to the p~lEc at all t~es if possEble. ~e ~tion was seconded by ~. Garland. Mr. Garland stated that in any event he Intends to support the motion~ however~ since two ~mhera of council are absent~ he thinks it might bo in order to carry the matter over until a full CoUncil ia present. Mr. Grove stated that he too shares Mr. Garland~s opinion in that he would prefer that action of this type be taken with the full Cotulcil and the City l tanager present, that a move of this type could be misinterpreted by the citizens as being a move made in haste while certain members of Council are gone and he thinks lt would be better received if the full Council is present. Hr. Thomas advised that the seriousness and urgency of the matter requires Council to move forWard as soon as possible, that any deliberations of the eo~o~ittee will come back to Council for rec~endatton and agreement or disagreement by the whole Council, that the ~atter cannot be delayed for three weeks awaiting the return of the two absent Council members and the City Manager, that city government cannot stop running because one or more me_~bers of Council are away and urged that the Council t~ke immediate action in the appointment of such a committee. The Mayor stated that if ~r. Thomas~ coI=nunication is carried over for three weeks, there is no guarantee that all members Of Council will be present at that time, that the business of the city must go on, that the whole Council will have an opportunity to review the recommendations of the committee before any official action is taken and added that in his absence he would expect the Council, in its wisdom, to carry on the business of the city. The motion was then adopted by the following vote= AYES= Council members Bowles, Garland, Grove, ThOmas and Mayor Taylor ............................. NAYS= None ....................0. (Council members Hubard and Tauhman absent) The Mayor ap~ointe~ Council me~bers I~ton W. Thomas, Chairman, Elizabeth T. Bowles and Robert A. Garland as members of the committee. A~fHORITIES, BOARDS, CO~iSSIONS AND CO~HITTEES= The ~yor advised of vacancies and expirations on various authorities, boards, co~missions and co~nittees. (For full t~xt, see list aa prepared hy the city Clerk under date of July 12, 1976.} Relative to the appointment by the }layer of two Council members to the Airport Advisory Commission, the Mayor appointed CounciLmen Nicholas F. Tat~hmsn alld Lucian Y. Grove, and also appointed Mr. Ta~Bm~n as Chairman of the Airport Advisory Com~Ltssion. Relative to a vacency on the Co~nunity Relations Committee created by the resignation of the Reverend E. Benison sanders for a term ending June 30, 19~?, Mr. Grove advised that Mr. Hubard had previously nominated the Reverend Willia~G. Hock and moved that the nomination b~ referred to the Co~nunity Relations Committee for its consideration. The motion was seconded by Mr. Thomas and adopted. 353 354 Relative to the appointment o£ a member of Council as liaison to the Roanoke Civic Center and Stadium Advisory C~mission, the Hayor advised, with the concurrence of Council, he would like to appoint Mrs. Elizabeth T. Bo~lee to the Roanoke Civic Center and Stadium Advisory C~mtssion to replace retiring Councilman DaVid K. Llsk. Relative to the appointment of a member of Council to the City of Roanoke Redevelopment and Housing Authority to serve aa liaison, the Mayor advised, with the concurrence of Council, he would like to appoint Mr. Lucian Y. Grove to replace retiring Councilman David K. Lisk. Relative to a vacancy on the Roanoke Transportation Museum C~mm~ttee created By the death of Mr. Frank B. Mundy for a one year term ending June 30, 1977, Mr. Garland placed in nom~nation the name of Mr. Dan L. Anderson. There being no further nominations, Mr. Dan L. Anderson was elected as a member of the Roanoke Transportation Museum C-m~ttee for a term of one year ending June 30, 1977, by the following vote: FOR MR. ANDERSON: CoUncil members Bowles, Garland, Grove, Thomas and Mayor Taylor ................................ 5. (Counell mennbers H~bard and Ta,~h~a~ absent) Relative to the expiration of the one year term of Mr. Lothar Mermel- stein as a me~ber of the Housing Task Force Con~lttee on June 30, 1977, the Mayor advised, with the concurrence of Council, he would like to appoint Mr. William G. Kuthy for a one year te~ ending June 30, 1977. Relative to the appointment of two members of Council to the Wiley Drive Committee, the Mayor advised, with the concurrence of Council, he would llke to appoint Council members Lucian Y. Grove and Nicholas F. Taubman to replace retiring Councilmen David K. Lisk and James O. Trout. Relative to the appointment by the ~layor of a member of Council to the Central Roanoke Development Foundation, Incorporated, for a term ending May, 1977, to replace retiring Council member David K. Lisk, the Mayor advised, with the concurrence of Council, he is appointing Mr. Nicholas F. Tauhman. Relative to the appointment of a member of Council to fill the unexpired term of Mr. David K. Lisk on the Local Highway Safety Commission for a term ending October 31, 1978, the Mayor advised, with the conckkrrence of Council, he is appointing Council men~ber Robert A. Garland. {According to a communication from Mrs. Alice P. Tice, Secretary of the Highway Safety Commission, a member of Council must occupy this position. } Relative to the appointment of a member of Council to the Fifth Planning District Commission for a term of three years ending June 30, 1979, to fill a position vacated By retiring Councilman James O. Trout, the Mayor advised, with the concurrence of Council, he is appointing Council member Elizabeth T. Bowles. Council having previously been advised that the one year term of Mr. Peter Wreden as a member of the Roanoke City Arts Commission expired on June 30, 1976, the Mayor called for nominations to fill the vacancy; whereupon, Mr. Garland placed in nomination the name of Mr. Wreden. There being no £u~ther nc~lnations, H~o Peter Wreden vas reappOinted as a ~her of ~e R~noke City ~ts'C~ssion for a te~ endin~ ~e 30~ 1977, b~ the foll~[nq vote~ FOR ~. ~ Co~c~l m~s ~le~ Ga~l~d~ Grove~ Th~s and ~yo~ Taylo~ .........; ............. 5. (Co~cil ~rs H~ard and Tarn Co~cil having also be~ advised ~at ~e one year te~ of ~. ~bbins on ~e R~noke T~s~tation Huse~ C~ittee e~ired on J~e 30, 1976, ~e ~yor called fo~ n~nations to fill ~e vac~; ~he~eu~n, ~. placed In n~nation ~e n~ of ~. ~bbins. There being n~ f~er n~nat~ons, ~. ~ ~bb~ns was as a m~e~ o[ ~e Roanoke ~rans~rtatlon Hu~e~ C~thee for a one year ending ~e 30, 1977, by the [oll~ng FOR ~. ~BBINS: Co~cil m~rs ~wles, Garland, Grove, Th~s and ~yor Taylor .........................5. (Co~cil m~rs H~ard and ~sent} Co~cll having also been advised ~at ~e one year te~ of Messrs. ~orge L. Pitzer ~d Vincent S. ~eeler as m~ers of the FI~ Plain Co~ittee ~ired on J~e 30, 1976, the Mayor calle4 for n~inations to fill ~e vacancies; whereu~n, ~. Garland placed in n~nation ~e n~s of Messrs. Pitzer ~d There being no f~er no.nations, Messrs. George L. eitzer ~d Vincent S. ~eeier were reappointed as m~ers of the Flo~ Plain C~ittee for one year te~ endin~ J~e 30, 1977, by the following vote: FO~ ~SS~. ~I~ZZ~ ~ ~E~R: Co.oil m~ers ~wles, Garland, Grove, Tho~s and Mayor Taylor .................S. (Co~cil ~erz B~ard Ta~ ~sent) Co=cji having also ~en advised ~at the one year te~ of ~. J~es E. Cart as a m~er of ~e Fr~chise Study C~ttee ~ired on J~e 30, 1976, the Mayor called for n~inations to fill ~ vac~; wnereu~n, ~. Garland place~ in no~atlon ~e n~e of ~. Cart. There bein~ no fur~er n~nations, ~. J~es E. Cart was reappointed as a m~er of the Franchise Study C~ttee for a te~ of one year endin~ J~e 30, 1977, by ~ foil~in~ vote: FOR ~. ~: Co~cii m~rs Bowles, Garl~d, Grove, ~d Mayor Taylor .....................5. (Co~cil m~ers H~ard and Ta~n abaft) Co=cji having als~ been advised ~at ~e one year te~ of ~. Fr~k Mays as a m~er of the B~ Resources C~ittee e~ired on J~e 30, 1976, ~e ~yor called for n~nations to fin ~ ~ac~; .n~r~.~n. ~. placed in n~nation the n~e of ~. Mays. There being no f~er n~nations, ~. Fr~k ~. Mays was reappointed as a ~er of ~e H~ Resources C~ittee for a one year te~ endin~ J~e 30, 1977, by the roll.lng vote: 355 356 FOR MR. HA¥Sz Councll me.~bers Bowles, Garland, Grove, Thc~a8 ~ ~yo~ Ta~lo~ ........................5. (Co~c~l ~s H~a~d ~d Ta~ ~sen~) CO~C~I having also been ~dvlsed ~a~ ~e one yea~ ~e~ of ~. Fls~n as a ~ of ~e H~lZ Holbein Develo~ C~ee e~red on 30~ 1976~ ~e ~or called for n~na~ions ~o fill ~e vac~i whereu~n~ Garl~d placed In n~nat~on ~e n~ of ~. There being no f~er n~nations~ ~. ~rt N. Fls~ was as a m~r of the Mill Mo~ln D~velo~ent C~ttee for a tern of on~ year ending ~e 30, 19~ by ~e foll~ing votel FOR ~. FIS~U~ Co~cll m~rs ~les~ Garl~d~ G~ove~ ~d ~yor Taylor .................... 5. (Co~cll ~ers H~ard and T~ob~an Co~uil having also been advised that ~e one year te~ of Messrs. Robert N. Fls~n and Willis ~. ~derson as m~rs of ~ ~use~ Adviso~ C~tttee e~ired on J~e 30, 19~6, the Mayor called for n~nations to ~e vac~ctes~ whereu~n, ~. Garl~d placed in n~natton ~e n~es of Nessrs. Fis~n and ~derson. There being ~o fur~er no~nations~ Messrs. Ro~rt N. Fis~n ~d Willis M. ~derson were reappointed as m~ers of ~e Muse~ Adviso~ co~ittee for te~ of one year each ending J~e ~0, 19~ by ~e foll~ing vote= FOR ~S~. FIS~U~ ~ ~DE~ON= Co~=il m~ers Bowles, Garl~d~ Grove, Th~s and Hayor Taylor ................. 5. (Co,oil m~rs H~ard Tarn ~sent) O~R H~INGS OF CITIZ~S= CI~ GO~T-C~B~TIONS~ ~. Garland moved that ~e City Atto~ey be instructed to prepare ~e proper meas~e ~ressing appreclat~on to all ~ose persons involved in car~ing out arr~g~ts for the rec~t Won~u Day celebration. The motion was seconded by ~. Tho~s and adopted. There being no fur~er business, ~e Mayor declared ~e meeting adjourned. ATTEST: City Clerk APPROVED COUNCIL~ The Council o[ the City oE Ro~nokez~t ~n ~egular meeting in the Co~cil Char Xn ~e ~clpal Bu~ld~ng, c[t~ o~ Ro~oke, on ~on~, ~ul~ 19, 1976, at 2 p.m., ~e regular ~etlng ho~, w~ ~yor N~I C. Taylor prasid~g. P~S~T~ Co~cil ~rs Eliz~ T. B~les~ Ro~rt A. Garland, Luc~ Y. Grove~ H~ton W. ~s~ ~d Mayor N~I C. Taylor ......... ~S~= Co~c~l m~ers W~I[~S. H~ard and N~cholas F. Tarn .............................................................. 2. OFFIC~ P~SE~= Hr. S~ H. M~hee, III~ Ass~st~t C~ty ~nager~ ~. J~es E. Buc~oltz, ~s[s~nt City Attorney~ ~. A. N. G[bson~ Director of Fin~ce~ and Hrs. ~ F. Parker, C~ty Clerk. I~TION= The meeting was opened w~ a prayer ~y the R~verend Jer~ C~ton, Assistant Pastor, Villa Heights Baptist Church. MI~TES~ Copies o[ the ~nutes of ~e regular ~et~ng held on Monday, J~e 28, 1~6, and the org~zat~onal ~et[ng held on Thursday, July ~, ~9~6, hav~ng been run,shed each m~er of Co~c~l~ on mot~o~ of ~. Th~s, seconded by ~. Grove and adopted, ~e reading ~ereof was w~th and the minutes approved as recorded. SC~i~-ACTZ OF AC~O~T~ Co~cil having ~reviously adopted Resoluti~ No. 22932 taking special recognit~on of ~e semi=es of ~. S~ue~ P. McNell as a m~er of ~e Ro~oke City S=h~l Board, ~e~yor advised ~at ~. McNeil could not b~ present at ~e Cocci1 meeting ~ue to the pass~g of a friend whose f~eral he was attending ~d advised ~at ~ Resolution along wi~ an appropriately fr~ed Certificate of Merit w[11 be given to ~. McNeil at a later ~ate. ~NG OF CITIZ~S UPON PUBLIC~: CO~SATION BO~: Cocci1 hav~ng previously agreed to appeal the decision o~ ~e Co~ensat[on Board relative to ~e 19~6-~ fiscal year budgets of the Constitutional officer~, ~e Mayor advised ~at earlier in the day he received a telephone call fromm. J. H. Jonson, Treas~er, requesting ~at his atto~ey be all~ed to address ~e Co~cil concerning th~ ~tter at ~e beg[~ng of ~e meeting ~d f~er advised ~at he would entertain a motion which would a~low~. Jonson's attorney to ~e his presentation to ~e Co~c[~ at ~at t~e. ~. Garland moved ~at Cocci1 a11~. Jonson's atto~ey to~ke his presentation ~der ~e Hearing o[ Citizens portion of ~e agenda. The motion was seconded bye. Grove ~d adopted. ~. E. Gr~f[[~ D~son~ Jr., Atto~ey, advised ~at~. Jonson finds h~elf in s~ewhat of a bind in reference to ~e previous action taken by Cocci[ ~n that,. Jonson must file an appeal w[~in 45 days wi~ a three Judge to protect his rights and he has ~t[[ July 30~ befor~ ~e a~pea~ ~roc~ss out~ ~at ~e date for ~e hearing before ~ C~ensat~on Board ~s set for .357 '358 August 9th, which Is after the deadline for filing of the appeal by or any of the Constitutional O£flcerst ~hat if the Constitutional officers want to protect their rights as to what action might be taken by the Board, there are two possible courses they could followz (l) to work out with the council such differences as there m~ght be so they can be st~m~tted to the COmpensation Board or, to go through the appeal process to the three Judge courtw and ~r. Johnson prefers to avoid getting into litigation to settle something that might be settled otherwis~ Hr. Dodson then presented a co~nunlcation froze Hr. Johnson advising that if the Council would withdraw its request for appeal, he would be willing to limit his request for adjustments to {1) an additional long-carriage tyl~writer ($185.00), (2) three additional filing cabinets ($1,030.00), (3) additional postage and at least one employee If no changes are made in the personal property - auto decal system {postage $1,000.00, employee ~6,800.00)~ {4) seven per cent salary Increases to conform with other localities with comparable responsibilities and work loads {$3,950.00 cityls share). {For full text, Sss CO~n~unicatlon as filed in the City Clerk's Office,) Hr. Dodson proceeded to sxplain that he speaks only for Hr. Johnson's office and added that some action needs to be takell by Council on this ~atter if it is to be worked out in advance of the July 30th deadline. Hr. Thomas stated that even if Council permits the law suit to bo filed, it will be an uphill battle to get the Compensation Board to change its decision and further stated that since he voted ~ the majority for Resolution No. 23058, he would like to move for a reconsideration. The motion was seconded by Mrs. Bowles. Mr. Grove stated that he would b~ in favor of delaying any action on this matter until the next regular meeting of Council when hopefully, all seven members will be present. Hr. Thomas pointed out that the motion is to reconsider Resolution NO. 23058 end, in effect, Council is telling the City Attorney to draft a measure stating that the Council will 2upport the action of the Compensation Board, that next week such a measure will be on the agenda and the Council members will have a chance to express themselves to the ~fltt~r, and further added that the t~me frame does not permit waiting u~til n~xt }{onday to see if ths Co,nell will approve or disapprove and he would be opposed to defsrring any decision on ths ~atter until next week since there are always goil%g to be times when Council ~e~nbers are going to be away and the affairs of the city must move forward. The motion was then adoptsd by the following vote= AYES= Council members Bowles, Garland, Thomas and Mayor ?aylor---4. NAYS: Council member Grove ....................................... [Council membsrs Hubard and Tauhman absent) M~o Thomas fu~thermoved that the C[ty Atto~nay be lnst~cted p~epare ~e pro~r~asu~e for ~e Co~c~l ko qo on ~eco~d conc~rSng ~$~ · ec~nd~tion of the C~ensation ~rd Sn ~es~c2 ko ~e 19~6-~ [~scal budgets o~ ~e ConstStu~onal OfE$cers ~d ~a2 ~ls ~as~e be p~e~ented ~e Co~c~l ~k ~ts next regular ~etSng on ~onda~, ~ul~ 26, 19~6. The ~as seconded by ~s. B~les and ~dopted by ~he foll~ng vote~ AYES~ Co~c~l ~er8 ~les, Garl~d, Th~s ~d~yor Taylo~ .... 4. HAYSz CO~C~I ~ G~ove ........................................ (Co~cil m~s H~ard and T~ absent) WA~R DEP~T~ Pursuant to not~ce Of advertis~nt for bids for installation of the Cha~el Forest P~lng Station ~ster P~, said ~roposals to be received by ~e C~ty Clerk ~t~l 2:00 p.m.~ Friday, July 16, 1976, to be o~ened before Co.oil at 2:00 p.m., Monday, July 19, 19~6, the~yor asked if anyone had any questions and no representative present raising ~y queation~ the Mayor lns~ucted the City Clerk to ~r~eed wi~ ~e o~lng of ~e whereu~n, ~e City Clerk opened and read the one bid teceivea from Weddle Vl~ing~ & Heating Company in the bas~ bid ~t of $13,000.00. ~. Th~s moved ~at the b~d be referred to a c~ttee to be appointed by the Hayor for study, re~rt ~d rec~endation to Co~c[l. The ~tion was seconded by Hr. Garl~d ~d adopted. The ~yor appointed Hessrs. K. B. Kis~r, Chai~, Tho~s F. Brady ~d WillinG. Ku~y a~ m~ers of ~e T~ES= ~. Jo~ W. Boswell appeared before Co~ci~ relative to the real estate t~, ~d requested ~at Co.ail go on record at ~is t~a reducing the effective tax rate for Roanoke city from $1.64 to $1.52 to t~e effect on 3~ua~ 1, 1978, advising that the reason for ~is request is the increase $.26 ~n ~e effective rate will be enforced for only one-half of ~e 197~ year, ~at if it had been in effect for a full year only a $.14 increase would slight addition because so~ people pay their real estate t~es all d~ing the first quarter, ~d advised ~at ~f ~e reduction is not voted n~but ~s deferred, ~ense ~t~ which ar~ at ~resent non-existent w~ll ~quest[onably c~e into being be~een n~ ~d ~en ~d Park~nson~ law provides that 'Bureaucracy expands to flll ~e available t~e space ~d revenue'. Later on ~e agenda, ~yor Taylor had placed a c~ication relative to ~e real estate t~ ~tter ~d on ~ot[on of ~. Th~s, Seconded by B~les and adopted, ~e co~cat[on was t~en up at ~is point on the agenda, The ~yor presented a c~lcation requesting ~at ~e m~ers of Co.cf1 au~orize a close l~k at ~e new co~uter[zed real estate reasse~sment pr~r~ in ~e C~ty of Ro~oke, advising ~at he is of ~e ~i~oplnion ~at results will sh~ ~at s~ adjus~ents are in order, ~at It is quite a~parent ~at ~e reasses~ents will bring in far more ~ ~e $1,000,000.00 Co~cll considered as ~t endeavored to bal~ce ~e 1976-7~ budget and, ~f ~s ~s a fact, s~tted that ~e reasses~ents should be adjusted before ~e next t~ ~359 360 bill becc~es due in 1977, and rec~nding ~chat this ~atter be considered by the Roanoke City Council Policy Study Committee at its meeting later in the day. {For full text, see communication as filed in the City Clerkts Office.) ~r. Garland read ~he following prepared state.~ant and gecluested that it be entered into the minutes of Councils "STATEHENT BY ROBERT A. GARLAND IN COUHCILt HONDA¥, aY 19~ 1976: Hr. 14ayor, ~ladam Vlce-~ayor, Honorable xe~bera of the Council: Because the matters that confront us today are of ouch extreme importance to the people Of Roanoke, and %o the future of this Council and the Administration, I have taken what Is for me en unusual step of having a prepared state~ent that ! should like to read for the record. ! ask you~ indulgence while I read the statement. In the ten years I have been privileged to ee~ve on the Council, cannot recall a time in which so many difficulties have pressed upon us with such relentless force as at this Rarely in the affairs of government has a situation of such seeming calm been so rapidly transfo~nad into a mior crisis of confidence. Gentlemen and H~s. Bo~les, the creditability of this government is nearing bottom, It would be com~orting ti one or two persons could be singled out for blame, but to attempt to do so would be unfair as well as untwine. There is blaine enough to go around. In the fat years of easy affluence the Administration, both at City Hall and in the school system, can be blaaued for having asked for too muchl and Council can be blamed for having given too much and asked too few questions of those responsible. And so,crimes the people themselves have de.~anded too much of their City government. The Administration can be faulted for having been so poorly prepared to deal with the realities of annexation despite the protracted struggle that finally brought it about. Certainly, the Administration can be faulted for the appalling Inadequacy of many of Its fiscal pro- iections and predictions. Yet, ~he easiest thing in the world is to be misled by day-to-day events. The position of the City of Roanoke is one of fundamental strength, as witnessed by the extremely favorable terms on which the City recently sold bonds, and by the high credit ratings accorded the City by investment information services, such as Standard and Poor. Once this palmful period of adjustment is behind us, a~d hopefully, by applying the hard lessons that are to be learned fro~ it on every hand, the fundamental strength of this City will re-assert itself. refuse to be pessimistic about the long range prospects of the City of Roanoke. First and foremost, I want to say Hr. Mayor and colleagues, that I a~ tired of boing told repeatedly that crltically needed flna~cial data is unavailable, or if it is available, tO find later that it Is not entirely correct. The Council was not forewarned of the dimensions of the budgetary crisls through which we have just passed. The Council was not provided, in my view, with accurate data concerning additional revenues that will be derived in the second half of this fiscal year by virtue of real estate re-assessments. It is imperatlve in my opinion that we be 'given reliable information on this subject at the earliest possible time. I fail to understand why there should be any difficulty in obtaini~g this information now, nor for that matte=, why it was unavailable prior to the adoption of the budget. If it fs really not readily available at this point, we are in more serious difficulties than I had believed heretofore. If revenue to be derived from the real estate tax has been under- estimated, as I strongly believe that it has, and by quite a bit ~n my opiniont then we have raised the real estate tax under a false appre- hension, and we should rescind whatever part of that increase we can, or reduce other taxes by an appropriate emount if that is deemed the wiser tax policy. I emphatically do not want to see a large surplus inadvertently or on-purpose built into the 1975-77 budget available to ~ake things easier for u8 next year. We brought in what was supposed to he a bare. bones budget~ as was proper under the circumstances. ! want to see it balanced with a conservative estimate of revenuesw but ! do not want to take ~ore money frc~ the people in this economically difficult t~ than is abso- lutely neceasa~ to finance our present budgets If we find that we have underestimated revenues fram the real estate tax by a significant amount then let.us pro. fly rescind as much o£ the recent 20% increase in that tax as we can, or reduce other forms o£ taxation by appropriate amounts. It is necessary that we do es in order to begin to restore public confidence. It would be ~ wl~h that the Blue Ribbon Citizens Panel now being formal give a high priority to a study of the I~anagement of the City*s finances with a view to i~nvroving the flo~ of lnfor~ation to the Council on fiscal~atters, particularly, as lt~ould relate to projecting We have a generally high coat City governmentw as documented by the WcElnsey RepOrt~ and we are uncom~etitive in a number of tax categories as cumpared with surrounding co~munities, as docmnented by the chamber of Commerce study. It is essential that this Council take whatever steps it can over the next two years to reduce costs to levels cc~parable with cities of our size in this region of the countz~, and that we avoid a further erosion of our already precarious competitive tax position with surrounding co~unities as a place to live and work. I believe that this Council is fully up to the genuinely tough political decisions that will be necessary in pursuit of the above goals. For the present I am prepared to support the Administration, and to give it time and tolerance to deal with the truly astonishing multitude of problems that crow~ upon lt~ but ~ must serve notice that if effi- ciency, productivity and morale are not reasonably improved over the next twelve months, I will not hesitate to withdraw that support and press for personnel cha~ges. developments let the issue be closed for now, and.re-examined a year from now in the light of improvemants or the lack thereof. The Council and the voters have orda~ed their support for the City Manager form of government. If this form of government is to he successful, the Council cannot shirk its policy-making role. The first order of policy is to assure competent administration. Unwarranted interference with the day-to-day rur~ning of the City by Council would create chaos~ but a periodic review of the competence of the A~ministra- tion is necessary if Council is to fulfill its constitutional role. Abdication of this responsibil£ty by Council will not strengthenthe City Manager form of government--rather, it will only serve to weaken it. It is impossible, of course, to predict what Council~ay he forced to do in the future, and one should never preclude action that~ay become necessary~ but I believe that this Council should give considera- tion to a policy directive to the Administration, informally if you wish, to the effect that barring a fiscal crisis, no tax increases will he granted by Council for the 1977-78 fiscal year, save possibly as an offset for other, equivalent tax decreases in pursuit of a more rational tax policy. It is ~_m~ortant, I think, that the Ad~inistration ~derstand clearly the intention of Council in this regard so that plans ~ay be made accordingly, far in advance of the presentation of the budget next Spring. I would prefer to see Council take formal action on such a policy directive. Some miscalculations and mistakes have been made that we will just have to live with, such as the closing of Jefferson High $chool while pursuing e~pans£on at other high schools~ and the operating deficit at the Civic Center, though I am at a loss to understand why that deficit should be so high. Hut there are other basic policy decisions that we must examine afresh, taking the people fully into our deliberations. One that ¢~es to mind is Valley Metro. Here again, despite improvements, ridership has steadily declined while costs have mounted beyond our reasonable expectations. We are saddled with very heavy losses. I suggest we give it another year. If our prospects are no better a year from now, I would suggest that we-hold a refere~du~ in which the issue is squarely presented to the public with all the facts and alter- natives. If they wish to see public transportation preserved in this Valley, as I think they do, then let them give us a mandate to continue. If it cemes to this, and if Valley Metro is continued by a vote of the people after a thorough debate of the question, them at least the air will have been cleared on one divisive issue. It is fashionable to £ind £ault wLth city government] and, Indeed, there is nuch vl~ v~ch to ~d fault. ~ pe~le should be aware, · h~eve~ of ~e greah ~tent to vhLch ~eLr CLty govo~t LB pris~er of evers and no2 ~e ~s2e~ of ev~. I cite but t~ ex~les~ Ih ~as ~e State ~d Federal goYe~n~ ~at c~lled ~e CLty to s~nd $30 ~ll~on to u~rade waste tree.n2 v~ its at2~d~t increased o~Fatlng cos~. It needed to ~ done~ bu2 we had no choice. It ~as ~e Federal ~ove~2 again ~at ~dated c~oss t~ bus~g sch~l children for racial bal~ce. ~e ~d no choice huh to o~ ~date of ~e co.ts ~d to pay ~st of ~e ass~Lated costa as ~nexation va did o~selves, and ~e cos~ has be~ high as we have tried to provide ~dated seduces and ~e up lo82 ~ev~ues to Co~ty a2 the s~ k~. Perhaps ~t ~as a ~st~e. ~ voZ~ agains~ an appeal of ~e adverse jud~nk. I ~ s~e ~e ~lll neve~ see its l~e agar, bu~ ~e p~lic should no2 lose sight of ~e ~e C~ty sough2 a broade~ t~ base, ~d to p~ese~e a bal~ced ~litic, for a city Is a living o~g~l~, l~ke ~e h~ ~y ~tself, ~t m~t be ~ell-bal~ced If ih Is to r~ heal~y. As ~e e~n~c ~d cult~al h~ o~ this Valley, ~e continued political heal~ of C~ty of Ro~oke ~s eve~b~s bus~ness. ~2 ~s a p~eclous ~eso~ce must be kept up-t~date ~d on ~e ~rch ~f ~t ~s to play Its vital, sustaining role In ~e life of ~s great ~tro~l~ area. In providing ~obs~ water~ waste trea~t~ tr~s~rtation~ law enEorce- ment~ s~ial se~lces and cult~al reso~ces ~at b~e~t eve~one who lives ~n ~s Valley, wherever ~ey ~y happ~ to reside, ~is C~ty d~s far ~re g~ ~ it ~s ever g~v~ credit for. I ~ r~nded of the s~gn ~n the Western bar~ '~n~t sh~t ~e p~o player~ He ~s doing ~e best he can,' The n~t t~ years will be extr~ely d~ff~cult for Ro~oke. Beyond ~at, ~ings l~k considerably brighter. I say ~is because I ~at on Nay 4th this Cocci1, perhaps w~out fully a~prec~at[ng the fact, was given a 'doctor's ~date' by ~e people cE Ro~oke. I believe, moreover~ ~at ~t ~s a Cocci1 ~at has ~e co~rage to ~ke ~rd choices without regard for ~ n~t ~lection~ and ~at as a result of ~ose hard choices it will leave as its legacy a so~der ~d more rational base for fut~ profess. If ~t does ~ot~ ~t will have squandered an h~stor[c op~rt~[ty ~at ~y never c~ again. I a~ol~ze for the extr~e leng~ of ~ r~rks. [ ~[~ my collea~es w~11 ~ that ~[s has be~ ~usual Eot me, and it w[11 not be repeated anyt~ soon, but these were ~ings ~ have be~ wanting say for s~e days n~. I ~ you for listening to ~.' Mr. Garland moved that the communications from }tr. Boswell and the Mayor and his prepared statement be referred to the Roanoke City Council Policy Study Co~n~ttee for its infor~m~tlon in cor~ectlon with ite study of the real estate tax matter with the understanding that any actions or reconKnendations by said c~{ttee will be considered by the Council as a whole prior to a~y action. The motion was seconded by Mrs. Bowles and adopted. pETITIONS ~D COMMUNICATIONS: pA/~K~ AND pLAYGROUNDS: A co=~u~ication frcm~ Mr, M. Carl Andrews, Chalrm~n, Mill Mountain Development committee, on behalf cf the Mtll Mountain Garden Cltlb, requesting Council to n~me a trustee to handle certa~ funds re- ceived to reinstate a decorative pond and waterfall into the plans for the Mill Mountain Wildflower Garden in order for said funds to be tax deductible, was before the body. (For full text, see co~unication as filed in the City Clerk's Office.) Mr. Garland ~ved that the City Attorney be instructed to prepare the proper measure appointing Mr. A. N. Gibson as the city trustee for these funds. The motio~ was seconded by }ir. Thomas and adopted. BUDGBT-COMMONWF.~LTH~S ATTORNEY-GRANTS: A communication frc~ Mr. Robert F. Rider, Com~onwealth*s Attorney, requesting that Council appropriate $2,875.00 representing expenses ~_xpected to be i~curred while attending a short cottrse for Prosecuting Attorneys in Chicago~ advlein~ ~hat a ~ant has been applied for through the' C~n~eal~ Atto~e~s ~s~lation'fr~ D.~.C.P. for 95 per cent ~ said ~t Wi~ a 'frye ~ cent l~al cash ~tch, was ~fore ~e b~. (For full text, see c~lcation as filed in ~e City Clerk's Office.) ~. ~s offered ~e foll~in9 ~=gen~ Ordnance appropriating ~e re~ested i~2309~) ~ O~I~CE ~o ~nd and reordain fection 10~10~ ~eal~s Attomey,' of ~e 19~6-~7 Appropriation Ordin~ce, and p=oviding for an (For fu~l text of Ore,nahum, ~e~ Or~n~=e ~k ~. ~s ~ved the adoption of ~u Ord~n~ce. The~t~on was seconde~ by ~. Grov~ a~ a~opte~ by ~e following AYe= Cocci1 m~rs ~owl~s~ Garlan~ Grove~ Th~s an~yor Taylor ................................... NAYS= None .................... 0. (Co~cil ~ers H~ard an~ Tarn absent) ~U~ET-SCH~= A c~icat~on from ~e Ro~oke City Sch~l requesting ~at Co~c~l appropriat~ $6~3,5~4.43 to cover nine progr~ for the 1~6-~ sch~ year~ was before the (For full t~t, see co~lcation as file~ in ~e C~ty Clerk~ Office.) ~. Grove offer~ ~e foll~ing ~rg~ Ordin~ce approgriating the re~este~ (%23098} ~ O~CE to ~en~ an~ reorda~n c~rta~n sections 19~6-~ Approprlat~on Ordinance, and prov~ing for an ~rg~. (For full text of Ordinance, see Or~inance Book No. ~. Grove~ve~ ~e a~o~t~on of ~e Ordinate. The~t~on was seconde~ b~. Garlan~ an~ a~opted by the fo~luwlng vote= A~S= Cocci1 m~ers Bowl~s, Garland, Grove~ Tho~s an~ ~yor Taylor ..............................5. NAYS= None ................~. (Co~c~I m~ers H~ard an~ Ta~ a~sent) ~U~ET-SCH~= A c~icat~on fr~ ~e Roanoke City Sch~l Boa~ r~est~ng ~at Cocci1 reappropriate $211,~81.65 to cover twelve progr~ for the p~ose of transferring f~s from fiscal year 19~5-76 an~ to cover new e~en~itures an~ enc~r~c~s ~til ~ese progr~ are renewed or c~letely te~nate~, was before Co~ciL (For full t~t, se~ c~cat~on as fil~a ~n ~e City Clerk's Of~ce.} ~. ~s offered the full~ing ~erg~ Ordinance appropriat~ng ~e re~ested (~23099} ~ O~I~CE to ~en~ an~ reor~a~n certain s~ctions of 19~6-7~ A~propr~ation Ord~ce, an~ providing for an ~ergen~. (For ~ull textof Ordin~ce, s~ Ordinate Book 363. 364 Hr, Thanes moved the adoption of the Ordin~nca. The motion was seconded by l~rs, Bo~les and adopted by the follmelng ¥ote~ AYES: CoUncil members Bowles, Garland, Groye, Thc~a~ and Mayor Taylor .................................... 5. NAYS: None .....................0. (Counc~lme~bers H~bard and Ta~ absent) REPORTS OF OFFICEP~: BUDGET-PUBLIC WELFARE: The Assistant C~tyManager s-~-itted a written report rscc~mnending that certain reapproprlations be made to Department No. 1540, 'Title XX, Services,' of the 1976-77 budget, representing unexpended funds from the previous f~scal year from local donated shares made for purchase of various services m~ndated under the TitLe XXAmendment to the Social Security Act. (For full text, sss report as filed in tho city Clerk*s O£flc~.) Hr. Garland offered tho following emergency Ordinance providing for the reapproprlations~ (%23100) AR O~D[NANCE to amend and reordain Section $1540, 'Title iX, Services,' of the 1976-77 Appropriation Ordinance, and providing for an ~mergency. (For ~ull text o~ 0rd~nance, see Ordinanc~Book No. Mr. Garland moved the ado~tio~ of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote= AYES= Co~ncll members Bowles, Garland, Grove, Thomas and Mayor Taylor ................................ 5. NAYS: None ................. 0. (Council members Hubard and Taubman absent) BUDGET-h~RS[NG H~ME: The Assistant City Manager su~n~tted a written report reco~nnend[ng that $8,500.00 be transferred from Salaries and Wages to Fees for Professlonal Services under Section ~1~39, 'Nursing Home,' of the 1976-77 budget, to provide funds in order to per,it the city to continue to utilize the services of a Consultant Administrator at the Nursing Home through December, 1976. (For full text, se~ report as filed in the city Clerk*s Office.) Mrs. Bowles offered the followlng emergency Ordinance transferring the requested funds: (%23~01) AR ORDINA/~CE to ~nd and reordain Section ~1539, 'Nursing Home,' of the 1976-77 Appropriation Ordina~ce, and providing for an e-m~rgency. (For full text o~ Ord~ce, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. Thc~nas and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Thomas and }layor Taylor ............................... ~. NAYS= None ................0. (Co~L~cll members Hubard and Taubman absent} CITY ENGINEERs The ~Sis~nt Clty Nanager submitted a ~rltten recmnding conc~ce In pr~eed~q to ~eceive bids for providing concession se~lces at ~e P~lic ~o~ks Se~lce Center. ~For full text, see re~2 as f~led In ~e Clt~ Clerk's Office.) ~. Ga~l~d~ved ~ ~o~c~l concur In ~e ~ec~end~t~on of ~e ~SiSt~t City ~ager ~d offered a Resolution approving s~. Tho ~tion seconded byes. ~. ~s questioned ~he~er or no2 ~ adop2tn9 ~ls Resolu21on Co,oil would be setting a precedent, advising ~at ~e H~lcipal Auditor has e~ressed concern a~ut ~e ore,ill mtter of concessions ~oughout the city gover~ent o~eration and questioned h~ approval of ~ls request ~ght be conflict wl~ m overall concession polio. The Assistant City ~t~er advised ~at It would be intended that approval of this ~e~rt would apply only to ~e concession at ~e Public Se~ice Center ~d would not set poli~ for the entire city. ~. Th~s offered a s~titute ~tion that ~e re~rt be referred back to the City ~nager to el~rate on ~e poli~ aspect of a f~ concession in respect to ~is one it~ and h~ it will affect other it~ and that the City ~naper obtain input fron ~e ~uicipal Auditor on ~e mtter. The motion wa~ seconded by ~. Grove and adopted. STATE HIG~AYS-ST~ETS ~ ~YS= The Assistan~ City ~nager s~it~ed a written re~rt in connection wl~ a meeting on July 8th with representatives of ~e Virginia Depar~nt of Highways and Trans~rtatlon, city ~ainistratlon, ~. R. R. OuiCk and T~ers and Br~don Av~ue merch~ts ~d the contractor, to discuss ~e closin9 of Br~don AV~Ue for consideration of a new bridge which will ove~ass ~e new Sou~west (For full ~, sse report as flied tn ~e City Clerk's Office.) In this coaection, a c~lcatlon irom~. ~. E. Ha~o~, C~issioner, Virphit Depar~ent of Highways and Tras~ortatlon, in coaection wi~ the ~ve mtter, advlsln9 that due to certain ci=c~tances a detour at the intersection of Br~don Avenue and Colonial Argue s~ly is not possible, that ~e contractor has been re~lred to seq~mce const~c~ion to provide for c~letion of relocated 23rd S~eet betwem Fraklln ~o~d and Colonial Avenue before s~rtlng constnctio~ on ~e Br~don Avenue Bridge, and ~at possibly traffic ca be pe~tted to use ~e intersection on an afini~hed s~face, was before {For full text, see ca~ication as file~ in ~e City Clerk's Office.) ~. Garl~d~ved ~t ~e report of ~e ~sis~ City~naper and ca~icatlon fra~, Ha~o~ be received ad filed. The ~otio~ wa~ seconded bye. Grove and adopted. WA~R DEP~T= The ~sist~t C[ty~nag~r s~itted a written report re~uestin~ au~o~l~ to enter into a proposed fo~ oE agre~ent wi~ ~e United States Depar~ent of ~e Interior, Geologlc~l S~ey, Water Reso~ces Division, for operation of stre~ gauges on Tinker Creek, Catawba 365 366 Creek and Back Creek, at a rate of $4~625,00 each, fro= the city and the Agency for a fifteen month period. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas offered the folloWing emergency Ordinance: (%23102) AN OPJ)INANCE authoriz~ng the City Hanager to enter into a Cooperative Agreement between the City and the United States Geological Survey to maintain an Investigation of oertain water resources and for the Operation of gauging stations thereon for a fifteen (15) month period from July l, 1976, to September 30~ 1977, subject to availability of appropria- tions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded byMrs. Bowles and adopted by the following vote; AYES: Council members Bowles, Garland, Grove, Thomas and Hayer Taylor .................................. 5. NAYS: None ................... 0. (Council members Hubard and Taubman absent) CONSUMER PROTECTION: The Assistant City Manager s-hmitted a written report recommending concurrence in the assun~tion by the Commonwealth's Weights and Measures Section of the city's weights and measures functions, due to the loss of one of the two personnel spaces in the Consumer Protection Division, and requesting the City Attorney to review Title XXII of the City Code for any needed revisions. (For full text, see report as filed in the city Clerk's Office.) }ir. Garland moved that the matter be referred to the City Attorney to review Title XXII of The Code of the City of Roanoke, 1956, as amended, and report any recommendations or measures to Council as he deems necessary. The motion was seconded by Mr. Tho;mas and adopted. GRANTS-BUSES: The Assistant CityHanager submitted a written report requesting and recommending adoption of appropriate Resolutions authorizing execution of two separate agreements with the Department of Highways and Transportation in order for the city to receive UMTA operating assistance funds in the amount Of $155,875.00 for fiscal year 1975 and $620,307.00 for fiscal year 1976. (For full text, see report as filed in the City Clerk's office.) Mr. Garland offered the following Resolution authorizing, ratifying and approving execution of an Operating Assistance Grant Contract for Project No. VA-05-4005 in the amount of $155,875.00: (%23103) A RESOLUTION authorizing, ratifying and approving execu- tion of al% Operating Assistance Grant Contract for Project Re. VA-05-4005 between the United States of A~ertca, the Commonwealth of Virginia, Department Of Highways and Transportation and the City of Roanoke, for grant Of operating assistance funds under the Urban Mass Transportation Act, for the time period of November 26, 1974, %/%rough June 30, 1975, in Fiscal Year 1974-1975. (For full text of Resolution, see Resolution Book No. Mr. Garland moved the adoption of the Resolution. The motion was seconded by M~s. Bo~les and adopted by the following votez AYES~ Council members Bo~les, Garland, Grove, Thomas and Hayor Taylor .............................. 5. NAYS~ None ................ 0. (Councll ~m~ers Hubard and Taul~na~ absent) }ir. Garland offered the following Resolution authorizing and approving execution Of an Operating Assistance Grant Contract for Project No. VA-05-4008 in the amount of (%23104) A P~ESOLUTION au~horlzing and approving execution of an Operating Assistance Grant Contract for Project No. VA-05-40OS between the United States of America, the commonwealth of Virginia, Department of Highways and Transportation and the City of Roanoke, for grant of operating assistance funds under the urban Hess Transportation Act, for the tLme period of July 1, 1975, through June 30, 1976. (For full text of Resolution, see Resolution Book No. Mr. Garland moved the adoption o£ the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Thomas and ~ayor Taylor ............................... 5. HAYS: None ................. 0. (Council members Hubard and Tau~man absent} AIRPORT: The Assistant City Hanager submitted a written report in connection with land requirements for the Localizer Directional Aid Systeuu and Runway Alig~u~ent Indicator Lights at Roanoke Municipal Airport, Woodrum Field. {For full text, see report as filed in the City Clerk*s Office.} Mr. Thomas moved that the report be referred to the City Attorney for preparation Of the proper measure. The motion was seconded by Mr. Grove and adopted. pARKS AND pLAYGROUNDS-~ECREATION DEPArTmENT= The Assistant City Manager submitted a written report in connection with cooperative recreational activities, reconunendlng that Council respond favorably to Resolution No. 1483 of the Roanoke County Board of Supervisors indicating its concurrence in area parks and recreation offlcials plying and execution of a joint 125-pound football league with other joint ventures to be initiated as seasons approach or resources permit, and that the City of Salem he invited to participate in this initial step and subsequent planning. (For full text, see report as filed in the City Clerk*s Office.} In this connection, Mr. Stanley Kummer appeared before Council and read a prepared stat~ent advising that over the years the 125 pound foothall leag~e has matured into an e-xcellent program, but raised question as to why 3t~7 368 coaches in the 125 potmd leaguo ¥i~ nany ye~s og ~El~ce were no~ consulted ~d asked for ~el~ ~eco~ndations rolatlVe to ~e p~o~sal, concluding based solely on ~el~ ~sb ~l~c~ ~y diile~ces vould ~ve to ~ ~ec~clled ~gore such a lea~e could ~ ope~at~ satisfac~lly, ~t at ~e present ~1~ our ~pa~t of Pa~ks and Recreation In a s~te of fl~, vho vould control and ~ ~is Ket~o ~a~e, and ~1~ appr~tely ~ee reeks before p~actice starts , a ~lck ~oint vent~e oE s~ln9 ~at has be~ tried before success c~ok be advocated, ~at If such a valle~lde pr~r~ Is desired, a st~y c~ttea should ~ fo~d ~i~ repres~tatives of all areas and the city's rep~esentatives ~clude coaches f~ the 125 po~d league vho have ~e e~e~ience to add to an~ ~ud~n2s ~a2 ~y be reached along ~t~ represents- tives fr~ ~e Roanoke Recreation C~s~lon ~ho have for the past several years acted as an adviso~ c~ittee to ~e Dependent of pa~ks and Recreation on suggestive ~ules ~d by-la~ chafes effectin~ ~e s~dlot p~r~, thak Ass~lation enc~passes all ar~as oi th~ city and includee in its m~e~ship interested parents~ t~t suggestive ch~ges could ~en be ~de to ~e study c~ittee an~ all facets of disagre~ent coul~ be arbitrate~ we~l In advance of league fo~tion ~ play. ~For ful~ text, see stat~ent as file~ in ~e City Clerk's ~ter a d~scussion o~ ~e ~tter, ~. Th~s moved ~at ~e City Manager be requested to f~nish Cocci1 wl~ ~nfo~tion relative to ~e ~e-u~, ro~e an~ p~pose of the Roanoke Recreation Co~ssion an~ its ~resent activities ~n respect to working in cooperat~o~ wl~ ~e Depar~t of Parks and Recreation~ ~d ~at ~e request of ~o~oke Co~ty to ~art~c~ate ~n ~e ~25 ~o~ league be deferre~ ~or this season wi~ ~e ~derst~ng ~at the City ~ager will a~v~se Ro~oke cowry ~at the C~ty of Roanoke has not c~ose~ ~ts ~n~ to the proposal, but it d~sires additional info~t~on before it puts f~nality on ~tter. Th~ motion was seconded by ~. Grove and ado~te~. C~NS~ ~T ~ T~N~NG ACT= Th~ Ass~st~t C~ty M~ager s~tted a writt~ report ~n co~ection w~ necessa~ reductions in the CETA work force, advising ~at ~ue to facts speclfically set out ~n ~e report, he has fo~d it necessa~ to red~ce ~e CETA force fr~ 178 ~sitions to 102 positions, effective July 30, 19~6, ~ ~e delete~ positions include 18 vac~cles an~ 58 fille~ positions, wl~ all re,nations being ~de in accordance wi~ Perso~el Rule 8.04. (For full text, see report as file~ in ~e City Clerk's Office.) ~. G~d ~ved ~at ~ re~ort be r~ce~ved and f~e~. The motion was seconde~ by ~s. B~l~s ~ adopted. A~ORT= The Assist~t City M~ager s~tte~ a ~itten re~rt rec~end~ng au~or~zat~on to ~ecute ~ge Or,er No. 2 to ~ contract Jo~ A. Hall & Co~y, ~co~orat~, for bit~no~ overlay ~d o~er relate~ work on R~ways 5-23 ~ 15-3~ at ~o~oke M~lc~pa~ ~ort, Wo~ F~e~d, to a~ a t~e ext~sion of el~v~ ~ay~ to ~e c~letion ~te. (For ful~ t~t, see re~rt as filed ~n ~e City Clerk*s Office.) H~. Grove offered the following emergency Ordinance authoriz~ng issuance of the change order= (J23105) AH ORDINAHcE authorizing the lsauance of Change Order NO. 2; providing for an Il-day time extension to the Clty*s contract vith John A. Ball & CO., Inc,, dated June 19, 1975, for runvay paving york at Roanoke Hunicipal Airport, wood~lm Field, under ADAP Project No. 8-51-0045-05, upon certain ter~s and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. Hr. Grove moved the adoption of the Ordinance. The motion vas seconded by Hro Garland and adopted by the' following vete~ AYES~ Council members Bowles, Garland, Grove, Thomas and Hayer Taylor ................................ 5. NAYS~ None .................0. {Council members Hubard and Te-~m~n absent) CITY ENGINEER: The Assistant City Manager submitted a written report concurring in a report of the Bid Committee reco~ending that the low bid of Kavenaugh Corporation in the a~ottnt of $32,895.00 for Item 1, pumpst dispensers, bulk delivery and controls, and that the low bid of Pump & Tank Company in the amount of $2,841.00 for Item 3, control bulk truck dispensing, for the fueling station at the Public Works Service Center, be accepted. (For full text, see reports as filed in the City Clerk's office.) Hr. Garland offered the following emergency Ordinance accepting the above proposals: (~23106) AN ORDINANCE accepting certain bids for furnishing to the City certain equipment for use at the fueling station at the city's Public Works Service Center, and authorizing the issuance of purchase orders therefor; rejecting certain other bids; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council me~bers Bowles, Garland, Grove, Thomas and Mayor Taylor ......................... 2 .... 5. NAYS: None ...............0. (Council members Hubard and Taubman absent) WATER DEPARTMENT: The Assistant City Manager subnlftted a written report concurring in a report of the Bid Co~utttee recommending that the bid of Lynchburg Foundry for furnishing ductile iron water pipe during fiscal year 1976-77, be accepted. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland offered the following emergency Ordinance accepting the above proposal= (~23107) AH ORDINANcE accepting the proposal of Lynchburg Foundry Ccampany for furnishing and supplying certain ductile iron water pipe to be used by the City's Water Department for the period begirlnlng July l, 1976, and 36'9 3:70 ending June 30, 1977, aut~orizing t~a proper city officials to execute the revisits contract or purchase ordera~ rejecting all other bida~ ~ providing ~. Ga=l~d~v~ ~e adoption oE ~e Ozd~n~ce. Thermion seconded biffs. ~les and adopted b~ ~e roll.lng vo2e~ AYESt Co.oil m~rs ~les, Garl~d, Grove, ~s Ta~lo~ ............................... NAYS~ Hone ................0. (Co.oil m~rs H~ard and Ta~ WA~R DEP~: The ~slst~t C~ty ~a~er s~m~tted a written re~rt concurring In a re~rt of ~e B~d C~ttee rec~end~g ~at various ~ b~ds for fu~sh~ng ~old water meters for the per~ ~u~y ~, 19~6, ~rough J~e 30, 19~7~ be accepte~. (For full t~t, see report as filed in ~e City Clerk's ~. Th~s offered the foll~ing ~ergen~ Ord~nan=e a=cepting pro~als of ~e~l lnte~ational, Nept~e Water Meter Co~any~ Hersey Pr~uct~ C~pany, ~d Badger Muter, lnco~rat~d= (%23108) ~ O~IN~CE providing for ~e p~chase of supplies various t~es of water meters for us~ by ~u C~ty~s Wa~er Depar~ent during ~e per~ of t~e beginning Ju~y 1, 1976, an~ ending J~ ~0, 19~, u~n certain te~ ~d provisions, ~y accepting certain b~ds ~de to ~e City~ rejecting certain o~er bids~ and pr~d~g for an (For full t~t of Or~in~=e, see Ordinanc~ B~k ~. Th~ ~ved ~e adoption of ~e Ordnance. The motion was seconded by ~. Grove an~ a~opted by ~e foll~ng vote: AYES= Co~c~l m~ers B~les, Garland, Grove, Th~s, and~yor Taylor ................................ NAYS= None .................0. (Cocci1 m~ers H~ard an~ Ta~ ~ ~ S~ D~INS= The Assist~t City~nager s~tte~ a written report concurr~g in a report of ~e Bi~ C~ttee reco~en~g ~at ~e b~d of Howerton-Gowen Ch~ca~s ~n ~e ~o~t of $9~.~ per ton for f~ishing ~e Sewage Trea~ent Pl~t w~ approx~tely 90~,000 po~d~ of l~quid a~ for f~scal year 19~6-~, be {For full text, see re~rts as file~ ~n ~e City Clerk's O~f~ce.} ~. Th~s offere~ ~e roll.lng ~rgen~ Ordin~ce acce~ting ~ove proposal= (%2~109} ~ O~N~CE au~or~z~ng ~e p~chase of supplies of li~ al~ for ~e City's sewage ~ea~ent pl~t for ~e per~ beginning July ~, ~6 and end~g J~e 30~ ~9~7~ u~on cer~n te~ an~ prov~s~ons~ by accepting a certain b~d ~e to ~e City~ rejecting certain o~er ~ providing for ~ ~rgen~. (For ful~ text of Or,in.ce, see Ordinance Book No. Hr, Thomas moved the adoption of the Ordin~nce, The motion was seconded by l~r, Garland.and adopted by the following votes AYES: Council members Bowles, Garland, Grove, Thomas, and Mayor Taylor ................................ NAYS: None .................0. (Council members Huhard and Tauhman absent} LIBRARIES: The Assistant City ~anager submitted a written report concurring in a report of the Bid Cc~n~ttee recommending that the low bid of Bstey Corporation in the amount of $11,123.00 for furnishing library shelving in the new Northwest Branch Library, be accepted. (For full textt see reports as filed in the City Clerk's Office.) Hrs. Bowies offered the following emergency Ordinance accepting the above proposal: (%2311g) AN ORDINANCE accepting a certain bid made to the City for furnishing, delivering and installing library shelving in the Northwest Branch Library; rejecting certain other bids; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Mrs. Bowies moved the adoption of the Ordinance. The motion was seconded hyMr. Grove and adopted by the following vote: AYES: Council members Bowles, ~arland, Grove, Thomas, and Z~ayor Taylor .............................. NAYS= None ...............0. (Council members Hubard and Taub~an absent) CITY ENGINEER: The Assistant City Manager submitted a written report concurring in a report of the Bid Committee recommending that the low bid of Roanoke Concrete Ready Mix Corporation for furnishing ready-mix con- crete, either delivered to Job sites or placed in a city-owned truck, for the current fiscal year, be accepted. (For full text, see reports as filed in the City Clerk's Office.) Mr. Grove offered the following emergency Ordinance accepting the above proposal: (%23111) AN ORDINANCE accepting the bid~ade to the City by Roanoke Ready Mix Concrete Corporation for furnishing ready mix concrete to the City for the period beginning on or about July 15, 1976, and ending June 30, 1977; rejecting certain other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Thomas and Mayor Taylor ...................... 5. NAYS: None ...............0. (Council members Hubard and Taubman absent) 372 RADIO-TELeVISION: The Assia~ant City Attorney auh~ttted a ~ltt~ ;e~tt of ~e Clt~ Atto~e~ tr~ttln~ ~ Ordln~ce vhich ~uld e[fect p;o~sed ~n~nts to certain sections o[ Ordin~ce No. 22025 gr~t~ a ~ fr~chise to Ro~oke Valley c~levisl~, Inco~rated~ ~i~ auggeated ~o~dlng ch~ges ~de~- (For full text~ see re~2 as filed In ~e City Clerk"s Office.) ~. Garl~d ~v~ ~t ~e ~oll~ln~ Ordtn~ce ~ placed u~n its ([231121 ~ O~I~C~ ~din~ O~din~ce No. 22025, adopted ~uazy 20~ 1975, grating to Roanoke Valley C~levlsion, Inc., ~e ~lght. for ~e ~d u~ the conditions ~erein stated, to use ~e ~t~eets, alleys ~d p~lic vays to e~ect, construct~ operate and ~tntatn a c~ity ~e~a 2elevi~ion (~) syst~ in the City ~d conce~g related ~tters, in the roll. In ticulars, viz: by ~end~g ~d ~eorda~ln9 Section 4. Construction ~d Syst~ ~tensio~ ~d b~ ~ending ~d reordaining Section 10. ~tes ~d Cha~es~ of said fr~hise ordin~ce. (For full text of Ordin~ce, see O~din~ce B~k No. The motion was seconded by ~. Grove and adopted by the foll~ing Taylor ................................ 5. NAYS= None .................. 0. (Co~cil ~ers H~ard and ~sent) BU~ET-~NI~ ~D ~STIC ~TIONS DIST~CT COURT: The Director of Fin~ce s~itted a written report tr~tting an Ordin~ce t~ establish the Regional In~ke Office in ~e city's Gr~t Pr~r~ F~d, as approved in 1976-77 budget study deliberations. (For full t~t, see report as filed in ~e City Clerk's Office.) ~. Th~s offere~ the foll~ing ~ergen~ Ord~ce appropriat~g $44,564.00 to Personal Se~ices and $1,00~.00 to Travel and Education ~der Section ~7424, "Regional Int~ Office," of ~e 1976-77 budget: (%23113) ~ O~IN~ to ~ ~4 reordain Section ~7424, "Regiona~ Int~e Office," of ~e 1976-77 ~r~t Progr~ F~d Appropriation Ordnance, and providing for an ~rgen~. (For full t~t of O~tn~ce, see Ord~ce Book No. ~. Th~s moved ~e adoption of ~e Ordin~ce. The motion was seconded by ~. Garl~d ~d adopted by ~e roll.lng vote: A~S: Co.oil m~ers B~es, Garl~d, Gro~e, Tho~s ~d Taylor .............................5. NAYS: None .............. 0. (Co~cil m~ers H~ar~ and ~ORTS OF SIDEt~kl~, CUI~;I) GU~T~.~ Council having rsfs;red to & comn~ttee for tabulationt report ~d ~ec~on ce~ bids ~eceiv~d fo~ ~scell~ous s~ll a~ea street and aid~a~ restoration at various l~atl°ns ~oughout ~e city, ~ C~lttee s~tted a ~ltt~ ~e~t ~ec~nding ~at bid of M~ const~ctlon cap~ Iff ~ ~t of $103~753.O0~ baa~ on est~ted qu~tit~, be accepted. (FOE full text, see re~t as flle~ in ~e City Clerk's ~. ~s offered ~e ~oll~ln9 ~gen~ O~din~ce acceptin9 ~o~e p~o~sal: (t23114J ~O~I~CE accepting ~e ero~sal o~ ~ Cons~ctlon C~any for perfo~n9 certain ~scellaneous, all area hard nu~face and sidewalk restoratlon~ au~orizing the proper City officials to execute the requisite contractl re]ectin~ all o~e~ blfl~I and providing for an (For full t~t of Ordin~ce, see Ordinance ~ok No. ~. Th~s moved ~e adoption of ~e Ordin~ce. The motion was seconded by ~s. B~les and adopted by the roll.in9 vote= AYe= Coucil ~ers ~les, Garland~ Grove, Th~s and Ta~lor ............................. 5. NAYS= None ..............0. (Co~il ~rs H~ard an~ Ta~ absent) ~INIS~D BUSI~SS: SCHWa: Pursuit to a proced~e previously adopted by Ordin~ce of Co~cil relativa to applications for appoin~t to ~e Ro~oke City Sch~l Boar~, the City Clerk a~vised ~at the Co~ci1 is n~ receiving applications for ~ree vacuoles on ~e Ro~oke City Sch~l for te~ of ~ree years each ending J~e 30, 1979, ~at applicatlons ~y be obtainefl in ~e City Clerk's Office between ~e hours of 8~00 a.m., ~d 5:00 p.m., Monday ~ough Friday, ~d ~e Cocci1 will hoid a p~lic hearing on We~esday, July 28, ~976, at p.m., in the Co~cil Cheer for ~e p~os~ of inte~iewin? all apglicats. CONSIDE~TION OF C~= INTRODU~10N ~ CONSIDE~TION OF O~I~CES ~D ~SOLUTIONS= CO~CIL= Ord~ce NO. 23075 relative to ~e re~lar meetings of Co,oil, having previously been before Co,oil for its first reading, read adopted on its first reading and lald over, was again before the b~y. Mr. ~s moved ~at action on ~e second rea~g of ~e Ordinance be deferred ~til ~e nut re~lar aeektng of Co=cil on ~onday, July 26, 1976. ~e motion was seconded by ~ Grove and adopted. MOTIONS ~D MIS~0US BUSI~SSz AI~ORT-U.S.S. RO~O~I The ~yor pre=ented a co~iuation advising ~at ~e gro~d breaking cer~ony for ~e new United States Naval kese~e Center will be hel~ on Friday, July 30~ 1976~ at ~0 a.m., o~ ~e M~icipal ~rt progerty and all m~ers of Co,cji are cordially invited to attendl an~ f~er advised that ~e co~ssioning of ~e U. S. S. Roanoke has be~ set for Friday, October ~5, ~976, at ~ng Beach, California, and 373 '374 recc~mended that a cc~tttae of three be appointed to make rec~_~ndations concerning any responsibilities the city may have in connection with the cc~missl¢ (For full text, see ccammmication &s filed in the City Clerkes Office.) Mr. Thomas moved that the ~ayor be authorized to appoint such a committee. The motion was seconded by Hrs. Bowles and adopted. The Mayor advised that hs will make the appointment at the next regular meeting of Council. AIRPORT: The Hayor advised that he had previously been reguested by Council to appoint a cc~nm~ttee to study the c~nposition of the Airport Advisory Commission and stated that he would prefer to wait until Mr. Hubard is present to dete~mine whether or not he had in mind appointment of a committee of Council, a committee of citizens or a cu~bination of both. Hrs. Bowles moved that the Hayor be authorized to appoint the c~nm~ttee at the next regular meeting nf Council. The motion was seconded by Hr. Thomas and adopted. AUTHORITIES, BOARDS, CO~HISSIONS AND COMHITTEES~ Relative to the appointment of a member of the Police Department to the Board of Trustees, Employees* Retirement System, for a tsrm of one year ending June 30, 1977, the council requested that the City Clerk confer with the Director Of Safety and Security to ascertain who the Police Department would like to have appointed to this Board and advise the Counct! at its next regular meeting. Relative to Vacancies on the Police and Firs Pension Board created by the resignations of Hr. Henry R. Kiser for a one year term ending June 30, 1977, and Hr. Carl C. Holt for a two year term ending June 30, 1978, the Councll requested that the City Clerk confer with the Director of Safety and Security to ascertain who the Police Depar~nent and Plre Department would like to have appointed to this Board and advise the Council at its next regular meeting. Relative to the appointment of a member of Council to the Regions! Courthouse Co~nlttee to fill a position vacated by former Councilman David K. Lisk, the Mayor advised, with the concurrence of Council, he is appointing Councilman Hampton W. Thomas. Relative to appointment of a member of Council to the Hill Mountain Development Co, nitres to fill a position vacated by former Councilman JMes O. Trout, the Mayor advised, with the concurrence of Council, he is appointing Hrs. Elizabeth T. Bowles. OT~ER HEARINGS OF CITIZENS: NONE. There being no further business, the Mayor declared the meeting adjourned. ATTEST APPROVED COUNCIn~ I~EGULAR NEETXNG, ~onday, July 26, 1976. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke~ on Monday, July 26, 1976, at 7:30 p.m., the regular meeting hour, with Hayor Noel C. Taylor presiding. pP.~SENT: Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, William $. Hubard, Nicholas F. Ta-~man~ ~*m.nton W. Thomas and Mayor Noel C. Taylor ...............................7. ABSENT: None .................................0. OFFICERS pRESENT: Mr. Sam H. McGhee, III, Assistant City Managerl Mr. James N. Kincanon, City Attorneyl Mr. John H. Mitchell, A~sistant Director of Finanee~ and Mrs. Mary F. Parker, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Forrest S. Wagoner, Pastor, Trinity United Mathodist Church. HEARING OF CITIZENS UPON PUBLIC HATTE~: AMBULANCES: Council having set a public hearing for ?:30 p.m., Monday, July 26, 1976, on the request of Mr. Robert A. Gray t/a Grayts Ambulet Service, for issuance of a Certificate of Public Convenience and Nscessity to operate a certain ambulet service within the City of Roanoke, the ~tter was before the body. The Assistant City Manager submitted a written report reco~m~nding that action on the request be deferred pending receipt o£ a report and recom- mendation frc~ the Board of the Roanoke Valley Health Services Planning Council. (For full text, see report as filed in the City Clerk's Office.) Hr. Harold Billlngs representing the Virginia Department of Rehabill- tation, appeared before Council on behalf of Mr. Gray, advising that this program was initiated by the Department of Rehabilitation, that Mr. Gray is presently a social security recipient and the Department is presently in the process of trying to remove him from the social security roles and return him to gainful e~ployment, that at the tine this service was initiated there was no such ambulet service in the Valley, that at the present time Hr. Gray is operating under a temporary ~er~it and he is requesting permission from the City of Roanoke for a Certificate of Public Convenience and Necessity. Billings further advised that the staff of the Health Servlees Plaruling Councll is making a reco~mendatlon concerning Mr. Gray~s health on a non-medical opinion and presented medical records stating that Mr. Gray is physically able to do this type of work. A discussion was held relative to the fees charged by Gray~s Ambulet Service and United Ambulance Service, and it was ascertained that Mr. Gray has a hydraulic lift in his van and United A~bulanee uses e~erg~noy medical techniclanl certified by the State Board of Health who lift the person into the ambulance. It was also pointed out that Mr. Gray transports only cronlc cases not acute cases, that his is not an emergency vehicle and cannot be licensed as such. 375 37.6 The e~af£ of the Roanoke Valley Health Services planning Council sub- m~tted a mitten report advising that it considered £ou~ factors which it feels are of paramount i~portance to the granting oE a Certificate of public Convenience and Necessityz (1) Hr, Gray~s physical condition and disability (2} the need, if any, for an additional ambulance or ambulet service ~ the City of Roanoke, (3) the reccmnendations by the Realth Services Planning Council in its 1972 study of local a~bulance/ambulet providers and rescue squad organizations (4) the capability of United Ambulance Service to provide additional services if purchasers of such service were only willing to negotiate an agree~- upon charge for such service. The report also pointed OUt that in consideration of the above four factors, the aoanoke City Council should be very judieious in considering the Gray Ambulet Service request for four reasons delineated in the report, (For full text, see report as filed in the City Clerk's Office.} ~r. James N. Kinoanon spoke as .a private citizen and advised that his fa~ly previously used the services of ~r. Gray on Chris~as Day and they proved to be most satisfactory and it OCCURS to h~m that Mr. Gray does not have an ambulance as such, but something to carry people around very easily in wheelchairs. ~r. Clifton A. Woodrum, III, Attorney, representing United Ambulance Service, presented a prepared statement setting forth the position of his client. (For full text, see statement as filed in the City C~erk~s Office.) A c~unication from Mr. Frank L. Showalter, A~m~nistrative Assistant, Roanoke City Health Department, advising that Mr. Gray provides transportation services to medicaid recipients on a pre-authorized basis issued by their Agency, that the people served by h~m are those who are unable to travel by bus or tamicab fror~ their place of abode to a medical treatment facility and return home and who do not require ambulance stretcher service, that Mr. Gray operates a Class I~ no~-emergency vehicle and has a temporary operating permit issued by the Vlrg~nla State Health Department's Bureau of Emergency Medical Services~ that he feels Mr. Gray performs a much needed service to our community and he hopes Council will see fit to grant h~m a Certificate of Public Convenience and Necessity, was before the (For ful! text, see communication as filed in the City Clerk's Office.) Co=~nunieations from Ms. Ruby BoWies, Mrs. Louise B. Gibson, Ms. Grace M. Shelton, Mr. John S. Stephens, Mr. J. Stuart Payne, Mrs. J. Horn, ~trs. Maymie A. Kelley, Mrs. Jake A. Thomas and Ms. Ina C. Austin in support of the request of Mr. Gray, were also before Council. (For full text, see communications as filed in the City Clerk's Off£ce. After approximately one hour of discussion, Mr. Thomas moved that the public hearing be conti~ue~ u~til Monday, August 2, 1976, at 2 p.m., subject to receipt of a report from the Board of Directors of the Roanoke Valley Health Services Plan~ing Council. The motion was seconded by Hr. Ta~bman and unanimous ly ndoptod. T~AFFIC~ Council herin9 previously set a public hearing for Monday, July 26, 1976, at 7~30 p.m., on the matter of approving and ordering made permanenl a vehicuIar traffic diversion facility on Windsor Avenue, S. W.~ by permanent barricade fr~m curb-to-curb across Windsor Avenue, S. W., at or near the west line of Grace Street~ %he matter was before the bo~y. In this connectiont the City Planning Conmdssion s-~ltted a written report recommending that the diversion be made a permanent facility. (For full text, see report as flied in the City Clerk's Office.} Mr. Jack C. Kennett, Jr., Attorney, representing Mr. Roy M. Martin, ?49 Windsor Avenue, S. W., appeared before Council in opposition to the barricade, advising that Mr. HartinWs home would obtain the brunt of the inconvenience of this, in that the barricade would be in front of his house, that people gather at this barricade all through the night and this creates quite a nuisance, that part of the access to Mr. Martin~s home is being taken and questioned whether or not the city can legally do this and further added that this barrl=ade has destroyed the value of Hr. Martin~s home. Mr, Martin appeared before Council and stated that he does not want the barricade in front of his hone and Inquired if it could not be placed in front of one of the homes of the residents who are in favor of it. Ms. Nancy Henebry, 1806 Grace Street, S. W., spoke in oppos£tion to the barricade because it wi1! create traffic problems~ and a communication from Mr. Charles A. Nichols, 811 Welton Avenue, S. W., in opposition to the barricade was before Council. (For full text, see co~nnunicatlon as filed in the City CIerk~s Office.) Mr. Kennett stressed that It seems there are other ways to regulate traffic than to barricade a street and suggested that humps be placed in the street not in front of any driveways. It was pointed out by the Chairman of the City Planning Co~/sslon that the city researched the street and it was found that no other place In the block was as suitable to place the barricade. The Deputy Asslstant~anager, City Plan~ing, advised that it is intended to install curb extending as asphalt build up with blocks on it and grass and trees will be planted. Approxl/nately twelve citizens were present in favor of the barricade. After approximately a one hour discussion, Mr. Thomas moved that the following Ordinance be placed upon its first reading= (S23115} AR ORDINANCE approving and ordering made permanent, a vehicu- lar traffic diversion facility on Windsor Avenue, S. W., ~-~ the City, by permanent barricade from curb to curb across Windsor Avenue, S. W.~ at or near the west line of Grace Street, S. W. The motion was seconded by Mr. Taub~a~ and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ................................. 6. NAYS: Mr. Hubard ..................1. !~. Hubsrd stated that his no Vote WsS cast l~cause he feels the matter needs further study. ~r. Nartin stated thst he wants a right of way on both sides of the barricade and his yard landscaped to go around ZONING~ Council having previously set a public hearing for 7:30 p.m., Monday, July 26~ 1976, on the request of Southwest Virginia Community Development Fund that property located In the 1500 block of Melrose Avenue, N. W.t described as Lots 9, 10, 11, 12, 13 and 14~ Block 41, Melrose Land Company Map, Official Tax No. 2221709, be rezoned from RG-1, General Residential District, to offlce and Institutional District, the matter was before the body. In this ¢on~ection, the city PlaDntng C~! ssion submitted a written re~ort recommending that the request be granted. (For full text, see re~ort as filed In the City Clerk's Office.) No one appearing in opposition to the request, Mr. Thomas moved that the following Ordinance be placed upon its first reading: (t23116} AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The COde of the City of Roanoke, 1956, as amended, and Sheet NO. 222, Sectional 1966 Zone Map, City of Roanoke, in relatlon to Zoning. The motion was seconded by Mr. T~t~hm~n and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman Thomas and Hayor Taylor ............................... NAYS: None .................................0. ZONING: Councll having previously set a public hearing for ?:20 p.m., Monday, July 26, 1976, on the request of Bill Laferty and Ruby D. Laferty thst property located at 1705 and 1711 Melrose Avenue, N. W., described as Lots 14 and 15, Block 57, Melrose La~d Company, Official Tax Nos. 2221514 2221515, be resoned from C-1, Office and Institutional District, to C-2, General Commercial District, the matter was before the body. In this connection, the City Planning Cn~{sston submitted a written report recommending that the request be approved. (For full text, see report as filed in the city Clerk's Office.) No one appearing in opposition to the request, Mr. Thomas ~oved that the following Ordinance be placed upon its first reading: (%23117) AN ORDINANCE to a~end Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as a~ended, and Sheet No. 222, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council me~bers Bowles, Garland, Grove, Hubard, Taubmam, Thomas and Mayor Taylor .............................7. NAYS: None ................................. 0. ZONING~ Councll havln~ set a public hearing fo~ 7~30 p.mo~ Mouda¥~ July 26w 1976, on the request of Hr. Claude No S~th andH~deline Bo Smith that property located at 2701 Courtland Avenue, M. W°, descrlSed as .45 acre, Official Tax No. 2060537~ be rezoned freeR D, Duplex l~sidentlel District, to C-2, General Cc~mercial District, the matter was before the body. In this connection, the City Planning Comm~ssion submitted a written report recc~maending that the request be denied. {For full text, see report as filed in the City Clerk's Office.) Mr. Claude D. Carter, Attorney~ representing the petitioners, appeared before Council tn support of the request of his client and stated that Hr. Smith intends to expand his business and~ for planning purposes, it is felt that a C-2 designation is needed, and as far as he knows there has been no opposition expressed. No one appearing in opposition to the request, Mr. Thomas moved that the Ordinance be placed upon its first reading. The ~tion was seconded by Mr. Garland and lest by the following vote: AYES= Council members Garland, Thomas and Mayor Taylor ........3. NAYS: Council members Bowles, Grove, Hubard and Taubman .......4. STREKTS AND ALLEYS= Council havlng set a public hearing for 7:30 Monday, July 26a 1976, on the request of Forest Park Baptist Church and its Trustee, Charles B. Warrent, Sr., James E. Humphries and Cloyd W. Bocock, that certain alleys lOcated in Block 2, Herren Place Subdivision Map~ lylng between Lots 6 and 7, Lots 8 and 9, Lots 10 and 11, and Lots 12 and 13, be vacated, dis- continued end closed, the ~atter was before the body. In th~s connection, the City Planning Co~m~sslon submitted a written report recor~en~ing that the request be granted, subject to granting the city a storm drainage easement acceptable to the City Engineer. (For full text, see report as filed in the City Clerk's Office.) The v~ewers appointed to view the alleys submitted a written report advising that they have viewed the alleys and in their opinion no inconvenience would result fro~ permanently vacating, aba~donlng, discontinuing and closing (For full text, see report as filed in the City Clerkes Office.) NO one appearing in Opposition to the request, Mr. Taub~an moved that the following Ordinance be place~ upon its first reading: (123118) AN ORDINANCE permanantly vacating, discontinuing and closing those alleys lying on the west side of 29th Street, N. W., located in ~lock 2, of the Herren Place SubdivislonHap, lying between Lots 6 a~d 7, an~ betwee~ Lots 8 and 9a and between Lots 10 a~d ll, end between LO~s 12 and 13, in the City of Roanoke, Virginla~ end The motion was seconded by Hrs. Bowles and adopted by the following 379 380 AYES~ Co~cil m~nbere Bo~ee, Garland~ Grovew Hubard~ Thomas and Hayor Ta~lo~ ............................................. 7. ~YS~ Nons ................................................. 0. ZONIHGz CO~CL~ hav~g se~ a p~lic hea~lng fo~ 7~30 p,m.~ Honda~ July 26, 1976~ on the r~uest of Lula Al~rta Sca~ et al.~ ~t p~opert~es locat~d a~ 1~06-1~ Patterson Avenue, S. W., lnclus~ve~ described as ~ts 2 - 8, ~nclusive~ Bl~k 11, West ~ ~ River VI~ ~p~ O~fic~al Tax Nos. 1213406, ~nclus~ve, be rezone~ fr~ RG-2~ General Res~dential D~str~ct~ to C- 2~ General C~rc~al D~strict~ the ~tter was before ~ ~y. ~n ~s co~ection~ the city Plying Co~ss~on s~tte~ a wrltten re~rt re~nd~ng ~at the re.est be gr~te~. (For full text~ see report as flle~ In the C~ty Clerk's Off~ce.) ~. Chiles O. Cornel~son~ Attorney~ repr~sent~ng the a~peared before Co~cll ~ s~ted that the original request was to use the property for a b~rding house, that s~nce appearing ~fore the City Planning Co~ss~on his clients have dec~ded ~t will not be used for this p~se, but as a residence, h~ever~ ~ey st~ll desire ~at ~e property be rezoned with ~derst~ng that no ~e~iate C-2 use ~s foreseen. The Cha~ o~ ~e city Pla~ng C~ss~on stated that ~e ch~ge ~s not signific~t enough to warr~t referral back to ~e City Planing Co~is~ion~ No one a~pear~ng ~n op~sition to ~e request, ~. Grove moved that the followlng Ordln~ce be placed ugon lts f~rst (~23119} ~ O~IN~ to ~n~ Title ~, Chapter 4.1, Section The C~e of the City of ao~oke, 1956, as ~ende~, ~ Sheet NO. 12~, Sectlonal 1966 Zone ~p, City of Ro~oke, in relation to Zoning. The motion was ~econ~e~ by ~s. B~les and a~opted by the following vote= AYES= Co~cll ~ers ~owles, GarliC, Grove~ H~ard~ Ta~, Th~s an~ ~ayor Taylor .................................. NAYS= No~e ..................................... 0. ZONING= Co~cil hav~ng prevlously set a p~l~c hearlng for 7=30 p.m., Monday, July 26~ 1976, on ~e re~est of Messrs. R. ~e ~stin ~ W. He~o~ Fralin, ~at property located in ~e 1200 block of ~el Street, S. E., described as ~t 15, Plat of Hillhurst ~ts, Official T~ No. 4040901, be rezone~ fr~ ~-3, S~ngle F~ly Residential Distr~ct~ to ~, Duplex Residential D~strict, ~ ~tter was before ~e In ~is co~ection, the City Pla~ng Co~ss~on s~tte~ a written report rec~nd~g that ~e re~est be grated. (For full text, see report as filed in ~e City Clerk's ~e~yor pr~sente~ a ~etltlon s~gne~ by 34 residents ~n op~sltion to the re.est. ~o Lewis Hayes, 503 Camilla Avenue, S, Bo, appeared before Council in opposition to the request, advising t_hat the area in question does not satisfy the existing zoning ordinance require~nt for a sixty foot frontage for Duplex Eesidential~ that the lot is located on a curb and has no exit or entrance other than Laurel Street and requested that Council deny the rezoning in compliance with and enforcement of the existing sixty foot frontage requirement for rezoning to RD. lit. H. H. Fralin, Attorney, appeared before Council and made the following polnts~ this Is a fifty loot lot and is one of the last remaining lets of this size in the City of Roanoke, it is proposed to construct a 10 X 31 foot two story hrlck duplex, the lot has been on the market for sale £or a ntmber of years and it is felt by the petitioners and the City Planning Commis- sion that it will not be sold unless it is zoned duplex residential, and sufflclea[ off street parking will be provided, and it is not felt that a duplex will be detrimental to the neighborhood. Approximately six citizens were present in opposition to the request for rezoning. Hr. Thomas moved that the following Ordinance be placed upon its first reading: {423120) A~ ORDINAltCB to amend Title XV, Chapter i.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 404, Sectional 1965 Zone Hap, City of Roanoke, in relation to Zoning. The motion was seconded by ~ir. Taubman and adopted by the followln9 AYES: Council me-~bers Garland, Grove, Nubard, Taubman, Thomas and Hayer Taylor .......................................... 6~ NAYS: Council member Bowles ..................... 1. ZONING: Council having set a public hearing for 7:30 p.m., Honday, July 26, 1976, on the request of Thomas H. Beasley, Jr., Belong, Incorporated, Silly N. Sranch, Lynn Drae Farms, Incorporated, and Ruby H. Patrick, Jr., that 150.11 acres of land be rezoned from R~-3, Single-Family Residential District, to I24, Light Ma~ufacturlng District, and that 62.?6 acres of land be rezoned from RS-3, Single-Family Residential District, to C-2, General Commercial District said tracts generally bounded on the south by U. S. Route 460, on the west by Statesman Industrlal Park, on the north by property of Clement D. Johnston and Nancy Douthat Goss, et als., and on the east by the Roanok~ City corporate li/~e as established on January l, 1976, and the property of Lula Virginia Gish, was before Council. The City Planning com~ssion s~mltted a written report recommending that the request be approved. (For full text, see report as filed in the City Clerkts office.} Mr. Alton B. Prillaman, Attorney, appeared before Council in support of the request of his cIients. 382 Hr. Nelson Dudley, 4110 BluevlewDrlve, Roanoke County, appeared before council in opposition to the request, advising ~hat having an industrial park wlthln forty feet of his property will devalue same. Hr. Hubardmoved that the £ollowlng Ordinance be placed upon its first reading= {923121} AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 721, Sectional 1966 Zone Map, City of Roanoke, ~n relation to Zoning. The motion was seconded by Mr. Grove and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubardw und Mayor Taylor ................................. 6. NAYS~ None ............................. 0. (Hr. Thomas not voting) Hr. Thomas requested that the record show that he has no interest in this property, however, he Is abstaining from voting because one of his law partners and he and Hr. Beasley are partners in other ventures. STREETS AND ALLEyS= Council having set a public hearing for 7=30 p.m., Monday, July 26, 1976, on the request of the City o~ Roanoke Redevelop- ment and Housing Authority, that a portion of Madison Avenue, N. E., approx£- merely 50 feet in width, extending from its intersection with the easterly line of 5th Street, N. W., in an easterly direction approximately 150 feet to its intersection with a proposed new cul-de-sac to be constnlcted~ be vacated, discontinued and closed, the ~atter was before the body. The City Planning Commission submitted a writte41 report reco~mendlng that the request be granted. {For ful! text, see report as filed in the City Clerkts Office.) The viewers appointed to view the street submitted a written report advising that they have viewed the street and the neighboring property and, subject to unknown interests of the City of Roanoke, they are unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing permanently the portion Of the street. (For full text, see report as filed in the City Clerk's Office.} No one appear~tg in opposition to the request, Hr. Taubma~ moved that the following Ordinance be placed upon its first reading: (%23122) AN ORDINANCE per~nently vacating, discontinuing and closing a portion of Madison Avenue, approximately 50 feet in width, extending from its intersection with the easterly line of Fifth Street, N. W., in an easterly direc- tion to its intersection with a proposed cul-de-sac, in the City of Roanoke, Virginia, all Of which is more particularly described hereinafter. II 383 The motion was seconded by ~r. Hubard and adopted by the following vote= AYES= Council ~,~ers ~owlee, Garland, Grove, Taubman, Thomas and Mayor Taylor ................................ NAYS= None ...........................0. (Mr. Hubard was out of the Council Chamber) ZONING= Council having set a public hearing for ?=30 p.m., ~onday, July 26, 1976, on rszoning that area bounded on the north By Norfolk and Western ~allway property, on the east By the cltyas January 1, 1965 corporate l~mit line, on the south by a line following Virginia Route 712 and a northwesterly extension of that line for a distance Of approximately 200 feet from the Intersection of Virginia Route 712 and Westland Road, S. W., to a point, and on the west by a line extending northeasterly from said point for a dlstaace of approximately 400 feet to the aforesaid Norfolk and Western Rallway property from ~S-1, Single Family Residential District, to L~, Light Hanufacturing District and P~-3, Single Family Residential District, the matter was before the body. In this connection, the City Planning Commission submitted a written report reconunending that the rezoning he approved. (For full te~t, see report as filed 1~ the City Clerk's Office.} No one appearing in opposition to the request, Mr. Taubman moved that the following Ordinance be placed upon its first reading= (~23123) AN ORDINANCE a~ending Section 2, of Chapter 4.1, of Title of the Code of the City of Roanoke, 1956, as a~ended, providing for zoning classifications for an area in the southwestern quadrant of the City, which area was annexed by the City of Roanoke as of ~ight, December 31, 1975, a~ incor- porating said area into the Official 1966 Zoning Hap of the City of Roanoke. The motion was seconded hy Mr. Thomas and adopted by the following vote= AYES= Council me~mbers Bowles, Garland, Grove, Hu~ard, Taubman, Thomas and Mayor Taylor .......................... ?. HAYS= None ............................ STI~EETS AND ALLEYS-SCHOOLS= Council having set a publlc hearing for ?=30 p.m., Monday, July 26, 1976, on the request of the Roanoke City School Board that that certain street now dedicated as a proposed extension of Dudding Street, S. W., a certain ~nna~ed street which borders the northern boundary of Woo~row Wilson Junior High School as shows on the city's Tax Appraisal Hap No. 153, and a fifty-foot alley which extends northeasterly approximately fifty feet from th~ proposed extension of Dudding Street to the now existing Dudding Street, S. W., be vacated, discontinued and closed, the matter was before the body. In this connection, the City Planning Commission suhm~tted a written report reco~ending that the request be granted. (For full text, see report as filed in the City Clerk's Office.) 384 The viewers appointed to view the street and alley submitted a written report advising that they have viewed the street and alley and are unanimously of the opinion that no inconvenience ~ould result, either to any individual or to the public, from permanently vacating, closing and discontinuing same. (For full text, see report as filed in the City Clerk's Office.) Ho one appearing in opposition to the request, ~b:. Hubard mOved that the follo~ing Ordinance be placed upon its first reading: (~23124) AH ORDINANCE permanently vacating, discontinuing and closing that certain street no~ dedicated as a proposed exteneion of Pudding Street, S. W., a certain unnamed street bordering the northern boundary Of Woodro~Hllson Junior High School and an alley, as abcom on Plan Ho. 5530, prepared under date of July 9, 1976, in the office of the City Engineer, Roanoke, Virginia, eho~ing the vaca- tion of said streets and alley, a copy of which plan is on file in the office of the City Clerk. The motion was seconded by Hr. Thomas and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Ta~, Thomas and Hayer Taylor .......................... 7. HAYS: Hone ............................0. p~£I~IO~S A~D CO~iI~ilCATIOHS: BUDGET-CO~iONI~LTH~S A~TOP~EY: A communication from the Con~uon- wealth's Attorney requesting that $3,280.00 be appropriated to Other Services and Charges and $?00.00 to Supplies and Haterials under Section t0710, 'Common- wealth Attorney,' of the 1976-77 budget, to provide funds for certain dues and machine rentals and various supplies and expenses, was before Council. {For full text, see co~unication as filed in the City Clerk's office.) It appearing that the request had not received prior recommendation from the City Hanager, Hr. Hubard moved that action on the request be deferred until the next regular meeting of Council on Honday, Auqust 2, 1976, pending receipt of a recommendation from the City Manager. The motion was seconded by Mr. Grove and tulallid~ously adopted. RADIO-TELeVISION: Copy of a co~unication from Mr. WilllamF. Clark, Clerk, Roanoke County Board of Supervisors, to Roanoke Valley Cablevision, Incorporated, transmitting copy of ordinance No. 1544 adopted by the Board on July 13, 1976, which amends Ordinance No. 1178 granting a CATV franchise to Roanoke Valley Cablevision, Incorporated, was before Coullcil. (For full text, see communication and Resolution as filed in the city Clerk's Office.) Hr. Taubmanmoved that the eomunicatio~ and Resolution be received and filed. The motion was seconded by Hr. Garland and unanimously adopted. ANNEXATION-CONSOLIDATION: A co~unicatlon from Hr. WilliamF. Clark, Clerk, Roanoke County Board of Supervisors, transmitting copy of Resolution No. 1557 adopted by the Board on July 13, 1976, accepting a schedule of debt assumed by the City of Roanoke, together with a copy Of the schedule of debt, and request- ing Council's prompt consideration for approval of this schedule. II (For full text, see cc~nmunication and schedule as filed in the City Clerk's Office.) Hr. Taubman moved t~at the cc~nunlcstion and schedule of debt be to the City Atto~neyw Director of Finance and independent auditors for study~ report and rec~endat£on to council. The notion vas seconded byHr. Nub~rd and unanimously adopted. ItEPORT$ OF OFFICEI~ BUD~ET-GPJ~{TS-pLANNING= The Assistant City Manager submitted a written report requesting appropriation Of $2~019~000.00 to various program activities in connection with the Co~auunlty Development Block Grant Program~ advising that $60,000.00 will go directly to the City of Roanoke Redevelopment and Housing Authority for the code Enforcement Rehabilitation Loans Project, and that H. B. D. has retained $50w000.00 per the urban renewal project interest in Gainsboro and $500,000.00 for interest payment and principal reduc- tion in the Downtown East Urban Renewal project. (For full text, see report as filed in the City Clerk*s Office.) ~r. Hubard offered the following emergency Ordinance appropriating the requested funds: (t23125) AN ORDINANCE to a~end and reordain the City of Roanoke*s 1976-?? Grant Program Account, and providing for an emergency. {For full text of Ordinance, see ordinance Book No. ~r. Hubard moved the adoption of the Ordinance. The motion was seconded hy Mr. Garland and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................. 7. HAYS: None ...............................0. BUDGET-STATE NIGHWAYS= The Assistant City Manager submitted a written report requesting that $1,077,250.00 be transferred from the Highway Construction Fund Capital Account to various highway projects under the Capital Fund cate- gory in order to pay Interfm bills from the State Department of Highways Transportation for their work in developing certain aspects of these various projects. (For full text, see report as filed in the City Clerk's office.) Mr. Thanes offered the following emergency Ordinance transferring the requested funds: (t23126) AN ORDINANCE to amend and reordain certain sections of the Capital Fund of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taubma~, Thomas and Mayor Taylor ................................7. NAYS= None ...................................0. 386 BU~3E~-RA~A~ ~he Assis~ant Cl~ ~tnager subnl~ted a w~lt~eu report recanting ~a~ ~he CL~y ~a~e~ be au~o~lzed ~o ~eF ~o a con~F~c~ ~e-Office of ~e Secre~ of H~ Reso~ces, C~nweal~ o~ fo~.~e provision of ~ans~a~lon se~ices foF ceE~ain ~lien~8 8e~lce ag~cies l~a~ed In ~e Flf~ Plying Dls~ic~ ~d also a contrac~ ~l~ ~ for provision of ~ose seduces, ~d ~a2 $26~500.00 be appropriated (For full ~ see Fe~ aa [ilea In ~e Cl~y CZerk*s office.) ~. Hubard o[fered ~e roll.lng ~rg~ Ordin~ce appropriating the rec~ended f~dsl (%23127) ~ O~I~CE to ~end and reordain ~e City of Ro~oke*s 1976-77 Gr~t Pr~r~ Accost, ~d providing for an ~rgen~. (For full t~t of O~lnance, see Ordin~ce Book No. ~. H~ard moved the adoption of ~e Ordin~ce. The ~tion was seconded by ~. Garl~d and adopted by ~e foll~ing vote= A~S~ Co~cil ~ers ~les, Garland, Grove, H~ard~ Th~s and ~yor Taylor ................................ NAYS: None ..................................0. ~. H~ard offered ~a foll~ing Resolution au~orizing the City ~nager to enter l~to ~e agre~ts= (%23128) A ~SO~TION au~orizin9 ~e City ~ager to e~ter into agre~nts wi~ ~e Office of ~e Secreta~ of H~n Reso~ces of the Co~nweal~ of Virginia, ~d ~ Unified H~ Se~lces Tr~sportatlon Syst~ (~) which agre~ts will provide for continuation of a h~ se~lces delive~ syst~ for ~e Ro~oke Valley ~d for ~e accept~ce of Federal Gra~t f~ds provided for ~at ~. H~ard moved ~e adoption of ~e Resolution. The ~tion was seconded by ~. Garl~d ~d adopted by ~e following ~s and ~yor Taylor .............................. ~YS= None ................................ 0. CI~ ~Y~S= The Assist~t City ~nager S~tted a written re~rt in co~ec~ion wi~ Ordln~ce No. 22334 pertaining to special leave, reco~d~g ~at ~ additional clause be added to said 0rdin~ce to provide for pa~ent on separation fr~ ~e city by resi~ation or dis~ssal for acc~ulated speclal leave, ~at ~is be ~de retroactive to July 1, 1976, ~d be applic~le to ~ose foyer city ~loyees whose se~ices ~re re.hated on J~e 18, 1976, due to el~nation of ~eir positions, ~d that sufficient f~ds be appropriated for ~s p~se. (For full t~t, see report as filed in ~e City Clerk's Office.) The Assls~t City ~ager advised ~at for ~loyees affected by ~e 3~e 18 te~nation, it would ~t to approx~tely $3,584.12, that tt is felt if this special leave is not f~ded, we ~y as well r~ve ~e b~ks ~d ~ose ~loyees te~ated on J~e 18 should receive pay for acc~ed special leave. Itt. Ta-~n ~oved that the matter l~ referred to the City Attorney £o~ prep~at~on oE ~e proof ~as~e app~opr~at~g f~ds to ~ay ~ose ~loyees te~natea on J~e 18. ~e ~t~on was second~ by ~. Th~s ~d ~usly adop ted, ' ~e ~s~s~nt C~ty ~nager ~ted out ~at If Comc~l approves f~ding Eot special leave ~r~ ~ls t~ on~ ~t ~uld be est~ted to cost approx~tely $15,000.00 to $20,000.00 per year. ~o~c~l v[~ a ~ec~da2[on ~n res~ct to paten2 for s~ec~el leave v~thin the next two weeks ~ an estate of ~e a~ual cost. The ~lon was seconded by ~. Th~s and ~us~y adopted. In ~s co~ection~ a c~lcat~on fr~ ~. D. W. Grah~ advising ~at ~ose ~ployees who were te~nated d~e to budget l~tations have not received pay for all leave due th~ or ~y special leav~ earned~ and requesting pa~ent of c~nsato~ t~e for ~ose ~loyees who had ea~ed s~e, was before (For full text, see c~[cation as filed ~n ~e C~ty Clerk~ Off~ce.) W~ re~erence to that ~ort~on of the c~lcat[on dealing with pa~ent for c~pensato~ t~e, ~r. Th~s ~ved ~at ~e C~ty ~nager be requested to s~t c~ents tO Co~c~l at its n~t regular meeting on ~onday, August ~6. The motion was seconded by ~. Ts-~m~n and ~an~usly adopted. STA~ HIG~YS-S~ ~ S~ D~INS: The ~s~st~t City ~nager s~2ted a ~tt~ re~rt ~n con~ect~on w~ sto~ water on Ten~ Street at C~p~ll Avenue, l[2t~ng several possible solut[ons~ ~d reco~end[ng ~e city proceed w[~ developing const~ct[on plans for ~e extension of ~e 36-~nch sto~ sewer to the river and advertise ~e project. (For full t~t, see report as f~led ~n ~e City Clerk's office.) ~. H~ard moved that the reco~endat[on be =~rov~d an~ that th~ City Atto~ey be requested to prepare ~e proper meas~e. The motion was ~econd- ed by ~. Ta~ and ~usly adopted. B~: The ~sist~t City ~nager s~tted a ~tten re~rt recording ~at Co~cil conc~ ~n a request of Wiley N. Jackson Co~y to use a portion of So~ Roanoke Park for stockpiling excavated ~ter~al from ~e Jefferson street Bridge Project. (For full t~t, see report as filed in ~e City Clerk's Office.) ~. Ta~Bm~ offer~ ~e foiling ~esolut~on cohering ~n the recordation of ~e ~sist~t City (%23129} A ~SOL~ION conc~r~ng ~n ~e t~ora~ use of a ~ort[on of Sou~ R~nok~ Park for stockpiling of exuavated ~ter~al by Wiley N. Jackson Co., ~n co~ection w~ ~e Jefferson S~eet Bridge project. (For full t~t of Resolution, see ~esolut~on ~. Ta~ ~ed ~e adoption of ~e Resolution. The motion was seconded by ~. Grove ~d adopted by ~e following vot~ 38:'7 388 AYES~ Council members Bovles~ Garland~ Grove~ Nubard~ Tho~as ~d~yor Taylor ........................... 7. ~YS~ None ..............................0. BUS~ ~e ~sist~t City--agar s~tted a~ltt~ re~rt ~tt~ng a ~so~ut~on re~at~g ~o ~ttuce Days~ d~g August, 1976, r~quested by ~ Ro~oke~ Inco~rated~ ~d approved by ~e ~ard of Directors of Greater ~oke Tr~s~t C~y. {For full t~t, see re~rt as ~led ~n ~e City Clerk's Off,ce.) ~. Grove offere~ ~e fo~l~g Resolution; ([23130) A ~SO~TION a~oriz~g Greater Roanoke Tr~s~t C~p~y to arr~ge a r~uction of certain ~ares In ~e C~ty on August ~3 and 14, ~976. (For full t~t of Resolution, see Resolution ~k No. ~. Grove moved the a~option of ~e Resolution. The ~t~on was sec~de~ by ~. Garlan~ and adopted by ~ foll~ng AYES: Co~c~l m~ers B~les~ Gar~d~ Grove, H~d~ T~,~, Th~s an~yor Taylor ............................. NAYS= None ................................ 0. PURC~ING AGE~-EQUZP~NTt ~e Assistant City Manager s~itted a writt~ report concurring ~n a re~rt of ~e Bid Co~ttee rec~ending ~t th~ b~d of ~sign Bus,ess Znteriors~ Incor~orated~ in ~e net ~o~t of $22,402.71 for f~nishing steel shelvlng in ~e ~ter~als Control Warehouse, be accepted, (For fuji t~t, see reports as Eiled in ~e City Clerk's Office.) ~. Th~s moved ~at Cocci1 conc~ in ~e reports. The motion was seconded by ~. H~ard and ~ously adopted. CO~C[L= The Ass[st~t City ~nager s~t~m~[ted a Written report requesting an ~ec~tive Session to discuss a ~tter of pending litigation. (For full text, see report as filed in ~e City Clerk"s Off,ce.) ~. Ta~ moved ~at Cocci1 meet in ~ecut[ve Session to consult wi~ ~e ~sist~t City ~ager ~d ~e City Attorney conce~in~ pending litiga- tion of which ~e c[ty~y be a party. The motion was seconded bye. Tho~s ~d adopted by ~e foiling vote: AYe= Cocci1 ~ers B~les~ Garl~d, Grove, H~ard, Ta~ Th~s and Mayor Taylor ............................... 7. NAYSt No~e .................................. 0. DI~C~R OF FIN~CE-T~U~R-CO~SSIO~R OF ~= ~ previously repasted by Cocci[ at its Study Session on July 1, 1976, ~e City Attorney s~tted a ~itten report tr~tting ~ Ord~ce by which the Cocci1 ~y provide for a referend~ to be held Nov~er 2, 1976, on ~e question oE ~e City Charter, effective J~ua~ 1~ [978, so as to ~lish ~e Off,ce of ~e City Treasurer and ~e Off,ce of ~e C~ss[oner oE Revenue~ as e[ective offices ~der ~e ~arter, ~d so as to ~ansfer ~e duties of those offices as ~ey perta~ to revenues o~ ~e city to ~e Office of ~e Director of F[n~ce. (For full t~t, see report as filed in ~e City Clerk's Office.) itc. d. H. Joh~nson, 'A'easurer, appeared before Council and expressed objection to the proposal, advising that the Treasurer and Co~lssioner of Revenue better serve the taxpayers by being elected officials. After a period of discussion ~nwhich each menber of Council had his or her opportunity for co~neflt, H~o Rubardmoved that the following Ordinance be placed upOn its first reading: (i~3131) AN ORDIRANCE directing and providing for the holdin~ of an election in the City of Roanoke~ Virginia, on the 2nd day of November, 1976~ to deter~ne whether the qualified voters of the City of Roanoke approve amendments to the Roanoke Charter of 1952, es a~ended, to boccie effective January 1, 1978, so as to abolish the offices of the city treasurer and commissioner of revenue as elective offices under the Charter of said City and so as to transfer the duties Of those offices, as they pertain to the revenues of the City, to the office of the Director of Finance under the City goverr~nent. The motion was seconded by H~. Ta-h~a and adopted by the following vote: AYES: Council me~bers Garland, Grove, Hubard, Taubman and Nayor Taylor .................................................... NAYS: Council me~bers Bowles and Thomas ........2. A~PALACHIAN POWER COMPAI~: The City Attorney su~mitte~ a written report advising that a representative of his office appeared before the State Corporation Commission on July 14th with regard to Appalachian Power Company's request for a rate increase, that a position neither opposing nor supporting the Company's request was taken on behalf of the city, and the right to take an affirmative position on either side of the case was reserved to the city. (For full text, see report as filed in the City Clerk's office.) Mr. Taubman moved that the report be received and filed. The motion was seconded by Mr. Hubard and unan~ously adopted. AUDITS: The Assistant Director of Finance s%lbmitted a financial report for the month of June, 1976. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas made refercuce to the deficit in the budget and advised that under law, his i~pression was that Council could not adopt or have a deficit budget at year end. The Assistant Director of Finance advised that the unaudited financial statement for June showed income of $$3.1 m~lllon and outgo of $63.4 million for an operating loss on the year, that Council was required to reduoe its budget by approximately $1million at the beginning of the year and there was a loss rather than a surplus. Mr. Thomas ~oved that the financial report be referred back to the Director of Finance for clarification in respect to the surplus item. The motion was seconded by Mr. Ta~mnan and unanimously adopted. 390 BUI~ET-PUBLIC i~ELFAI~: Tim Assist~nt Director OE Fln~ce s~tted a staler of e~ndit~es ~or P~XAc ~elf~e for ~e ~ ~ded ~e 30, 1976. ~as se~nded b~ ~. H~d ~d ~usl~ adop2ed. quarterly ~eceip~ of Federa~ Revenue ~. H~a~d offered ~e foll~in~ ~rgen~ O~din~ce ~nd~ng Refuse Collect[on, Police Dep~en~ and F~re Depa~nt Acco~ts~ [$23~32) ~ O~X~CE to ~en~ and reorda~n certain sections 1976-77 Approprtat~on Ordinate, and providing for an ~ergen~. (For full text of Ord~n~ce, see Ord~n~ce B~k No. ~. H~ard ~ve~ ~e adoption oE ~e Ordinance. The motion was secon~e~ by ~. Tarn ~d adopte~ by ~e roll,lng vote: Th~s an~ Mayor Taylor ................................ 7. ~YS = None ..................................0. ~. H~ard offer~ ~e foll~ng ~ergen~ Or~n~ce ~d~n9 the Refuse Collection, Police Depar~t~ ~ Fire Depar~ent Accosts ~d Revenue Sharing Trust (123133) ~ O~I~CE to ~ an~ reor~a~n certain sections of ~e 1976-77 Appropriation Ordin~ce, ~ providing for an ~rg~. (For full ~ext of Ordin~ce, see Ordinance Book No. ~. H~ar~ move~ ~e a~op~on of ~e Or,in,ce. The motion was seconded by ~. Ta~ and a~opte~ by ~e foll~ng vote: Th~s and ~yor Taylor ................................. NAYS: No~e .................................. 0. CI~ GO~T: The Ass~s~t Director of Fin~ce s~mitte~ a wrltt~ re~rt of ~e Director of Fin~ce r~uesting approval for pa~ent of ~enses of ~. DaVi~ X. Lisk as ~e city's represen~tive to ~e Sister Cites International Conference to be hel~ ~ Mobile, Alab~ on August 23 - 29~ 19~6. (For ful~ text~ see c~cation as filed ~n ~e City Clerkes Off~ce.) ~. Th~s move~ ~at Co~cil approve ~e e~ses of ~. Lisk to atten~ ~is erst. ~e motio~ was seconded by ~s. Bowles an~ ~usly a~opt~. ~ORTS OF CO~I~S: ~1NIS~D BUSI~SS: P~O~L: Co~cll having previously deferred actlon on a report of ~e City Attorney conceding residen~ requir~nt for m~ership to Perso~el Board, a~vising ~at ~e ~o m~ers who ha~ previously live~ outside the city l~ts are n~ city resid~ts d~e to ~atlon, ~d again record- ing that clarification of ~e rule state~ tn Section 4, Chapter 13~ Title of ~e City Co~e be considere~ by Co~cil as conta~e~ in his J~e 21 report, ~e ~tter was aga~ before ~e (For full text~ see report as filed in the City Clerk's Office.) In view GE the fact that all ~ers of the Personnel Board ere now city residents~ M~. Hubard advised that the question is moot a~d moved that the report be received and filed. The motion was seconded hymn. Thomas and unanimously adopted. The Mayor made reference to city employees who serve on various co~mitteds and asked if this city residency requirement would also apply to them, and by example, mentioned the Board of Trustees, ~mployees' Retirement System~ wherein the Council recently requested that the Police Department select one of its m~mbers to this Board. Hr. Thcx~as advised that since he made the m etlon that all future committees be composed of city residents~ he would be amenable to broaden the scope, and moved that the City Attorney be instructed to prepare the proper measure to amend the present requirem~nt that all members of authorities, boards~ cc~mnissions and committees be residents of the City of Roanoke to exempt those individuals who serve on said authorities, boards, com~tsstons and co~mittee2 by reason of their capacity being city employees. The motion was seconded by Mr. Taubman and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF O~DINANCES AND I~ESOL~TIONS: COUNCIL= Ordinance No. 23075 a~endlng a~ld reordaining Rule 1 of Sec. 2, Chapter 4, Title II, of The Code of the City of Roanoke, 1956, as amended, relating to the regular meetings of the Council of the City of Roanoke, by providing that Council will hold its regular meetings on the first, second and fourth Mondays of each menth, effective September 1, 1976, having prevlously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Hubard offering the following for its second reading and final adoption: (%23075) AN ORDINANCE to amend and reordain Rule i of Sec. 2, Chapter 4, Title II, of The Code of the City of Roanoke, 1956, as amended, relating to the regular meetings of the Council Of the city of Roanoke~ providing for the effective date of this Ordinance. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman end adopted by the following vote= AYES: Council members Bowles, Grove, Hubard, Ts-~m~n ..........4. NAYS= Council members Garland, Thomas and Mayor Taylor ....... RADIO-TEL~VISIO~: Ordinance No. 23112 emending Ordinance No. 22025 granting to Roanoke Valley cablevision, Inc., the r£ght~ for the term and upon the conditions therein stated, to use the streets, alleys and public ways to erect, construct, operate a~d maintain a co~n~hnity anterula television system in the city and concerning related matters, in the following particulars, viz: by amending and reordainlng Section 4. Construction and Syste/a Extension., and by amending and reordaini~g Section 10. Rates and Charges., of said franchise 39~_ 392 Ordinance~ having previously been before Council for its first read~ng~ read and adopted on its first reading and laid over, was again before ~e ~. Garl~d offe~n~ ~e roll.lng for its second ~ead~g ~d f~nal adop~on~ 1975~ gr~t~g to Roanoke Valley C~levlslon~ Inc.~ ~e rl~ht~ for ~e and u~n the conditions ~ereln atated~ to use ~e st~eets~ alle~s and p~lic {~) systa la the city ~d concerning related mtters~ ~ ~e ioll~lng particulars~ viz~ by ~ndlng ~d reordaining Section 4. Const~ction and Syst~ ~tension., and by ~nding and reordaining Section 10. ~tes and Charges. ~ of said fr~chise Ordin~ce. (For full t~t of Ordinate, see Ordinance B~k No. ~. Garland ~ved ~e adoption of ~e Ordin~ce. The motion was seconded by ~. H~ard and adopted by ~e foll~ing vote= AYES= Co~cil m~ers Bowles~ Garl~d~ Grove, H~ard~ Th~s and ~yor Taylor .............................. 7. ~YS ~ No~e ................................0. BU~ET-C~SATION BO~= Co~=il having previously instructed the City Attorney to prepare the proper meas~e wi~drawing ~e city's objection and ~rotest to certain salaries, e~enses and o~er all~ces tentatively fix~ by the State C~sation Board for ~e constitutional o~fices of the city, ~d f~er wi~awin9 a re.est for a hearing to dete~ne the merits of such protest and objection, he presented ~. Tarn stated ~at he ~de ~e motio~ to appeal ~e decision C~pensation Board ~d ~is was done because at ~e t~e ~e budget was fo~d Co~cil advised ~at it ~uld not gr~t merit raises or cost of living raises for city ~loyees ~d f~lt ~is should be ~de ~ifo~ wi~ the state ~d, wi~ ~at ~ ~nd, moved that ~e ~o Co~ci~en pr~viously appointed by ~e Hayor be all~ed to meet wi~ ~ C~sation Board on August 9~ 1976, to car~ out ~e original int~t of ~e Cocci1. The motion was seconded by S~ce ~. H~ard ~d ~. Ta~ were ~sent at the last meeting, ~s ~la~ed ~at ~. E. Griffi~ D~son, Jr., Attorney, represent~g Treasurer, appearud before Co~cil ~d presented ~e position of ~e Treas~ar (see ~nutes of ~uly 19, 1976). ~. ~s stated ~at it comes do~ to say city would ~ buy~g a law suit ~d forcing ~e Treas~er into filing it, t~ing ~e City Atto~ey~ t~e to ~dle ~e ~tter, ~d ~e end result would prob~ly be ~at ~e C~p~sation Board would not ch~ge its ~nd ~ay. ~. H~ard s~ted ~at he ~i~s ~y t~e Co~cil mentions it ~y its decision ~ view of a ~eat~ed law suit, he wants no part of it, ~at Cocci1 has denied all city ~ployees a pay increase ~d he d~s not ~l~' should say ~ere are certa~ privileged people ~ ~e city, ~at ~e Co~cil should proceed ~th the hea~incj before the Co~pensation Board ~d ~f says l~ is going ~o ~lve ~e ~aises ~o ~e cons~l~u~lona~ o~f~ces~ Co~cil will ~ it has done all l~ c~ ~der ~e cl~t~ces. Hr. Th~s, as a s~st~tute ~tion, offered ~e foll~lng ~solution~ (~23134) A ~SO~ION wl~drawin~ ~e Clty"s objection ~d to certain aalaries, e~enses and o~er all~ces tentativel~ fixed by State C~ensatlon ~ard for ~e constitutional offices of ~e city and f~er wl~draw~n~ a r~uest for a hearing to dete~ne ~e ~r~ts of such protest and objection. (For full t~t of Resolution~ see Resolution ~k No. ~. Th~s ~ved ~e adoption of ~e ~esolution. The ~tion was seconded by ~s. ~les and adopted by ~e foll~ing vote= AYES: Co~cl1 m~ers ~les, Garland~ Th~s and ~or Taylor---4. NAYS: Co~c~l ~ers Grove~ H~ard ~d Ta~ .................. The Treas~er ap~ared ~fore Co~cll and requested ~at he authorized to tr~sfer $200.00 which was previously approved for an adding ~chine to ano~e~ accost to en~le h~ to purchase a long carriage t~e~iter. ~. Grove moved that Co~cil conc~ in ~e request. The ~tion was seconded by ~. Th~s and ~usly adopted. AI~ORT~ Cocci1 having ~rev~ously directed ~e City Attorney to prepare ~e proof measure e~r~ssing the intent of Co~c~l to gr~t to the United States of ~eriua, for use by ~e Federal Aviation A~nlstratlon~ certain rights of en~ upon certain properties propos~ to be hereafter acquired or leased by the city, he presented s~el whereupon, ~. Ta~ offered ~e foll~- ~ng Resolutlon= (%23135} A ~SOL~ION e~ress~ng the intent of Co~c~l to gr~t to ~e United States of ~erica, for use by ~e Federal Aviation A~nistration, certain rights of ent~ upon certain properties proposed to be hereafter acquired or leased by ~e city. {For full t~t of Resolution, see Resolution ~k No. ~. T~-~an moved the adoption o~ ~e Ord~n~ce. The motion was seconded by ~. H~ard and adopted by ~e roll,lng vote: ~s and Mayor Taylor ................................ NAYS: None ..................................0. H~IONS ~ H~SCE~0~S BUSINGS: A~ORITI~, B~S, CO~ISSIONS ~ C~I~ES= Relative to ~e ~tter of appo~n~nt of a Citizens~ Blue Ribbon ~ng-~nge Pla~ing and ~al Setting C~ttee, ~e ap~in~ent of a c~ttee to consider plans for c~ssloning of ~e U. S. S. ~oke, ~d a c~ittee to study c~sition of ~e A~ort Advlso~ C~ssion, ~. Ta~ moved ~at action on ap~n~ent of said c~ttees be deferred ~til ~e n~t regular meeting of Co~c~l on Monday, Au~st 2~ 1976. The ~tion was seconded by ~. Grove and ~ously adoptS. 393. 394 Nith rs~erenca to ca~tain yacancies on vs~lous au~horitiss~ boards~ c~t%tees and cc~mlssionsw Mr. Ta-~Anmoved that action on filling said vacancies be deferred until the next regular meeting of cooncil on Monday, August 2, 1976. The ~otion was seconded by Mr. Grove and unanimously adopted. OTHER HEAP~NGS OF CITIZENS~ POLICE DEPARTMENTs Mr. Alfred W. Cheatwood~ 3705 Hershberger Road~ N. W.~ appeared before Council and made reference to the lack of law enforcement in the City Of Roanoke and stated that due to the lateness of the hour, he would refrain from making hie remarks and would request t~ume on councllts agenda at a later date to make his presentation. TAXESt Hr. Grove made a verbal statement that the citizens Of the City of Roanoke have been through a very wearing perio~ of tax reevaluation and all of the members of Council have received many telephone calls, letters and c~mplaints concerning thisw that in many cases the reassessme~t went as high as 100 per cent and above, that this is a shock to a person even if he can afford it, that everyone who contacts him and asks what they can do or what he can do to help, he advises them to take all of the recourses open to them, to go back to the Assessor, to take the case through the reevaluation procedure and even further if necessary, that there was in the newspaper a week ago a question and answer article ~at answered a lot of questioas and he refers the citizens to that article, and, with this background, moved that any tax income realized from the reassessmunt and taxing increase on our real estate that is over and above the budgeted figure for real estate tax income for fiscal year 1976-77 be returned to the eitizeals of the City of Roanoke by decreasing the $1.64 rate proportionately. The motion was seconded by Mr. Hubard. After having been advised that the CoUncil Policy Study Co~=a~ttee intends to make a report to Council concerning the Real Estate Assessor's Office and the real estate tax matter, Hr. Hubard moved thatMr. Grovets motion be deferred unt£1 after that report is received. The motion was seconded by Mr. Taub~an and tmanimously adopted. Hr. Th~s, Chair~/1, of the Council Policy Study Co, tree, s~Bm{tted a written report a~vlsing that the committee met with the Real Estate Assessor on July 19th and July 26th in an effort to determine the existence of policy, written and/or verbal and the implementation of existing pollcy ss it pertains to that office, advising that the CO~L~tte~ finds that while there have been certain verbal understandings as to the policy of the Real Estate Assessor's Office, there is very little written directives to this office, and accordingly, submitted eight recommendations for application to the Eeal Estate Assessor's office and, if a~opted, suggested that these recommendations be in the form of a Resolutlon of Council. (For full text, see report as filed in the City Clerk's Office.) H~. Thomas moved that tho report be taken under advisenent to be placed on the agenda for the next regular meeting of Council on Honday, August 2~ 1975, for such action as the Council desires to ~ake. The motion was seconded hy Hr. Gari~nd and ununi~ously adopted. It vas generally understood that ~he intent of the motion would provide that the City Attorney prepare the proper measure. Hr. Thomas advised that in the meetings With the Real Estate Assessor it became apparent that sc~e type of ad should be run In a local newspaper educatln; the citizens relative to the tax reassessnent and lnfor~Lng them of the procedure which nay be followed in appealing same. H~. Thomas presented copy of the prop~se~ ad and stated that in reviewing it, the committee ia of the unanimous opinion that paragraph 4 should be deleted and requested that Council appropriate for publication of the ad. (For full text, see ad as filed in the City Clerk's Office.) H~. Thomas then offered the following emergency Ordinance appropriating the requested funds: (t23136) A~ ORDIHANCE to amend and reordain Section 1010?, of Reel Estate,' of the 1976-77 appropriation Ordinance, and providin~ for an tt~. Thomas moved the adoption of the Ordinance. The motion Was seconded by Hr. Gerland and adopted by the following vote: AYES~ Council members Bo~les, Garland, Grove, Eubard, Taubman, Thomas and Hayor Taylor ............................ ?. NAYS: None ..............................0. Hr. Grove requested that his motion be placed back on the floor for consideration. Hr. Hubard suggested that the motion state that this is an intent of Council and it might be appropriate to insert some type of time limit. Hr. Grove emended the motion to provide that the Council is expressing an intent, that the City Attorney be instructed to prepare the proper measttre to this effect with an appropriate cutoff date to he inserted. The motion was seconded by Hr. Hubard and unanimously adopted. Hr. Grove then moved the adoption of the following motion as amended: It is the intent of Council that any tax income realized from the reassesement and taxing increase on our real estate that is over and above the bud- geted fig~Lre for real estate tax income for fiscal year 1976-77 be retttrned to the citizens of the City 9f Roanoke by decreasing the $1.64 rate proportion- ately, that the City Attorney he instructed to pre- pare the proper measure to this effect by the next regular ~eetlng of Council on Monday, August 2, and that an appropriate cutoff date be inserted in The motion was seconded by Hr. Hubard and unanimously adopted. COUNCIL: The Mayor requested that Council meet in Executive Session to discuss a personnel matter. 395 396 ~tr. l{uba~d ~oved ~hat Couno~l meet In ~xecutlve Session ~o cons/de= a con~dential pegso~el ~t~e~. ~e ~tlon vas seconded by ~. G~ove and adop~ by ~e roll,lng vote~ AY~ Cocci1 ~ers B~es~ Garl~d~ Grove~ H~ard~ Ta~ Th~s ~d ~yor Taylor .............................. ~YS~ None ................................ 0. ~e ~yor ~en dec~ar~ a recess. At approx~tely 11~40 p.m., ~ Co~c~l reconv~d wi~ ~yor Taylor pres~d~g~ all m~rs of Co~c~l preset. CI~ ~ES-P~ ~ P~YG~S-B~ET~ ~. H~ard offered foll~ng Resolution au~or~zing ~e C~ty ~ager to ~luy~ at a cost not to excuud ~e s~ of $5,000.00~ legal co~se~ to represent Byron E. Haner~ C~ty ~ager, S~ H. H~hee, llI~ ~sist~t City ~nager~ ~d W~ll~ H~c~pal Aud~tor~ ~oyees of ~e c~ty, ~n ~tters of pending l~t~gat~o~ brought against sa~ ~l~ees by Jo~ A. N8wsont (%23137) A ~SOL~ION relating to ~ ~o~nt to represent ~loyees of ~e City of Ro~oke ~n certain p~nding litigat~0n. (For full text of Re~olut~on, see Resolution B~k No. ~. H~ard ~ved th~ adoption of ~e Resolution. ~e motion was seconded by ~. Ta-~n an~ adopte~ by ~a following AYES= Co,cji m~ers B~les~ Garlan~ Grove~ H~ard, Ta~t~n, Th~s and ~yor Taylor .............................. 7. NAYS= None ................................. 0. ~. Th~s offered the fo11~ing ~erg~ Or~n~ce appropr~at~g $5,000.00 to O~er Se~ices an~ Charges ~der Section %0201~ 'City ~nager,w of the 19~6-77 budget, to prov~e f~ds for said lega~ (~23~38] ~ O~CE to ~end ~ reorda~n Section M~ager,' of ~ 19~6-77 Appropriation Or,in,ce, and providing for ~ergency. (For full text of Ordinate, see Ord~ce Book ~. Th~s moved ~e adoption of ~e Ordtn~ce. Th~ ~t~on was seconded by ~. H~ard ~ adopted by ~e foisting A~S: Cocci1 m~ers Bowles, Garl~d~ Grove, H~ard, Ta~, Th~s ~ ~yor Taylor .............................. 7. ~YS = None ................................ 0. ~ ESTATE ~SESSOR= Th~ ~yor advised that Co~cll also met in ~ecutive Session p~r~g to a perso~al ~tter ~ which Co=onwea~s Attorney ~o brief ~ m~ers of Co~c~l conceding ~ investigation ~ of ~e Real Estate ~sessor, ~at ~. ~der reported ~at he has conducted ~vest~gat~on w~ch ~s be~ co~ted at ~s t~e ~d a news avail~l~ to ~e news media on ~esday, July 27~. ~ere being no f~er bus~ess~ ~e ~yor declare~ ~e meeting adjou~ed~ A~ PROVED COUNCIL, I~GULAR~EETING, Hondsy, August 2, 1976. The Council of the City of Roanoke met In regular meeting in the Council chas~er In the Huniclpal Building, City of Roanoke, at 2 p.m., the regular meeting hour, withNayor Noel C. Taylor presldinq. pRESEnT: Council _'~Bers Elizabeth T. Bo~les, Robert Ao Garlund, Lucian Y. Grove, Nllliam B. Rubard, Nicholas F. Taubman, Hampton Wo Thomas, and~ayor Noel C. Taylor .......................... 7. ABSENT= None ............................0. OFFICE~ pRESENT= ~r. Byron Eo Haner, City Manager~ ~r. Sam H. ~cGhee, III, Assistant City Manager; Mr. James Bo Buchholt~, Assistant 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 the Reverend Jesse Whitacre, Retired Church of the Brethren Minister. COmMITTEES-SCHOOLS= Council having held a ~ublic hearing oe Wech~esday~ July 28, 19~6, at 7=30 p.m., for the purpose of interviewing applicants for three vacancies on the Roanoke City School Roard for term~ of three years each ending Ju~e 30, 1979, the ~tter was before the bo~y. Mr. Garland r~quested a legal opinion from the ~sistant City AttorneyI insofar as a former member of City Counci[ b~ing eligible to ~erv~ on the Roanoke City Schoel Board. The Assistant City Attorney advised that Section 15.1-800 of the Code of Virginia ~rovides as follows= 'No me~ber of any council shall be eliglble during his tenure of office as such member, or for one year there- after, to any office to be filled by the council, by election or by appointment.' Mr. Buchholtz advised that if the Council ts thinking about spgointing a recent Cou/lcil~a~ who has not been off of Council for a period o[ one year, this code section el~n~nates that Councilman. In order to move forward with the appointments, the Mayor suggested that Council fill each vacancy one by one and act upon each one separately. Mr. Hubard moved that Council vote in its usual procedure where~n each Council member w111 cast Votes for all vacancies on one ballot and proceed in the usual alphabetical order with the Mayor casting the last ballot. The mo- tion was seconded by Mr. Tau~m~n and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thce~as and~yor Taylor ........................... ?. NAYS= None ...............................0. The Mayor then called for nominations for the three vacancies. Mr. Thomas place~ in no~l~oation the n~me of Mrs. Robert C. Hagan. Mr. Garland placed in nomination the names of Miss L~lia Stalker and Mr. Roy Jarrett. '397 398 Hrs. Bowles placed in nCen~at~on the name oE Hr. Hax A. Bernano ~Lr. Grove placed mn n~at~on ~e n~ o~ ~. ~w~s ~. ~elson. ~. ~s ~ved ~at the n~nations ~ closed. ~e ~tion was seconde~ by ~. Grove and ~usly ad. ted. Hiss Sta~er, ~. ~ and ~. ~elson vere ~en ap~/nted as ~ers of ~e ~oke C~2y Sch~l ~ard ~or te~ of ~ee years each end~ng ~=e 30, ~979, by ~e roll.lng votez FOR HISS ST~ Co~c~l ~s ~les~ Ga~l~d~ Grove~ Ta~h=~u, Th~s ~d ~yor Taylo~ ........................................... FOR ~. BE~= Co~cil =Es ~les, Garland, GEOVe~ H~ard, T~nhm~u ~d ~or Taylor ................................................... 6. FOR ~. ~0~ Co~c~l ~r~ G~ove; H~ard~ Ta~ ~d ~s ..................................................................... 4. FOR ~. ~: COCCi1 m~rs B~les, Th~s ~d Hayor Taylor-3. FOR ~. J~: Co~cil m~er Garl~d ......................... ~ING OF CITIZ~S UPON PUBLIC ~U~CES: Co~c~l having continued a p~l~c hearing on ~e of Robert A. Gray, t/a Gray~s ~ulet Se~ce~ for issu~ce of a Certificate of P~l~c Conv~ience and Necessity to o~erate a certain ~ulet se~ce wl~in ~e C~y of Ro~oke, ~ding receipt of a re~rt fr~ ~e Board of D~ectors of the Roanoke Valley Regional Health Se~ices PlYing Cocci1, ~e ~tter was before ~e In th~s connection, a report from ~e ~ard of Directors of ~e Roanoke Valley Regional Hea~ Se~ices Pla~[ng Co~cil advising ~at they endorse ~e previous r~ort of ~e staff of ~e ~eal~ Piing Co~c~l ~d recording that a Certificate of P~l[c Conv~l~ce ~d Necessity be denied to Gray~s ~ulet Se~[ce for fo~ reasons as more fully delineated in ~e report. (For full t~t, see report as filed in ~e City Clerk's A c~ication from ~. Gray ualling to ~e a2t~t~on of ~at United ~ul~ce Se~ce operates all Class I ~ul~ce vehicles, ~at ~ergen~ se~[ce is ~e n~r one priority of ~is type o~ vehicle, ~at he operates a Class II t~e vehicle which provides tr~s~rtat[o~ needs for a great ~y h~ca~e~ ~nd~viduals ~ his se~ce will not be contingent u~on ~ergen~ ca~ls, ~at Class I vehicles can easily be t~ed up ~n ~ergen~ sit~tions, ~us se~ice to indiv~duals desiring tr~spor~ation to ~a~n[ng c~ters, schools, doctor's offices, etc., will Be ~nterrupted, ~d he feels ~i~ poses a tr~dous hardship upon h~d~capped persons who dep~d u~n routine daily tr~s~rtation se~ce ~ h~ s~ongly believes ~at ~t ~s ~oss~[e for Un,ted ~ul~ce Se~[ce to provide the ~sportation needs of h~dicapped ~ndiv~duals util~z~g Cla~s I t~e vehicles, was before Co,oil. {For full text, see c~[cation as filed ~n ~e City Clerk's Office.} 14~. lt~rold Billings, representing t_he Virginia Department of Rehabili- tation, ap~ared ~fore Co~c~l and advised ~ ~. G~ Is no~ In direc~ c~pe- ~lt~ w~ United ~Ul~Ce Se~lce, ~a~ he provides ~sona~lzed dealing ~i~ individuals ~ he d~s nob o~rate ~ ~q~ vehicle. ~s. E. G. Br~ts, 2305 St~le~ Avenue, S. E. ~ aPPea~ed before ~d s~ke ~n favor of ~. Gra~s ~e~est', a~v~sin~a2 ~e~ husb~d has used his se~lces ~n ~e past and f~d ~ ho be ~sk sat~sfac~o~. ~. Clifton A. W~, III~ Attorney, ~ep~es~tin9 United ~ul~ce Se~lce, ap~ar~ before Co~cil and ~de reference to c~aicatioas ~hich ~ere sen~ b~ h~ d~tng the latter part of ~e reek of' auly 26~ to each ~m~e~ of Coacil In sup~rt of ~e se~lces ~endered by United ~ulance 5e~ice. After a discussion of ~e ~t~er, ~. Ta,~n ~ved ~at the of Mr. Gray for issuance of a Certificate of P~lic CoaYenience ~d Necessity be ~enied. The motion was seconded by ~, ~. Garland offered a s~stitute ~tion ~at Co~cll issue a Certi- ficate of P~lic Convenience and Necessity to ~. Gray to operate a~ ~ulet se~ice. ~e motion was seconde~ by ~s. ~wle~. There was discussion relative to ~e me~s by which the rates could increased, wherein ~e Assist~t City Attorney advised ~at al~ough ~e Ordin~ce does not provide for a review of ~e rates, It ~ul4 be his opinion~ before ~e rates'could be increased, Co~ci~ approval Would be needed. U~n the foll~ing roll call vote, ~ s~stitute motio~ was AYe: Cocci1 m~ers Garl~d and Bowles ..................... NAYS: Cocci1 m~rs Grove, H~ard, Ta~, Tho~s and Taylor .................................................................. 5. CO~I~S-CI~ ~AGER: A co~ication from ~. Bobby R. Osborne, Atto~ey, representing ~. Bill Hol~ifleld, et als., relative 'to a petition which has been circulate~ in the C~ty of Ro~oke an4 has be~ si~ed by citizens of Roanoke e~resslng ~eir conce~ for ~e appar~t inefficiency of city ~age- ment, was before Cocci1. In ~s co~ection, ~e C~ty Clerk advised ~at she had received a f~er c~ica~on fr~ ~. Osborne re~esting ~at ~e ~tter be deferred ~til the Co~cil meeting on Monday, Au~s~ 9, 1976, ~ Order ~a~ ~e which are being circulated ~y receiYe wider distribution in view of ~e tr~en- dous interest sh~ by the citizens of Ro~oke. (For f~ll t~xt, see c~cation as filed in ~e City Clerk's Offlce~) The ~yor in~ire~ if ~ere was anyone preset who would like to spe~ on ~e $~ject ~d no one raising ~y question, ~. H~ard moved that the ~t~r be deferred ~til the n~t re~lar meeting of Co~cil on Au~s~ 9~. ~e ~tion was seconded by ~. ~s and ~an~ously adopted. POLICE DEP~T~INTS: ~. Alfred W. Cheatw~d, Sr., 3705 Hers~erger Road, N. W., appeared before Co~cll and read a pre,red state- ~nt relative to ~e lack of law ~forc~nt in ~e City of Ro~oke, ~d refer~ce to ~ree such incid~ts. 399 40.0 (For full te~t, see statement as filed in the City Clerk's office.) ~ro Garland moved that the statement be referred to 'the Clty Hanager and ~e C~tizens' Task Force fo~ C~ Pgev~tion and Social Develo~nt. ~e ~tion failed fog lack of a second. ~. H~ard~ved ~at ~e s~t~nt be received ~d i~led. The ~as seconded bye. 6rove and ~usly adopted, CI~ ~Y~S-OP~R~ITI~ I~UST~I~TION C~R~ A C~lcatlon fr~. ~orge E. Fr~l[n, ~ecutlve D~rector~ ~rt~t~es Industrialization Center, re~esting pe~ss~on to address Co~c~l relative to his conce~s for ~e ~tter of financing pend~g litigation to te~nations, etc., was before ~eb~y. [n ~is co~ection, the City Clerk advised ~at ~. Fr~klln, by telephone~ has re~ested ~at ~e ~tter be deferred ~til fur~er not~ce fr~ h~. ~. Th~s ~ved ~at Co~c~l conc~ In ~e request. The motion was eeconded by ~. H~ard and ~ously adopted. PETITIONS ~D S~RIFF= A co~ication from ~e Sheriff advising that ~e General Ass~ly ~ded Section 15.1-134 of the C~e oE Virginia relative to alliances to injured officials and ~ployees and ~eir d~dents to include dea~ or any condition or ~ai~ent of heal~ of ~e Sheriff ~d his deputies caused by h~ertension or heart disease, ~at ~is section requires ~at s~t to physical ex~nat~on~ by a qualified physici~ desi~ated by City Co~cil, ~d r~uesting that Co~cil designate an accept~le physicl~ for this p~ose, was before ~e b~y. (For full text, see co~ication as filed in ~e City Clerk*s Office.} ~e City H~ager advised that ~e city, ~ough ~e ~erso~el ~par~ent, ~s been contract~g for ~ese ~nations for ~lic~en ~d fir~en ~d reco~d ed that ~e re~est of the Sheriff be referred to ~e Perso~el Depar~ent for inclusion in ~e contract. ~. Ta~ moved ~at ~e ~tter be re~erred to ~e Perso~el Depar~ent w[~ ~e re,est ~at ~ey ~d ~e contract to include ~e Sheriff ~d his ~eput[es. The ~tion was Seconded by ~. H~ard ~d ~an~usly adopted. STA~ HIG~AYS-T~FIC: Copy of a c~ication fr~. Alice P. Tice tendering her resi~ation as a m~er of ~e Ro~oke Highway Safety Co~ssion effective Au~st i, 1976, was before Cocci1. (For full text, see co~ication as filed in ~e City Clerk's Off~ce.) ~. H~ard moved ~at ~e res~at~on be accepted w[~ regret. The ~tion was seconded by ~. Grove and ~ously adopted. S~ETS ~S: ~ application fromm. Alton B. Pri11~, Atto~ey re~res~ting G~e~ D~ C~gh~, A~l~e ~ Rue Ki~l~y ~d Squire J~es Kinley, re~esting ~at a portion of an alley in ~e sou~east section of ~e City of R~noke leading into H~ford Argue, said alley appearing on ~e ~p of C~diff ~d~tio~, be vacated, discontinued ~d closed, was before Cocci1. {For full text, see application as filed in the City Clerk's Office,} · H~. Hubazd offered the following Resolution appointing vlewerss (J23139) A P~SOLUTION providing for tho appointment of three viewers in cor~ectiun with the application of Gler~ Du~wood C~nningham, Allie LaRue Klnley, and Squire James Klnley to permanently vacate that alley ~ore particularly described below and appearing on the Map of Cundiff Addition recorded in the Clerk*s Office Of the Circuit Court for the City of Roanoke, Virginia, in Plat Book 1, page 183. (For full text of Resolution, see Resolution Book No. ~lr. Hubard moved the adoption Of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowlesw Garland, Grovew Nubard~ Ta~,~ and Mayor Taylor ................................... NAYS: None ........................... 0. (Mr. Thomas was out of the Cocmcil Cha~aber } Mr. Hubard moved that the request be referred to the City planning Commission for study~ report and recommendation to Council. The motion was seconded by Mr. Garlanc~ and adopted. (Mr. Thomas was out Of the Council Chamber} I~EPORTS OF OFFICEP~= BUDGET-COP~ONWEA~TH~S ATTOP. NEY: The City ltanager submitted a written report in connection with a request of the Commonwealth's Attorney to Council to increase funding in two budget categories~ advising that in reviewing the Co~onwealth~s Attorney's budget Council should note that this budget has Increased 45% in the past two years~ it should also be noted that the ma]or reductions in that budget were made by the State Compensation Board and not the City, and the State, like the City, is trying to reduce costs. (For full text, see report as filed in the City Clerk's Office.} Discussion Of the report was held in abeyance ~ntil someone could contaot Mr. Rider and request his presence at the meeting. Later during the meeting, Mr. Rider appeared before Councll and question was raised relative to the need for two memberships in the Roanoke Valley Chamber of Commerce since the city already holds one m~mbership Mr Rider replied that he did not stop to think about why we would need two such memberships. Mr. Rider advised that the xeroxing machine is needed to provide copies to individuals as directed by the courts, that ~Any documents are not allowed to be taken out of his office and must be zeroxed under the direct supervision of his Administrative Assistant and he feels this is a very essential piece of equipment, and that the typewriter was orlgtnally funded through an LEAA grant. Mr. Ta~man ~oved that the ~atter be referred back to the Commonwealth's Attorney for very careful perusal and that he advise the Council of those items whlch he feels are of the utmost i~portance to his office. The motion was seconded by Mrs. Bowles and unanimously adopted. 40~' 402~ CI~ I~PLOYEES: ~ Cit~Hanager e-~itted a vritten report ~ co~ecti( wi~ pa~ for vacation, eick ~eave and c~sato~ t~, advisin~ ~at ees ~e~na~ed ~ ~e 18~ 1976~ ~e~e advised ~ ~ey ~ould be pa~d fo~ all accrued vacation leave as of ~e~ da~a of ~a~na~lon~ ~ f~ve we~ no~ paid fo~ ~el~ acc~ed vacation leave ove~ 240 ho~s ~d ~ey should be paid fo~ ~s ~1 ~a~ relative ~o special leave~ l~ Is ~eco~nded O~din~ce ~o. 22334 be ~nded ~o p~ovide fo~ pa~n~ of s~cial leave ~o ~l~ees ~e~na~ed o~ dl~ssed ~e~oac~lve ~o ~ul~ 1~ 1976~ and applicable also ~o ~ose ~loyees ~e~na~ed on ~e 18~ ~976~ ~ relative ~o c~nsa~o~ t~e, no city ~loyee has ever been ~tted to ~eti~e f~ se~lce effective at ~e e~lrat~on of his acc~ed c~ensato~ t~, ~e n~t~e o~ c~nsato~ t~e being such that ~t ~s to ~ taken at such t~e as ~e depar~ent hea~ satisfied that ~he no~l day to day a=tiv~t~es ~ f~ct~ons o~ the depar~nt will not be ~nterruptea. (For fuZZ text, see re~rt as f~led ~n ~e C~ty Clerk's Of~ce.) ~. H~ard offered the foll~ing ~ergen~ Ordinance appropriating ~3,600.00 to Fringe Benefits ~der Section ~ZSZO, '~ployee ~nef~ts,~ of 1976-77 budget, to provide f~ds to pay spec~a~ leave to ~ose ~ployees te~nate as of J~e 18, 1976t (%23140} ~ O~I~CE to ~en~ ~d reordain Section %18~0~ ~ufits,~ of ~e 1976-77 Appropriation Ordinance, ~ prov~d~g for ~ ~rgency. (For fuZl text of O~n~ce, see Ordinance ~k No. ~. H~d moved ~e adoption of ~e Ordin~ce. The motion was seconde~ by ~. Ta~ ~d a~opted by ~e foll~ing vote: AYe: Co~cll m~ers B~les, Garlana~ Grove, H~ard, Ta~, Th~s and ~yor Taylor ............................... NAYS: None .................................. 0. ~. H~ard moved ~at ~e ~tter of ~nding Ora~n~ce No. 22334 to provide for pa~ent of ~ acc~e~ special leave be referred to ~e City ~nager for study, report ~d recordation to Cocci1. The ~tion was seconded by ~. Tho~s ~a ~ous~y After a a~scuss~on relative ~o ~e ~o~t of money neede~ for fiscal year to f~ accrued special leave u~on re,nation, whereupon, ~e Ass~st~t C~y H~ager est~ted ~e ~o~t to be in ~e ne~g~orh~ of $~5,000.00 to $20,000.00, ~. H~ard moved ~at ~e City Atto~ey be ~nst~cted to pre~e ~e proper measure for ~e next re~ar ~et~ng of Co~c~ on Monday, August 9, 1976, appropriat~g $5,000.00. ~e motion was secon~e~ bye. an~ ~ously adopte~. BU~ET-S~FF-G~TS= The City~nager s~tte~ a ~itt~ re~rt advising ~at a grant has been approve~ by ~e Division of Justice ~d Cr~e Prevention to provide training for perso~e~ in ~e City Sheriff's Depar~t ~ ~e total ~t of $12,980.00 w~ $11,639.00 fr~DJ~ Progr~F~ds, fr~CP Genera~ F~s and $651.00 from local cash~tch. (For full text, see re~ort aB flied in ~he City Clerk's Office.) HI:. Ta-h~ offered the following emergency ordinance appropriating ~12~980.00 to Sheriff's T~aining Gra~t of ~e 1976-77 Gr~t Pz~r~ Acco~t~ (~23141) ~ O~I~CE to ~nd and geordain ~e City of ~oke~s 1976-~7 Gg~t PZ~r~ Accost, ~d p~oviding fog an ~gen~. (For full ~ext of Ordln~ce, see Ord~n~ce ~ok No. ~. Ta-~ved ~e adoption of ~e Ordinate. ~e ~tio~ was seconded bye. Grove and adopted by the roll.lng vote: AYES= Co~cll m~ers B~les~ Garl~d~ Grove~ H~ard, Tet~n~ Th~s and Hayor Taylor .................................. ~. NAYS: None .............................0. ~. Ta~ o[fered ~e foll~ng ~er~en~ Ordinance appropriating $651,00 to ~al Cash Hatch ~der Section [0714~ 'Sheriff,~ of ~e 19~6-77 budgett (%23142) AN O~IN~CE to ~end and reordain Sectio~ %0714, 'Sheriff,' of ~e 1976-77 Appropriation Ordinance, and providing for ~ ~ergen~. (For full t~t of Ord~n~ce, see Ordinance ~ok No. ~. Ta~ moved ~e adoption of ~e Ordinance. The motion was seconded by Hr. Th~s and adopted by the roll.lng vote: AYe: Co~cll m~ers B~les, Garland, Grove~ H~ard, Ta~, Th~s and Hayor Taylor ............................ 7. NAYS= None ..............................0. Hr. Tarn offered ~e fo11~lng Resolution au~orlzing the accept~ce, execution and filing of the gr~tt (~23143} A ~SOL~ION au~oriz[ng ~e accept~ce~ execution and f~li~g of the =S~ec~al Co~ditlons for Action Gr~t Awards' w~ the Division Of Justice ~d Cr~e Prevention for an action gr~t of Federal f~ds for ~e p~se of providing training for perso~el in ~e City Sheriff's De~ar~ent. (For full t~t of Resolution, s~e Resolution B~k No. ~. Ta~ moved ~e adoption of ~e Resolution. ~e motion was seconded by ~s. Bowles and adopted by ~e foll~ing vote: AYe: Cocci1 m~rs Bowles, Garland~ Grove, H~ard, Ta~, Tho~s and Hayor Taylor ..............................7. NAYS= None ................................0. BUrET-PUmICing= ~e City ~nager s~tted a ~itten report adv[sing ~at ~der T~tle ~ ~en~ent to ~e Social Sectary Act~ the Depar~ent of H~ Se~ices, Social S~ices, is pe~tted to enter into a contract to p~chase certain seduces ~at are re~ired by law to ~e available to ~e cltiz~s of Roanoke City, ~at ~ese se~[ces are p~chased wi~ donated ~n[es which are of 25% local origin and 75% federal or~gin, w~ a 2 1/2% a~nistra- tion charge added to ~e donated f~ds which would ~e ~e local donated share 27 1/2%, ~at ~e local share of 27 1/2% is ~ng donated by various ag~cies w[~in ~e city, and Co~cil is re~ested to appropriate ~e entire ~t for each se~[ce on a quarterly basis since ~e donated share will be received by ~e Depar~ent of H~ Se~ices on a q~rterly basis which me~s that ~e city ~s re~sed for ~e entire appropriation, ~d, ~ addition receives a 1 1/4% a~n[s~at~on fee w[~ ~e state receiving the o~er ~ ~/4%, and requesting 403.' that certain funds be appropriated as donated by ttnited Way of Roanoke Valley, end Mental Health Hervlcea of Roanoke Valley. (For full text, see report aa filed in the City Clerk'a office.) Hr. Grove offered the following emergency ordinance appropriating $6,023.40 to Protective Service for Adults~ $8~664.30 to Day Care for Children Developmentally Disabled, $9,768.55 to Day Care for Adults Developmuntslly Dis- abled apd $11,812.45 to Training to Haxim~ze Independence for Adults and Children under Section [1540, 'Title XX - Services~' of the 1976-?? budget~ (%23144) AN OP~)INANCE to amend and reordain Section 91540, 'Title XX, Se=vices,' of the 1976-77 Appropriation Ordinance, and providing for a~ {For full text of Ordinance, see Ordinance Book No. Hr. Grove moved the adoption of the Ordinance. The motion was seconded byMr. Hubard and adopted by the following vote: AYES: Co~nctl Members Bowles~ Garlend, Grove~ Hubard, Taubman~ Thomas and Mayor Taylor .............................. 7. NAYS= Hone ................................0. BUDgET-BRiDGES1 The City Manager submitted a written report in connectic~ with a~l addendum to the C~ty - State Agreement on the Jefferson Street Bridge Project~ recommending that Council authorize the execution of an addealdum to the City - State Agreement and additionally authorize tho acgulsltion of a stor~ ~ralnage easement from PPG Xndustries, Incorporated, for the nominal sum of $5.00 plus the c£ty~s installation of a drop ~nlet in the easement for the eollectlon of water from the property of PPG Industries, Incorporated, end that Council authorize the trensfer of $19,000.00 from the Whitmore Street Storm Drain Capital Account a~d $70,024.22 from the Highway Construction Fund Capital Account to the South Jefferson Street Bridge Capltal Account to cover the clty~s share of the project increase. (For full text, see re~ort as filed in the city Clerk*s Office.) Hr. Thc~as offered the following ~mergency Ordinance transferring the requested funds: (~23145) AN ORDINANCE to amend and reordain Section %1855~ 'Trans- fers to Other Funded' of the 1976-77 Appropriation Ordinance, and providing for (For full text of Ordinance, see Ordinance Book No. Hr. Thanes moved the adoption of the Ordinance. The motion was aeconded by Hr. Taubman and adopted by the followlng vote: AYES: Counc~! members Bow~es~ Garland, Grove, Nubard, Taubman, Thomas and Hayer Taylor .............................7. NAYS= None .............................. 0. Hr. Hubard offered the following ~mergency Ordinance authorizing end providing for the execution of the addendum= (~23146) AN ORDINANC~ authorizing and providin~ for the Cl%y~s execution of an addendum to the agreement between the City and the Virginia Department of Highways and Transportation, referred to in Ordin~nce NO. 22984, relative to const~uction of the Jefferson Street Bridge Project and to provision of a certain stomdrain in connection with th~ p~oJect, and to the city's share in payment of costs of said projecti authorizing the acquisition of a p~rpetual eesement for a portion of said storm drain, upon certain ter~ and conditions! and providing for an e_~rgency. (For full text of Ordinance, see OrdinanceBook No. Hr. Nubard moved the adoption of the ordinance. The motion was seconded by Hr. Grove and adopted by the following vote~ AYES~ Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................ 7. NAYS~ None ..............................0. STI~EET$ AND A~LEYS-STATB H~G~WAY$= The City Manager s~bmitted a written report in connection with the widening of Colonial Avenue from exlsting 23rd Street to Broadway, advising of a public hearing held on Wednesday, July 28th, transmitting additional recommendations in the construction sequence, and further recommending that Council authorize paynent of $100.00 to each of the 22 affected homeowners to be accompanied by such release as may be deeme~ propor by the City Attorney, for a total payment of $2,200.00. (For full text, see report as flle~ in the City Clerk's Office.) Hr. Hubard moved that the recommendation of the City Hanager be approved with the exception of the payment of the $100.00 to each of the homeowners. The motion was seconded by Hr. Hr. Jack Presley, representing homeowners on Colonial Avenue, appeared before Council and expressed discontent with the proposed widening of Colonial Avenue and the taking of parkil~g from in front of their homes, advising that this proposal would cause ~ny undue hardships on the residents, it would deprive th~m of access to their front doors and allows no other way in and out of their ho~es except through the basement, the proposed ~mprovements to the alley at the rea~ of the property on th~ north side is too vague with the need for lights and the placement of these lights to be deters/ned now, a widening of the pavement in the alley to ten feet is not sufficient, the proposal of a one way alley does not cov~r all the safety hazards the residents will face such as backing out into an alley which is less than the width of one lane of traffic, the propose~ allowance of $100.00 to each of the property owners for improvements to their backyards iS much too low, and in order to bring their homes up to the present value, the hc~es will have to have a rear entrance which will entail considerable cost and much inconvenience, they need safety features for their children such as caution signs, bl~nking lights or some sort of sufficient warning that school buses will be stopping, the snow removal priority is not listed and it w£11 be ~mposstble for the~ to get in and out of their ho~es if this alley is not placed on high priority, the two weeks~ not~ce they have been glvsn until the "405 406. front po~king viii ceasn on August 14th is not su££1cient, t~ey have no heav~ equll~ent fo~ cleazin~ ~e l~d, ~uling gFavel OE ~ obstructions such as b~hes, trees, etc., and p~o~sing ~at $i~000.00 ba giv~ to each to b~lng ~ei~ propert~ up to valua. ~. P~esle~ also p~s~te~ a petition 81~e~ b~ 25 ~esidents on Colonial Avenue In op~sition to ~e Afte~ a discussion relative to ~he~e~ o~ not ~e Co~c~l would sett~g a prec~ent fo~ ~e fut~e~ ~. Th~s o~fered a s~stitute motl~ that the ~tter be referred back to ~e City ~nager ~or f~er =onsideration discussion wl~ ~. Vresley ~d wh~ver he sees fit~ wi~ a ze~rt back to Co~cil at a later date. The ~tion was seconded by ~. Ta-~m~n and un~sly adopted. ~. Presley fur~er ad~ed ~at Co~cil should t~e a close l~k at the ~ag~t of ~e city in general~ ~at outside auditors be hired to l~k into bond issues, bids by con.actors ~d h~ ~ey are h~dled in accord~ce wl~ law, the differences b~twe~ ~e C~ty ~nager ~d city ~loy~es, asses~ent of real estate, ~d also ~de ref~ence to ~e bond issue which was held in 1968 for the bridge at the Sewage Trea~ent P~ant which was supposed to have been c~pleted in 1972. BU~ET-S~ ~D S~ D~INS: ~e City Hanager s~itted a ~itt~ re~rt recording ~at Co~cii au~orize a ch~ge order to Contract =E' at the Sewage Trea~t Pl~t, in ~e ~t of $31,685.00, for s~iasting sealing ~e digester r~fs a~d at such t~e as a satisfauto~ price is received ~or the ~eW piping, an a~dltional re~est for a ch~ge order covering said work will be s~itted to Co~cil. (For full t~t, see re~rt as filed in ~e City Clerk's Office.) ~. Th~s offere~ ~e roll.lng ~er~en~ Ordin~ce appropriat~ $31,685.00 to Pl~t ~slon ~der the Sewage Trea~ent (%23147} ~ O~I~CE to ~end and reordain ~e Sewage Trea~ent F~d of ~e 1976-7~ Sewage Trea~t F~d Appropriation Ordin~ce, and providing for an (For full t~t of Ordinance~ see ordin~ce ~ok No. ~. Th~s moved ~e adoe~on of ~e Ordinate. The motion was seconded by ~. Ta~ and adopted by ~e following vote: ~s and Hayor Taylor ......................... NAYS: None ............................0. ~. Th~s offered ~e fo11~ing ~ergen~ Ord~c8 au~orlzing the lssu~ce of ~e ch~ge order: (%23148) ~ O~I~CE approving ~e City Manager's issuance of a ch~ge order to ~e City's Contract 'E= wi~ J. W. Batason C~any, Xncor~rated, for ~e c~st~ction of a 35 ~llion gallon tertla~ ~ea~t pl~t aadition at ~e City's Sewage Trea~t Plant, to provide for s~lasting and sealing three (3) dlgester tanks at said plant, in accordance wi~h a certain vrltten proposal of said contractor1 directing that formal approval of said change order be sought from ~he Virginia State water control Board and the Environ~ental Protection A~ency~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. ~tr. Thc~nas moved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council ~em~ers Bo~les, Garlundw Grove~ Hubard, Tau~n~n~ Thomas and~ayor Taylor ........................... NAYS: None ............................. SW~HING POOLS-pLA~NING-GP~NTS~ The Clty H~nager s~hn~tted written report rec~ending that he be authorized to execute Change Order No. I with Days Construction Company, Incorporated, in connection with its contract for construction of the municipal sw~ng pools, in the amount of $24,833.40, to cover certain items as more fully set out in the report. (For full text, see report as filed In the City Clerk's Office.) Hr. Garland offered the following emergency Ordinance approving issuance of the change order: (~2~149) AN ORDINANCE authorizing the issuance o£ Change Order No. 1, to the C~ty*s contract with Days Construction Company, Inc.~ authorized by Ordnance No. 22832, for construction of two municipal sw{~ing pools in the City, upon certain ter~s and conditions$ by allowing pa~nent for rock exca- vation as stipulated in the original contract documents1 by adding sixty (60) additional calendar days to the working t~me ~rovided in the aforesaid contractl providing for additional changes requested by City officlals after the contract was let~ and providing for an emergency. (For ful! text of Ordinance, see Ordinance Sook No. Mr. Garland moved the adoption of the ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote= AYES= Council members ~owles, Garland, Grove~ Hubard, Taubma~, Thomas and Mayor Taylor ............................ NAYS= None ..............................0. LIBRAriES: The City ~a~ager ~bmitted a written re~ort rec~mnending that he be authorized to execute Change Order No. 4, in the amount of $663.04, to the contract with Q. M. Tomlinson, Incorporated, General Contractor, for construction of the Northwest Branch Library, to cover actual cost Of finished hardware and pro~ect signs. (For full text, see report as filed In the City Clerk's Office.} Hrs. Bowles offered the following emergency Ordinance authorizing the issuance of the change order: (~23150} AN OI~D~NANCE authorizing the issuance Of Change Order No. 4 to the City's contract dated September 26, 1975, with Q. M. Tom~inson, Incorporated, for the construction of the new Northwest Branch Library, by providing for an adjustment for the actual cost of finished hardware and project signs for an additional cost of $663.041 and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 407 408 Hrs. ~o~les ~oved the adoption of the Ordinance. The ~otion wee seconded by Hr. Hubard and adopted by the following vote~ Thomas and ~ayor Tayloz ............................. 7o NA¥S~ None .............................. O. BUDGET-pARKS AND pLAYGROUNDS~ The City Manager submitted a written re~ort req~esting that Council authorize the transfer of $1,242.00 fr~ the Hurt Park ~ous£ng Capital Account to Fallen Park Capital Account to provide funds in connection with Change Order No. I to the contract with Davis H. Elliot Company, Incorporated, for Fallen Park baseball diamond and lighting. (For full text, see report as filed in the Clty Clerk~s Office.) Hr. Taul~an offered the following emergency Ordinance transferring the requested ftmds~ {%23151) AN ORDINANCE to amend and reorda~n Section %1855, 'Transfers to Other Funds,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook NO. seconded by Hrs. Bowles and adopted by the following vote= BUDGET-SIDEWALK, CUP, AND GUTTER: The City Manager s~bmitted a written and gutter at various locations within the City of Roanoke, in the amount of $1,798.37, to cover a project cost overr~l due to a ~stake in calculating the (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard offered the followlng e_~ergency Ordinance transferring $1,79S.37 from Other Services and Charges under Section %1748, 'Engineering of the 1976-77 budget: (~23152) AN ORDINANCE to amend and reordain Section 91748, 'Engineer- 1976~77 Appropriation Ordinance, and providing for an e~ergoncy. ed by Hr. Ta~l~n and adopted hy the following vote= Thc~as and Mayor Taylor ............................. ,~ zlO9 )ir. ~ubard offered the folloving eter~ency O=dinance authorizing the issuance o£ the change order: ($23153) A RESOLUTION approving the Clty~anager~u issuance of Change order ~o. 3 In connect/on vtth the City's contract with Cason Enterprises for the construction of concretu curbs, gutters and sidewalks in various parts of the City, heretofore authorized by Ordinance No. 22081. (For full text of Resolution, see Resolution Book Mr. Hubard moved the adoption of the Resolution. The motion vas seconded by P,~. Garland and adopted by the following votel AYESt Council _members Bowles, Garland~ Grove~ Hubard~ Taubma~t Thomas and Mayor Taylor .............................. ?. NAYS: None ............................... 0. CITY ENGINEER: The City Manager suk~ttted a written report advising that the City of Salem is becoming a member of the Roanoke Valley Underground ~ocation Service and will be receiving requests for location services on or about August 1~ 1976. (For full text, see report as filed in the City Clerk's Office.) Mr. Ta-~man moved that the report be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. pAI~KING GARAGE= The City Hanager sttt~aitted a written report in connection with the municipal parking garage facility, transmitting information relative to a current financial statement concerning the cost Of the facility, and advising that during the initial phase of the operations of this facility, an ar~lual deficit in the a~ou~t of $50,000.00 to $100,800.00 would not be surprising. (For full text, see report as filed in the City Clerk's Office.) After a discussion of the ~atter, Mr. Hubard moved that the report be referred back to the City N~/lager for further report showing more detail as to what is projected in the way of parking fees~ occupants, etc. The motion was seconded by Mr. Thc~las and unanimously adopted. AIRPORT= The City Hanager sttb~itted a written report requesting authcrit~ to exerts amendment to contract DOT-FA75EA-7792 with the Federal Aviation Ad~inls- tration for providing certain services to FAA at the airport, advising that the rei~tal will increase from $1,191.85 per month to $1,467.09 per month, effective July 1, 1976. (For full text, see report as filed in the City Clerk's Office.) Mr. Tau~man offered the following emergancy Ordinance providing for execution of the amendment to the contract: (S23154) AN ORDINANCE authorizing and providing for execution of an amendment to service agree~ent dated July 1, 1974, with the United States Government, Federal Aviation Acl~inistration, providing for certain services provided by the City in certain buildings and places at Roanoke Munlcipal Airport, Woodru~ Field; and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book No. 410 JiF. TaUbman ~oved the adoption 0£ the ordinance. The motion seconded by H~. Grove and adopted by the following vote: AYES: council me~bers Bowles, Garland, Grove, Itubard· Thomas, and Ha¥or Taylor ............................. 7. NAYS: Hone ................................. O, AIRPORT: The City Hanager submitted a written report transmitting a eorreoted report relative to the Emery Air Freight leaae agreement for 1,S09.12 square feet Of space in the air cargo building at Roanoke Munioipal Airport, Woodrum Field, at the rate of $0.30 per square foot per month~ excluding utilities and providing that Emery Air Freight perform, at its own expense, any renovation work subject to approval of the city, and advising that the members of the Air~ort Advisory Co~$nission were polled by letter and have indicated their support of this recon~nended lease. (For full text, see reports as £11ed in the City Clerk's Office.) Hr. Taubman moved that the following Ordinance authorizing execution of the lease be placed u~on its first reading: (~23155} AN ORDINANCE authorizing the execution of a lease betw~ea~ the City of Roanoke and F~ery Air Freight, a corporation, for rental of Bays A, B, C and D in the Air Cargo Building at the Roanoke Municipal Ai~$ort, %/oodrum Field, u~on certain terms end conditions. (For full text of Ordinance, see ordinance Book No. The motion was seconded by Hr. Hubard and adopted by the following Vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Hayor Taylor ............................ ?. NAYS: None ..............................0. BUILDINGS: The City Manager submitted a written report transmitting a report on the condemnation and demolition activities of the Building Department fro~ July 1, 1975, through Ju~e 30, 1976. (For full text, see reports as filed in the City Clerk's Office.) Hr. Thc~s moved that the reports he received and filed. The motion was seconded by Hr. Garland and nnanimously adopted. AIrPOrT: The City Attorney slkhmitted a ~rritten report advising that tinder date of October 4, 1965, the City of Roanoke leased for a term of 30 years commencing November 15, 1965, approximately 46 acres of munioipal airport clear zone lend to he used exclusively for the construction and main- tenance of a golf Course, and for that purpose only, that he has been advised by the Director of Finance that the annual re~tal of $1,000.00 per year, payable in advance, has been paid for each of the years accrued under the lease and until November 14, 1976, that he has been served with a bill of complaint brought in the Circuit Court of the City of Roanoke by Builders Investment Group and others against Arrow Wood Country Club, Inc., and others, includlng the City of Roanoke, in which Builders Investment Group and its co-complainant, alleg//~g themselves to be creditors of Arrow Wood Country club, Inc. · secured in part by the lien of a deed of trust on property of Arrow Wood ~nd on the 46-acre ti leasehold premises, prays for appointment by the court of a receiver, to take possession of the property of Arrow Wood Country club, In¢.w and the leased premises and to operate the ease, receive rents and other lncc~ue frc~ the premises and, after paying current operating expenses, to apply the balance to the pal~nent of a note described to be due the complaina~ts, and advising that the pendency of the receivership proceeding Is reported to the Council in order that the Council may, If it so desires, refer the matter to the immediate attention of the Real Estate Committee and the City Hanager who, with the advice of his office, may make deter~nation of the position which the city should take in respect to all of the above. (For full text, see report as filed in the City Clerk's Office.) Hrs. Bowles moved that the report be taken ~nder advisement and referred to the Water Resources ~tttee and to the City ~anager for study, report and recommendation to Council. The motion was seconded by Mr. Taubman and unanimously ado~ed. REPORTS OF TAXES-ASSES$O~ The Council Policy SkUdy Com~dttee submitted a written report relative to meetings held with the Real Estate Assessor on July 19th and July 26th in an effort to determine the existence of policy, written and/or verbal and the ~mplementation of existing policy as it pertains to that office, and transmitted eight recom~endations. (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 Hr. Garland and unanimously adopted. With reference to the Resolution setting out five of the recommendations Hr. Hubard suggested that reco~nendation No. 1 be a~nded to read as follows= ' (1} Whenever said Assessor expects to be away from said office for a period of more than two (2) consecutive work days, a letter so advising shall be given to the City Clerk for dissemination to the members of the City (~23155) A RESOLUTION stating certain policy to be observed by the City Assessor of Real Estate and by e-mployees in that office. seconded by Mr. Garland and adopted by ~he following vote: Tho~as and Mayor Taylor ............................. No. 7 and No. 8 in the for~ of s letter to the~e~nbers of Co~ncil for possible 411. 412 With refereAce to the real estate t~x hatter; the Cl~y A~o~ey a ~ltten re~t tr~ttin~ a ~aolution aa p~evlo~ly requested b~ Co~cil statln9 ~ intent oi Co~cll vl~ ~es~ct to late~ ad~us~t oi ~e Co~cll- es~lished real estate t~ rate for ~e t~ year 1977 as a result o[ such revenue aa ~y be p~uced by ~at rate coupled ~1~ ~e city's 1976 ~ual ~easses~ent of all t~le real estate ~ ~e city, ~d also tr~ttin9 copy of Section 58.715.1 of ~e C~e of Virginia relative to the m~ter. (~oI full text, see ~e~It as filed In ~e Cit~ Clerk's ~. Ta,,~n in.ired of 2e Real Estate Assessor as to vhen Co~cil ~9ht e~ect to be f~lshed ~1~ fibres prior to Janua~ 1 in o~der to. p~ovlde sufficient t~e for plain9 p~ses, vhereu~n. ~e ~sessor advls~ that he could f~nish these fig~es to Co~cll by ~c~r 10~ o~ 13~. The of Fln~ce pointed ou~ ~at ~e fl~res ~ill no~ include ~ose people o~er 65 yea~s of age vho have asked for ~d ~eceived ~e ~eal estate t~ ex~tion. The tssistm~ Cit~ Attorney stated tha~ pursuit to Section of ~e 5~ate C~e, i~ appears to h~ ~e figures ~ill b~ needed lon~ before Dec.er 10th or 13~ in order for Co~cil to give 30 days p~io~ no~ice o[ a p~lic hearing on the tax rate ii ~ assessments are up ~ra ~ eigh2 per cent city- ~lde after ~e Board of Equaliza~ion finishes it ~. Garland ~9ed ~at Co~cil wait ~til ~e figur~ is received in Dec~er ~fore it e~resses ~y intent to l~er ~e t~ rate, ~ he is afrai~ Co~c~l is going to give a false ~ression ~at ~e t~ rate ~y ~ l~ered when tn fact, it ~y not be l~ere~. ~. H~ard moved ~at ~e re~rt of ~e C~ty Atto~ey be receive~ ~ f~le~. ~e motion was secon~e~ by ~. Ta~ an~ ~usly adopted. ~. Grove ~en offere~ ~e foll~ing Resolutlon stat~g ~e present ~ntent of Co~cil relative to a later adjus~t of ~e real es~te (%23157) A ~SOL~ION stating ~e preset intent of ~e Co.oil to later adjust ~e City's c~rent rate of t~ on t~le real estate in City to reflect any increase in ~e City's rev~ue fr~ such so.ce based upon increase~ valuations of real estate applicable to ~e t~ year J~ua~ 1, 19~7, as f&nally es~lishe~ by ~e reasses~nt of all such real estate ~e in calendar year 1976. (For full t~t of ~esolut~on, see Resolution Book No. ~. Grove moved the adoption of ~e Resolutlon. ~e motion was se=onde~ ~y ~. Ta~ an~ adopted by ~e fo11~ing AYe: Cocci1 m~ers B~l~s~ Grove, H~ar~, Ta~, Th~s ~ ~yor Taylor ...................................6. NAYS: Co~cll m~er Garl~ ........ 1. AUDI~RI~-COLIS~: A report of ~e Ro~oke Civic Center an~ Sta~ A~vlso~ Co~ss~on tr~s~tt~ng a Resolution ~g~g ~ C~vlc Center ~ager to institute a professionally accepted practice o~ ticket ~ag~ent at ~e Ro~oke Civic Center an~ urg~n~ ~e Cit~ ~ager to approve the procedure as a prerogative an~ ~isuretiona~ power of ~e Civic C~ter ~ager for pro- motion of ~e civic Center in ~st~ces where he feels It is ~n ~e best interest of ~e Civic Center an~ ~e City of Roanoke. ~For full text, see report as filed in the City Clerk's Office.) Hr. Thomas moved that the report be received and filed and referred to the City Manager for any c~nta he might care to make. The motion was seconded by Mr. T~v~m~ and unanimously adopted. AUDITORIUH-COLISEUM~ A report of the Roanoke Civic Center and Stadium Advisory Commission urging Hr. Rex ?o ~ltchelI, Jr., to reconsider his request for early retirement and respectfully requesting the Clty Manager and City Council to take ail necessary steps to keep Mr. HltcheII as ~lanagsr of the Roanoke Civic Center which the Commission feels is in the best interest of the Roanoke Civic Center and the citizens of Roanoke. (For full text, see report as flied in the Clt¥clerk~s Office.) Mr. Thomas moved that the report be received and flied. The motion was seconded by Hr. Tsu~=.an sod unanimously adopted. The Clty Hanager advised that on Friday, July 30, 1976, Hr. Hi=cheil suhmitted his retirement papers to be effective immediately. Hr. Ta-~a, an moved that Council go into Executive Session at the end of the Council meeting with the City Manager and the City Attorney to discuss certain litigation of which the city may be a party and also in respect to certain porsonnel matters at the Roanoke Civic Center. The motion was seconded by Hr. Grove and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thc~as and Mayor Taylor ............................. NAYS: None ...............................0. Mr. Thomas stated that this might be an opportune time for Councii, with the City Manager and the Director of Finance, to pursue a suggestion that we look into alternate methods of operation of the Roanoke Civic Center, and moved that the Mayor be authorized to appoint a committee of CounciI to meet with the City Manager and the Director of Finance and such other individuals as they deem pertinent to explore the feasibility of operating the Civic Center on a Commission basis or such other method or methods of operation that they choose to recommend to the Council including the present method of operation if they so desire. The motion was seconded by Hrs. Bowles and unanimously adopted. The Mayor appointed Mr. NichoIas F. Taub~an, Chairman, Hrs. Elizabeth ?. Bowles and Mr. Robert A. Garland as members of the co.mi=tee. WATER DBpARTMENT: The committee appointed to study the one bid received for the new pump in the Chapel Forest Pumping Station submitted a written report recommending that the bid be rejected and that the Administration analyze the project to either change the project scope, readvertise or purchase the materials and perform the work with city forces. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard moved that Council concur in the report and offered the folIowing Resolution= 413 414 (123158) A RESOI~JTION reJectin~ a bid received for the sup~Z~' o£ a p~ for ~e Chapel Forest P~lng Station, ~d au~orlz~g ~e project to be readvertised for new bids. (For full text of Resolution, see Resolutio~ ~ok No. ~. H~ard ~ved ~a adoption of ~e Resolution. The ~tion was second~ by ~. Grove and adopted by ~e foll~ng vote~ AY~ Co~c~l m~rs ~les, Garl~d~ Grove~ H~ard~ Ta~, Th~s and Hayor Taylor ............................. 7. NAYS: None .............................. 0. U~ZNIS~ BUSZ~SS ~ I~ ~E~D BUT STI~ P~DING~ The City Clerk presented a l~st of it~ referr~ but still pending fr~ August 18~ 1975~ to July 26, 19~6. (For full text, see l~st as filed ~n ~e City Clerk's Office.) ~. H~ard moved that ~e list ~ received ~d ~led. The ~t~on was seconde~ by ~. Tarn and ~an~usly adopted. CONSIDE~TION OF C~= NO~. ~NTRODUCTION ~ CONSID~TION OF O~I~CES ~D T~F~C= Ordinance No. 231~ approving and ordering ~de peanut a vehicular traffic diversion facility on W~ndsor Avenue, S. W., in the city, by pe~t barricade from c~b to c~b across Windsor Avenue, S. W. ~ at or near ~e west l~ne of Grace Street, having previously been before Co~c~ for its first read,g, read and adopted on its first reading ~d laid over, was again before ~e b~y, ~. Tarn offering ~e foll~ing for ~ts second reading ~d final adoption: (%23115) ~ O~IN~CE approving ~d ordering ~de pedant, a vehicular traffic diversion facility on Windsor Argue, S. W., in ~e City, by pe~ent barricade from c~b to curb across Windsor Av~ue~ S. W. ~ at or near ~e west line of Grace Street, S. W. (For fu[1 text of Ordin~ce, see Ordin~ce ~ok No. ~. Ta,~h~n moved ~e adoption of ~e Ord~n~ce. ~e motion was seconded by ~. Tho~s and adopted by ~e foll~ng vote= ~ayor Taylor ........................................ NAYS: Cocci1 m~er H~ard ............. 1. ZONING: Ordinance No. 23[~6, rezon~ng property located ~n block of Melrose Avenue, N. W., described as ~ts 9 - 14, inclusive, Helrose Co~y ~p, Off,cia[ Tax No, 2221709, from RG-1, ~neral Resid~tial District, to C-1, Off~ce and Institutional District, having previously be~ before Co~c~l for its first reading, read and adopted on its first reading an~ laid over, was again before the b~y, ~. Th~s offering ~e fo11~ng for ~ts second reading and final adoption= (~23116) AN ORDINA~CE tO amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956~ as amended, and Sheet NO. 222~ Sectional 1966 Zone Hap, City of Roanoke, In relation to Zoning. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taub~an and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Hayer Taylor ................................. NAYS: None ............................0. ZONING: Ordinance No. 23117 rezoning property located at 1705 and Melrose Avenue, N. W., described as Lots 14 and 15, Block 57, Melrose Land Company, Official TaX Nos. 2221514 and 2221515, fro~C-l, Office and Institutional D~strict, to C-2, General Commercial District, having previously been before Council for its first reading, read and adopted on its first reading and laid OVer, was again before the body, Mr. Grove offering the following for its second reading and final adoption: (%23117) AN ORDINANCE to amend Title ~, Chapter 4.1, Section 2, of The Cede of the City of Roanoke, 1956, as a~ended, end Sheet No. 222, Sec- tional 1966 Zone Map, City of Roanoke, in relation to Zoning. (For full text Of Ordinance, see Ordinance Book NO. Hr. Grove moved the adoption of the Ordinance. The motion vas seconded by Mr. Ta-Bm~- and adopted by the follow~g vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Hayer Taylor ........................... 7. NAYS: None .............................0. ST~ETS AND ALLEYS: Ordinance No. 23118 permanently vacatingt continuing and closing those alleys lying on the west side of 29th Street, N. W., located In Block 2, of the Herren Place subdivision Map, lying between Lots 6 and 7, between Lots 8 and 9t between Lots l0 and 11, and between Lots 12 and 13, £n the City of Roanoke, Virginia, having prevlously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Taubman offering the following for its second reading and f~nal adoption: {f23118} AN ORDINARCE permanently vacating, discontinuing and closing those alleys lying on the west side of 29th Street, N. W., located An Block 2, of the Norton Place Subdivision }tap, lying betweell Lots 6 and 7, and between Lots 8 and 9, and between Lots 10 and llw and between Lots 12 and 13, in the City of Roanoke, Virglnia~ and (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Thomas and Mayor Taylor ............................ 7. NAYS: None .............................. 41.5 416 ZONING= Ordinance No. 23119 resonin9 property located at 1306 to 1330 Patterson Avenue, S. W., InclUSive, described as Lots 2 to 0, inclusive, Block 11, Wast ~nd and River'View Map, Official Tax Nos. 1213401 - 1213406, inclusive, from RG-2, General Residential District, to C-2, General Co~aeroial District, having previously been before Council for 1ts first reading, read and adopted On 1ts first reading and laid over, was again before the body, Mr. ThOmas offering the following for its second reading and final adoption= ([23119) AN ORDINANCE to amend Title of The Code of the City of Roanoket 1956, as amended, and Sheet NO. 121, Sectional 1966 Zone Map, City Of Roanoket in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoptlon of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES= Council members Bowies, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ...................... NAYS= None ........................0. ZONING= Ordinance NO. 23120 rezoning property located in the 1200 block Of Laurel Street, S. E., described as Lot 15, Plat of Hillhurst Lots, Official Tax No. 4040901, from RS-3t Slngle-Fa~ly ~esidential Dlatrictt to RD, Duplex Residential District, having previously been before council for its first reading, read and adopted on its first readin~ an~ lai~ over, was again before the body, Hr. Ta~ offering the following for its second reading and final adoption= (%23120) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956t as amended, and Sheet No. 404, Sectional 1966 Zone Hap, City Of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. Mr. Tauhman moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Council members Garland, Grove, Hubard, Tau~ and Mayor Taylor .................................. 5. NAYS: Council member Bowles--1. (Mr. ~ho~as not vot~g] ZONING= Ordinance No. 23121 rezoning 150.11 acres of land from RS-3, Single-Family Residential District, to LHt Light Manufacturing District, end 62.76 acres of land freeR S-3, Single-Felly Resid~ttal D/strict, to C-2, General Co~ercial District, said tracts generally botu/ded on the south by U. S. Route 460, on the west by States=~/~ Industrial Park, on the north by property of Cle.~ent D. Job_nston and Nancy Douthat Goss, et als., end on the east by the Roanoke City corporate llne as establlshed on January 1, 1976, and the property of Lula Virginia Gish, having previously been before Cooncil for its first reading, read and adopted on its first reading and laid overt was again before the body, Mr. Grove offering the following for its second reading and final adoption= (123121) AN ORDINANCE tO amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Noanoke~ 1956, as a~ended~ and Sheet No. 721, Sectional 1966 Zone Nap, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. ~Lr. 6rove moved the'adoption of the Ordinance. The motion was seconded by ~tro Ta-~n and adopted by the following vote~ AYES~ Council m~m~ers Bo~les, Garland~ Grove, Nvbard, a~dNayor Taylor ............................... 6. NAYS~ None ...........................0. (~4r. Thomas not voting) STREETS AND ALI~YS~ Ordinance No. 23122 permanently vacating, discon- tinuing and closing a portion of Hadison Avenue, approximately 50 feet width, extending fro~ its Intersection with the easterly line of Fifth Street, N. W., in an easterly direction to its intersection with a proposed cul de sac, in the City of Roanoke, Virginia, all of which is more particularly described hereinafter, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, ~{r. Thomas offering the following for its second reading and final adoption: (%23122) AN ORDINANCE permanently vacating, discontinuing end closing a portion of Madison Avenue, approximately 50 feet in width, extending frown its intersection with the easterly llne of Flf~l Street, ~. W., in an easterly direction to its intersection with a proposed cul-de-sac, in the City of Roanoke, Virginia, all of which is more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. ~lr. Thomas moved the adoption of the Ordinance. The motion was second- ed by Mr. Taft,nan and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thc~nas and Mayor Taylor ........................... NAYS= None ..............................0. ANNEXATION-ZONING= Ordinance No. 23123 amending Section 2, of Chapter 4.1, of Title XV, of The code of the City of Roanoke, 1956, as a/~anded, providing for zoning classifications for an area in the southwestern quadrant of the city, which area was annexed by the City of Roanoke as of mldntght, December 31, 1975, and incorporating said area into the Official 1966 Zoning Map of the City of ~oanoke being that area in the vicinity of Virginia ~oute and Westla~d Road, S. W., having previously been before Cotlncil for its first readlng, read and adopted on its first reading and laid over, was again before the body, Mr. Ts~m~n offering the following for its second reading and flnal adoption= (~2]123) AN ORDINANCE amending Section 2, Of Chapter 4.1, of Title XV, of The Code Of the City of Roanoke, 1956, as amended, providing for zoning classlflcations for an area in the southwestern quadrant Of the City, which area was a~nexed by the City of ~oanoke as of m~dnight, December 31, 1975, and incorporating said area into the Offlcial 1966 Zoning Map of the City of Roanoke. (For full text of Ordinance, see Ordinance Book No. 4i7 '4 .8 ~o ~a~l~m~n ~oved the adopt:ion of e,~e Ordinance. ["'ne ~otion seconded by ~. Garl~d and adopted by ~e foiling AYes CO,OIl m~era ~wles, Garl~d~ Gr~e~ H~ard~ Ta~ ~s ~d ~yor Taylor ........................... NAYS~ None .............................0. S~TS ~ ~YS~ Ordin~ce No. 23124 pe~ently vacating~ discont~nuing and closing that certain stree~ n~ dedicated as a pro~sed extension o~ Pudding Street, S. W., a certain ~ s~eet ~rdering nor~ern bo~da~ of W~r~ Wilson J~or ~gh Sch~l ~d ~ alley, as on PI~ No. 5530~ prepared ~der date of July 9, 1976, In ~e Office o~ City ~gineer~ having previous~y been before Co~cil ~or its first reading, read and adopted on its first reading ~d laid over, was again before ~ ~s. Bowles offering ~e roll,lng for its s~cond reading and final adoptiont (%23124) ~ O~I~CE pe~ently vacattng~ dlsconti~uing ~d c~oslng ~at certain street n~ d~dicated as a pro~sed ext~sion of Dudding Street~ S. W., a certain ~ed street bordering ~e nor~e~ ~da~ of Wilson J~ior High Sch~l and an alley, as sh~ on PI~ No. 5530, prepared ~der date of July 9, 1976, in ~e office of ~e City ~gineer, Ro~oke, Virg~nia~ sh~in~ the vacation of said streets and alley~ a copy of which pl~ is on file in ~e office of the City Clerk. (For fu~l text of Ord~n~ce, see Ordin~ce ~ok ~s. B~les moved the adoption of ~e Ordin~ce. The ~tion was seconde~ by ~. Ta~ and adopted by ~e following vote= AYES= Co~cil m~ers B~les~ Garland~ Grove~ H~ard, Ta~, Th~s and Mayor Taylor .............................. NAYS: None ................................ 0. DI~C~R OF FIN~CE-T~U~R-CO~ISS~O~R OF ~: Ord~ce No. 23~31 directing and ~roviding for ~e ho~dlng of ~ election ~n the C~ty of Ro~oke on ~e 2nd day of Nov~er, 1976, to dete~ne whe~er ~e qualified voters of ~e City of Roanoke approve ~en~ents to ~e Roanoke ~arter of 1952, as ~e~ded, to bec~e effective J~ua~ ~, ~978~ so as to abolish ~e offices of ~e City Treas~er ~d ~e Co~ss~oner of Rav~ue as elective Offices ~der ~e Charter of said City and so as to tr~sfer ~e duties of ~ose offices, ~ey pertain to ~e revenues of ~e City, to ~e off~ce o~ ~e Director of Fin~ce ~der ~he c~ty gove~ent, hav~ng ~reviously been before Cocci1 for ~ts first readlng~ read and adopted on its first read~g ~d la~d over, was again before ~e b~y, ~. Ta~ offering ~e fo11~ing for ~t~ second read~g and final adoption = (%23131) ~ O~IN~CE directing ~d providing for ~e hold~g of election ~n ~e City of Ro~oke, Virginia, on ~e 2nd day of Nov~r, 1976, to dete~ne whe~er ~e qualif~ed voters of ~e City of Ro~oke approve ~n~ts to ~e Roanoke Charter of 1952, as ~ded, to bec~e effective J~ua~ 1~ 1978~ so as to a~lish the offices of ~e city treas~er ~d c~ssioner of revenue as elective offices ~der ~e Charter of said C~ty and so as to ~sfer duties of ~ose offices, as ~ey pertain to ~e rev~ues of ~e City, to ~e off~ce of ~e Directo~ of F~n~ce ~der ~e City gove~nt. (For full text of Ordinance, sea Ordinance Book No. Hr. Taut~an moved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following votez AYF.~z CoUncil ~era Garland, Grove, Rubard, Tach,n, and ~yor Taylor ................................................. NAYSI CoUncil members Bowles and Thomas ..... 2. In this connection, Mr. ~. S. Howard, Jr., Commissioner of Revenue, appeared before Council and presented a communication expressing his position on the action taken by Council, advising that he cannot conscientiously support such a drastic change in the direction of assessment and collection of Roanoke City taxes as being in the best interest of the citizens or the city government and cannot find valid evidence or conditions which would Justify or support such a ~ove by the Council. (For full text, see comunicatlon as filed in the City Clerk's 0fflce.) The City ~anager submitted a written report in connection with economies that could be effected ii the Offices of Treasurer and Commissioner of Revenue were combinedwith the Director of Finance, ~aking reference to recommendations contained in the McKinsey and Comgany, Incorporated report and the Albert P~mond and Associates report, advising that the desirability for economy and efficient financial administration as projected in these two reports must be carefully weighed against the desirability for retaining the existing system of constitutional officers. (For full text, see report as filed in the city Clerk*e Office.) Council having also requested a report from the Director of Finance relative to what economies could be effected by such a proposal, Hr. Thomas ~oved that the Director Of Finance be requested to fur~ish such information to the Council by its regular meeting on Monday, August 16, 1976. The motion was seconded by Mr. H~bard and u~animously adopted. Mr. Thomas moved that the communication from the Co~missioner of Revenue and the report of the City Manager be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. COMMITTEES: Cotmcil having directed the City Attorney to prepare the proper measure amending the present requirement that all members of authorities, boards, ccm~nissions and committees be residents of the City of Roanoke to exempt those individuals who serve on said authorities, boards, con=~tssions and c~mlttees by reason of their capacity being city employees, he presented samel whereupon, Mr. Thomas offered the following emergency Ordinance= (~23159} AN ORDINANCE emending and reordaining subsection (e) Method of Appointment., Of Sec. 4. Authorities, Boards, Commissions and Committees., Chapter 4J The Council., Title II of The Code of the City of Roanoke, 1956, as amended, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 420 M~. TAC~mS moved the adoption of the Ordinance, The motion was seconded by ~. Ta-~u ~d adopted by ~e folloW9 vote~ AY~ Co~cil ~ers ~les~ Garland, G~Ve~ H~a~d~ ~s and~yor Taylor ........................... 7. ~YSI None ..............................0. S~ S~ D~INSz Co~cil having directed ~ City Attorney to prepare ~e proof measure ~ng provision for extending ~e 3~" sto~ sewer line fr~ the ~ntersect~on of 10~ Street, S. W.~ ~d C~11 Avenue~ S. W.~ to Roanoke R~ver~ he presented s~ whereu~n~ ~. Ta~ o~red ~e folly- lng Resolut~on~ (~3~60) A ~SO~TION~k~ng prov~sioa for ext~d~ sewer line f~ ~e ~ntersection o[ 10~ Street~ S. W.~ and C~bell Argue, S. W., to Roanoke River. (For ful~ text of Resolution, see Resolution ~ok Mr. Ta~ moved ~e adoption of ~e Resolution. The ~tion was seconded bye. ~s ~d adopted by ~e following vote= AYES: Co~cil m~ers ~les, Garl~d~ Grove~ H~ard~ ~ and Mayor Taylor ............................. NAYS= None ............................... PURC~ING AGE~-EQUIP~T= Co~cll having previously concurred ~n a report of a c~tte~ concernln~ steel shelving in ~e City of ~ater~als Control Warehouse, ~s. B~les offered ~e foll~ing ~rgency Ord~ce accepting the pro,sa1 of Design Bus~ness Interiors, Inco~orated= (~23161} ~ O~[N~CE acce~t~ng a certain b~d~de to ~e C~ty for fu~[sh~g, delivering and ~nstalling stee~ shelving ~n ~e City of Ro~oke ~aterials Control Warehouse~ rejecting certain u~er bid~ and providing for an ~erg~cy. [For full text of Ordinance, see Ord[n~ce ~ok No. ~s. Bowles moved ~e ado~tion of ~e Ord[n~ce. The motion was seconded hy ~. Grove and a~opted by ~e foll~ng vote: AYES: Co~c[l ~ers Bow~es, Garland, Grove, H~ard, Ta~, Th~s and Mayor Taylor ................................ ~YS= None .................................. M~IONS ~D MISCE~OUS CO~ClL: The ~yor suggested ~at Cocci1 entertain a ~t[on that ~e re~lar meeting of Co~cil on Monday, Sept~er 13, 19~6, be rescheduled to We~esday, sept~er 15, 19~6, at ~:30 p.m., in view of ~e fact ~at ~e ~jority of ~e m~ers of Co~cil w~l be attending ~e V~rg~nia M~ic~al ~a~e Convention on Sept~er 13~. ~. Th~s moved ~at ~e ~tter be referred to ~e City Atto~ey for preparation of ~e ~roper measure ch~g~ng ~e ~eet~ng dates. The motion was seconded by ~. B~les ~d ~usly adopted. U, S, S. ROA~0K~ IS previously authorized by Councllt the ~ayor appoint. ~r. Byron A. Hlckst Hr. Robert W. Woodym C~nder Harold E, Sc~der ~d ~o~ A, ~elley as a c~ttee to ~e zec~ndations to Co~cll conceding ~y res~nslbllltles ~e Clt~ of Ro~oke ~y ~a tn co~ec~lon ~1~ the co~l sionin9 of ~e O. 5. S. ~oke. C~I~-AI~ORT~ AS previously au~orlzed by Cocci1, ~e appointed~. ~llli~S. H~ard, Chal~, ~s, Eliz~e~ T. ~les, ~. ~be~t A. Garl~d, ~. ~. Stua=t F~anklin, Jr., ~d~. ~rt H. ~er, 3r.~ as of a c~ttee to study the question of c~osltlon o[ the ~rt~vlso~Co~ss md to s~it a re~t to Co~cil no later th~ ~e~day, Septet 7, 1976, =elativ6 to ~y p~o~sed ch~ges. C~I~EES: Co~cil having previously agreed in its Study Session 3uly 1, 1976, to ap~lnt a Citizens~ Blue Rib~n ~n9-~n9e Planning and Setting C~lttee, each m~er of Co~ci[ being au~o~lzed to ap~int t~ ~e ~tter ~a~ before the b~y. ~s. Bowle~ appolnted~. Co,bin B. ~lley. ~. Garland appoi~ted~. Bert Ely and~. ~nd C. Equi, ~. Grove ap~lnted~. E. 6Iiffi~ ~so~, 3r., and ~. L. Horley. ~. H~a~d appointed ~. George B. Ca=tledTe, a~., and Hr. 3. Haefarl~e. Before ~kin~ his ap~in~ent, ~. Tho~s inqulret of the Assl~tat City Attorney as to whe~er or not the state ~rovision earlier referred to would prohibit ~. David K. ~isk fr~ sevin9 on ~is co--tree, whereupon, the Assist~l City Attorney advised that it would not be a~91ic~le to ~. Li~k in this Mr. Th~s appointed ~. J~es A. Ford ~d ~. David K. Lisk. The Mayor appointed ~. ~wrence H. H~lar and ~. Paul C. Buford, Jr. ~. Ta~ advised that he would like to brin9 in the n~e of a Certified P~lic Accouter for this co~ttee ~d, with ~e eonc~rence of Co~cil, will do so at ~e next reeler meeting on Honday, Au~st 9, 1976. ~. Ta~ moved ~at~. W. Bolling Izard be designated as ~e of ~e c~ttee. The motion was seconded by ~. Grove and ~usly adopted. C~I~ES-P~SION: ~e ~yor advised ~at ~ere i~ a vac~ on ~e Board of T~stees~ ~loyees~ Retir~ent $yst~, ~at according to Ordin~ce No. 22302, a m~er of ~e Fire Depar~ent must be appointed for a te~ of one year ending J~e 30, 1977, ~d called for n~nations to fill ~e vac~. ~. H~ard placed in no,nation ~e n~ of Captain H. R. Kiser. There being no f~er n~nations, Captain H. R. Kiser was appointed as a m~er of ~e ~ard of Trustees, ~ployees' Retir~ent Syst~, for a te~ of one year end~g J~e 30, 1977, by ~e foll~ing vote: FOR ~T~N KISER: Co~cil m~ers Bowles, Garland, Grove, H~ard, Ta~, ~s ~d Mayor Taylor ................ ~---~ ......... 422 CO~IlTTE~-P~NSIOH~ The Nayor advised that there is a vacancy on the Board o£ Trustees, ~l~ees~ ~tir~t Syst~ to fill a ~sition vacated by ~. ~nald ~. Grah~ for a te~ of fo~ yeare endinq ~e 30, 1980, ~d called for n~nations to Elll ~e ~r. H~ard placed In n~nation ~e n~ of ~. F~ed W. ~eaver. The~e being no i~er n~nations~ ~. F~ed Weaver vas ap~lnted oE fo~ yeare ending J~e 30, 1980, by ~e foll~ln~ vote~ FOR ~. ~Rt Co.cfi ~rS ~les~ Ga~l~d~ Grove~ H~a~d~ C~I~ESt Wi~ reference to vac~cles on ~e Pair ~plo~nt Practiceg C~ttee, ~e Roanoke P~IIc Libra~ ~ard, ~e You~ C~tsslon~ the Housing Task Force Co~ittee, the Huse~ Adviso~ c~ittee, ~e Housing and Hygiene Board and the Virginia Western Co~ity College ~ard, the Ha~or assigned each ~er of Co.oil with the res~nsibilfty of bringing in n~nations for these C~I~EES-P~SION~ Wi~ refference to ~e vac~cies on the Police ~d Fire Pension Board created by the resf~ations of ~. Hen~ R. Kiser and ~. Carl C. Holt, ~e Director of Finance advised ~at ~e res~nsibflfties of this Board are ~ln~ h~dled by ~e Board of Trustees, ~loyees' Retir~e~t Syst~, ~d suggested ~at ~la ~tter be referred to the city Atto~ey for preparation of ~e proof meas~e ~endin9 ~e City C~e to inco~rate ~e duties responsibilities of ~e ~olice ~d Fire ~ension Board wi~ ~a Board of Trustees, ~ployees' Retir~nt Syst~. ~. H~ard moved ~at the ~tter of revising ~e City Code as suggested by ~e Director of Finance be referred to ~e City Atto~ey for preparation of adopted. C~I~S-T~S: The H~yor advised of a vac~ on the Revenue Study C~ssion, and prior to filling ~at vacancy, ~. H~d moved ~at the c~posi- Blue ~bon ~n9-~ge Planing and Goal Setting Co--tree for study, report ~ous 1y adopted. of Co.ell ~at there is a vaca~ on ~e C~it~ Relations C~ttee created by the resignation of ~e Reverend E. Benign Sanders for a one year te~ ending J~e 30, 1977, and called for n~nations to ~e fill ~e ~. H~ard advised ~at he previously ta~ed Wf~ ~. Charles A. of the Reverend ~illla 6. ~eck ~d requested ~at ~is propoeed no. nation be brought to the att~tion of ~e C~ity Relations C~ttee. ~. H~ard place in no.nation ~e n~ of ~e Revered Wfllf~ G. There being no £u~ther n~ain&tionst Reverend Heck vas appointed as a ~e~ of ~a C~lty R~lations C~tte~ fo~ a ~ of one year ending ~e 30~ 1977~ by ~a foll~ln~ vo~ FO~ ~ ~CE$ CO~C~I m~ers ~les, Garl~d~ Grove, Ta~, ~s, and ~yor Taylor ....................... 7. C~I~S-PUBLIC ~: The ~yo= ~alle~ to ~ att~tion o~ Cocci1 t~t ~ere is a vac~cy on ~e ~viso~ ~ard of H~ Se~ices to fill ~e ~e~lr~ te~ of ~s. Virginia Snea~ ending Nov~r 7, 1977, called for n~lnations to fill ~e vac~. ~. H~rd placed Ln n~nation ~e n~ of ~. Payton H. Hoore. There being no fur~r n~nations, ~. H~re was appointed as a of the A~viso~ Board of H~ Se~lces to fill ~e ~e~lre~ te~ o~ ~s. Virginia Snea~ ending Nov~r 7, 1977, by the foll~ln9 vote: FOR ~. H~: Co~cil m~ers ~les, Garland, Grove, H~ard~ Ta~, Th~s ~d Mayor Taylor ................................. C~I~S-FAIR ~ P~CTICES COSINE: ~e Hayor called to ~e attention of Co~uii ~at ~ one year te~ of ~. J~ W. Wi111~ as a m~er of ~e Fair ~lo~nt ~ractices C~itte~ e~lr~ on J~e ~at ~. Willi~ is willing to se~e angler te~, an~ called for n~inations to fill ~e vac~. There being no fur~er n~nations, ~. Wllli~ was reap~inte~ as a m~er of ~e Fair ~lo~en~ Practices C~ittee for a te~ of o~e year ~ing J~e 30~ 1977, by ~e [oll~ing vote: FOR ~. WILLI~: Cocci1 m~rs Bowles, Garland, Grove, Hubard, Tarn, Th~s and Mayor Taylor ......................... C~I~ES-HOUSING-SL~ C~: The ~yor called to ~e attentlo~ of Co~cil ~at ~e t~ of ~. ~arold G. Hardy as a m~r of th~ Housing Task Force Co--tree e~ired on J~e 30, 1976~ ~at ~. Hardy is willing to ~o~er t~, ~d called for n~ations to fill ~e ~. H~ar~ placed in n~nation ~e n~e of ~. ~rold G. Har~y. There being no fur~er n~natlons, ~. Hardy was reappoi~te~ as a m~er of ~e Housing Task Force Co~tt~e for a on~ year te~ ending J~ 30, 1977, by ~e foll~ing vote: FOR ~. ~Y: Co~cil ~ers B~les, Garl~d, Grove, H~ard, Ta~, Th~s and Mayor Taylor ......................... 7. C~I~S-~ ~SOURCES COSINE: ~e ~yor called to ~e att~tion of Co~cil ~at one year te~ of ~. Fra~ H. ~ys as a m~er of ~e H~ Reso~ces Co--tree 8~ired on J~e 30, 1976, ~at ~. ~ys wllllng to sa~e ~o~r t~, ~ caile~ for nominations to ~tll the ~. ~s piac~d in no. nation ~e n~e of ~. Fr~ H. There ~g no f~er no.nations, ~. Hays was reappointe~ as a m~ar of the H~n Resources Co~ttee for a te~ of one year ending J~ 30, 1977, by ~e foli~ing vote: 4:23 424 FOR HR. HAYS: Council members Bowles, Gariandw Grove, Hubard, Taulman, Thanes and Hayer Taylor ......................... ?* COF~ilTTEES-pHRSOliIt~-r. DEPARI1Q~Ts The HAyer called to the attention of Council thst there is a vacancy on the Personnel Board created by the death of William C. Thomas for a term ending February 28, 1977, and called for nominations to fill the vacancy. Mr. Hubard placed in nomination the name of ]tr. Ellis B, Holmes. There being no further nominations, Jtr. Holmes was appointed as a member of the Personnel Board to fill the unexpired term of Hr. William C. Thc~as, decease , ending February 28, 1977, by the following vote: FOR HR. HOI~iES: Council members Bo~les, Garlnnd, Grove, Hubard, Taul~an, Thomas and Hayer Taylor .............................. ?* COH}IITTEES-HOUSING-SLUH CLEARANCE: The Hayer advised that the terms Of Hessrs. C. Fred He, gus, Hilliam H. Hajors, and Edwin L. phillips as Co==nlsstoners of the City of Roanoke Redevelopment and Housing Authority will expire on August 31, 1976, that all three gentlemen are willing to serve another term, and called for nc~inations to fill the vacancies. Hr. Grove placed in nOmination the names of Hessrs. C. Fred He, gus, l~llliam E. Hajors and Edwin L. Phillips. There being no further nominations, itessrs. Hangus, Hajors and phillips were reappointed as C~issloners of the City of Roanoke Redevelopment and HousLng Authority for terms of four years each ending Au~st 31, 1980, by the relieving votes FOR HBSSRS. HANGUS, HA~ORS AND PHILLIPSI Council me~bers Bowles, Garland, Grove, Hub~rd, Taubman, Thomas and Player Taylor .................. 7. OTHER HEARIEGS OF CITIZI~S: COUNCIL-LEGISLATIOn: The tiayor advised that at the Study Session on Thursday, July 1, 1976, Council authorized him to invite Senator William B. Hopkins and Delegates A. Victor Thomas and Ray L. Garland to the financial and planning session on Honday, September 20, 1976, and it came to his attention that due to annexation the city has new territoz~ and that territory is still in the former legislative district, that Senator Dudley ~. Emick and Delegates C. Richard Cranwell and Raymond R. Robrecht presently represent a portion of the new territory and it appears that it would be fitting to also invite Senator Emick, and Delegates Crunwell and Robrecht to the study session. The members of Council eoncttrred with this suggestion. At this point, the tlayor declared a recess in order that Council could discuss possible litigation and personnel matters in Executive Session. Council reconvened at ?:00 p.m., with lit. Thomas absent, and Taylor presiding. There being no further business, the Hayer declared the meeting adjourned~i APPROVED City Clerk Mayor Honday~ August The Council of the City of Roanoke met in regular meeting ~n the Council Chamber in the Municipal Building, City of Roanoke, at 2 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding. pRESENTs Council _~m~ers Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor ............................... 7. ~SENT~ None ................................ 0. OFFICERS PRESENT~ Mr. Byron E. Hanar, City Hanager~ Mr. Sam H. McGhee, III, Assistant City Manager~ Mr. James N. Kincanon, City Attorney~ Mr. James E. Buchholtz, Assistant City Attorney~ Mr. A. N. Gibson, Director Of Flnance~ and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend LeRoy V. Jones, Pastor, Belmont United Methodist Church. MINUTES~ Copies of the minutes Of the regular meeting held on Monday, July 26, 1975, and the regular meeting held on Monday, August 2, 1976, having been furnished each member of Council, on motion of Mr. Thomas, seconded by Mr. Hubard and unanimously adopted, the reading thereof was dispensea with and the ~inutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS= CITY MANAGER-COMPLAINTS: Mr. ~obby Osborne, Attorney, representing Mr. Bill Hollyfield and Concerned Citizens For Better Government appeared before Council and presented a petition signed by approximately 5,000 persons requesting that Council take immediate action to do something to change the present admini- stration, that this is directed at the City Manager and the Assistant city Manager, and also presented the following list of ten items which represents the major concerns of the people who signed the petition, advising that the first six items are directed at taxes and the reason for this is simple in that investigation revealed that Roanoke City is the highest taxing city in the State of Virginia, yet the council is still looking for more ways to tax its citizens. "MANAGEMENT AND MISMANAGE/~ENT RE: Mr. Ma~er's Budget showing Mismanagement in the following areas: 1) Real Estate Tax 2) Utility Tax ~ 3} Business License Tax 4) Sewage Tax 5} Water Tax 6) Garbage Tax ?} Management studies reguested by City M~nager cost in excess of $50,000.00, that were never made public. 425 426 (a) Population study - started 1-1/2 years ago, and finished vithin the last 9 ~onths, planning department conducted studies. lb) East Gate study - started 1-1/2 yea~s ago and finished within the last 9 months, planning department conducted studies. 8) ~tllisstion of equipment and buying of new equipment for the City. ~o has an lnventor~ of City o~ned e~ulpment? 9)To whc~ is the City Auditor accountable, city Councll or the City Manager? 10) City Personnel Horale - employee mismanagement hiring and firing policies resulted In dissatisfaction and low morale of City employees.' tlr. osborne asked the following questions of Council to he answered at a later date= {1) When is the last tine any new business or factory has deemed it feasible to locate in the City of Roanoke? {2) How many people in the City of Roanoke have their hc~es on the market for sale due to high real estate taxes? In his presentation, Mr. Osborne made reference to morale of city eunployees which is at an all t~me low, advising that many city employees came to him personally and said they would like to sign the petition huh they were afraid to do so for fear of placing their jobs tn jeopardy and urged that Council look into the situation now and do something about it now, not next year, before it is too late, before we do not have a city. In view of the list of the ten items charging mismanagement, Fir. Hubard inquired as to whether or not Mr. Osborne is modifying the petition; whereupen, Mr. Osborne replied in the negative, that it was net intended to modify the petition in any way, that the petition is just what it says. The people who signed it feel the only way to correct the problems is to get a new administration. Mr. Garland advised that he must take issue with the first three items on the list; viz: the real estate tax, the utility tax and the business license tax, that it would be unfair to blame Mr. Haner with these three taxes, advising that he can remember the business license tax being 55¢ per $100 since 1961, he knows the 20 per cent utility tax was here long before Mr. Haner arrived, and the real estate tax has been $3.45 since 1966. Mr. Osborne advised that the point is the real estate tax has been drastically increased. Whenever you have a reassessment on top of an increase, the other taxes fall into line behind this including the bus[ness license tax and the utility tax which represents the fact that there are extremely high taxes upon the citizens. We should be able to operate the city within a reasonahl. tax and possibly eliminate some of the other taxes and still be able to prepare a budget the Council cun live with and not re,rake the City of l~oanoke one of the highest taxing cities in the State of Virg~nia. Mr. Ray Dobbins, 3112 Melrose Avenue, N. W., advised that he is a major taxpayer in the City of Roanoke, he is a concerned taxpayer, he is not trying to ran Council's business but taxes are completely out of the realm of reason in this city by whatever standards one sets. Repeatedly, it has been requested that the personal property tax be pro rated. People are moving out of the city because of excessive taxes, ~he City of Roanoke is go~ng to be a ghost town if the tax structure is not changed. Mr. Dobbins suggested that Council give the business people a tax break and a reason to want to cc~e to the City of ~oanoke. Be wants to have hie money spent ~n a reputable manner and h~ve it accounted for and the citizens want Council to check into the m~nagement of this city and provide them with some response. Hr. Hubard advised that he could not agree more that the city do~e have tax problems. The business license tax for many years has been known to be the highest in the state. Council is vitally concerned and for that reason among others, established a Citizens~ Blue Ribbon Long Range Planning and Goal Setting Come. tree to study the total financial situation of the city. The tax policy is set by the seven ~mbers of Council, not the City Hanager or the Assistant City Hanager a~d it is u~fair to place ail the blame on these two men. Hr. Garland advised that when you have 5,000% signatures on a petitiont you cannot ignore it or be oblivious of it, and moYed that Council take the matter under advisement as a Committee of the Whole and that the Mayor be requested to set a meeting date at his earliest convenience to discuss the p~titlon. The motion was seconded by Mr. Hubard and unan~nously adopted. It was generally agreed that Council would meet as a Co=mittee of the Whole ~ediately following the Council meeting and thatHr. Osborne and/or representatives of the Concerned Citizens For Better Government would be in attend- ance. CITY EHPLOYEES-pLARNING: Hr. Edward R. Tucker, one of the laid-off city employees~ appeared before Co~nc~! relative to the failure of the City Manager to abide by a decision of the Personnel Board regarding reinstating h~m in his former position with the city, advising that on June 4th he received his letter of termination, he later complained to his department head that city seniority policy had not been followed, receiving no satisfaction he notified the City Manager stating that he considered his termination a violation of city seniority policy, and, receiving no reply he complained to Council on June 21st. Council referred the matter to the City Hanager for report. The City Manager reported back to Council on June 28th and after being advised by Council that his terminatlo~ was grievable he filed a~ appeal with the Personnel Board. The Board upheld his c~nplalning grievance that city seniority policy had in fact been violated and paragraph 8.04 of the city personnel rules and regulations had not been followed and their decision was that he be reinstated. A week ~ater at the request of the City Manager, the Board again restated its decision and further clarified its intent by saying that it considered its decision to be mandatory. He feels he has exhausted the administrative procedure as advised by Council and he has Still seen no results. He has been without the security of a job for ten weeks. He has a family to support and carhnot wait indefinitely for the City Manager's reaction and respectfully requested that Council require of the City Hanager his motives in postponing any action on the mmlldatory decision of the Persormel Board. '4'2-7 4.28 ?be Assistant City Hanager advised ~hst the ad~[nistration has been just as concerned over the hatter as has been M~. ~ucker, that thc wording of the Personnel Board"e decision Is such that the adz~nist~ation Is not clear as to what it neans, The decision of the Board does not indicate whether or not the rules were followed. It says reinstate Hr. ~ucker and remove the person with six monthts service. The City Hanager's Office was in touch with the Personnel Board last week and again on Hondaymorning in an effort to clarify the report and they are waiting for a reply frc~ the Chairman of the Personnel Board which he thought would have been received prior to the Council meeting at 2=00 p.m. Mr. Th~nae stated that the matter should be resolved today if at all possible and moved that action on the matter be deferred ~mtil the end of the Council meeting pending any additional information from the administration. The motion was seconded by Mr. Tauhman and unanimously adopte~. PETITIONS AND COMMUNICATIONS= ZONING-ANNEXATION= A oo~uunication from Mr. Claude D. Carter, Attorney, representing Hr. Vernon ~. Baker, r~uesting that his request for rezoning a 6.? acre tract of land on Remlock Road be referred back to the City Planning Co~nission for reconsideration since Mr. Baker was not notified Of the Planning Commission meeting on June 2, 1976, and was not preeent when his request was considered, was before Council. (For full text, see communication as filed in the City Clerk's Office.} us. Thomas moved that Council concur in the request of Mr. Carter that the matter be referred back to the City Planning Comm~eslon for reconsidera- tion. The motion was seconded by Hr. Ta~ma~ and unanimously adopted. Mrs. E. J. ~igley, 757 Re_mleck Road, appeared before Council and advised that the residents have appeared before the Co,mci1 and the city Planning Commission on five different occasions in opposition to this request and Hr. Baker has appeared only once, that the statement in the letter from Hr. Carter that the property was acquired in 1975 is not correct, that the property was acquired in 1968 and has never been developed because the land is not suitable for apartments. A~ unidentified lady suggested that Hr. Baker's letter of notification of the hearing before the city Plan~ing Com~ssion b~ sent by registered mail with a return receipt requested. The Deputy Manager cf City Planning advised that the matter will be readvertised and it will be the September 8th meeting of the Plauning commission before it can be reconsidered. ~PORTS OF OFFICERS= BUDGET-HOUSING-SLUM CLEARANCE= The City Manager submitted a writte~ report recommending authorization to make necessary transfers in order to pay the City of Roanoke Redevelo~ent and Housing Authority $316,389.94 for Dow~tow~ East and ~197,169.02 for K~all for the Authority~e use in reducing the out- sta~dlng debt on these projects. ~For full text, see report as filed in the City Clerk's office.) ~o Ta-~ offered the follo~ng e~ergency Ordinance t~sferrin~ $11,188.~5 fr~ K~all R~evelo~t to ~t~ Sas2 ~develo~nt ~der Section $2401, 'Capl~l ~tlay FrmRev~ue,' o[ ~e 1976-77 bud~e~ ~lay Fr~ Revenue,' of ~e 1976-7~ Sewage Tzea~ent F~d Appropriation Ord~n~ce, ~4 providing for an ~erg~. {For [ull t~t of Ordinance, see Or4ln~ce ~k No. ~. T~a~ ~v~ ~e adoption o[ ~e Ordin~ce. The ~tio~ was seconded by Hr. H~ard and adopted by ~ roll.lng vote~ AYESI Co~cil ~ers ~wles, Garland, Grove, H~ard, Ta~ Th~s and Mayor Taylor ............................ ~Y5= None .............................. ~. Ta-~m~n offered the roll,lng ~rg~ Ordinance tr~sferri~g $44,403.~4 fr~ ~t~ East to Ki~all ~der Section ~1855, 'Tr~sfers to Other F~ds,' of ~e 19~6-~ budget= (%23163) ~ O~I~CE to ~end ~d r~ordain Section ~1555, 'Tr~sfers to Other F~ds,' of the 19~6-~ Appropriation Ordinance~ and providing for (For full text of Ordinance, see Ordinance ~k No. ~. Ta~an moved ~e adoption of ~e Ordinate. The ~tio~ waa seconded by ~. Tn~s and adopted by the foll~ing vote: ~s and Mayor Taylor ............................. ~YS: None ............................... B~T-LIB~IES: The City M~ager s~mitted a ~itten report ~at $~3,663.00 be appropriated to~terlals and Supplies ~der Section %1480, 'Libraries,' of ~e 19~6-~ budget, representing f~ds deposited into the General F~d instead of ~e Gr~t F~d. (For full text, see report as filed in ~e City Clerk's Office.] Mr. Tho~s offere~ ~e roll,in9 ~ergen~ Ordinance appropriating $13~663.00 to Materials and Supplies ~der Section %1480, 'Libraries~' of 1976-77 budget= (%23164} ~ O~IN~CE to ~end ~d reordain Se=tion %1480, 'Libraries~' of the 19~6-~ Appropriation O~dlnance, ~d providing for an ~ergen~. (For full text of Ordinate, see Ordinance B~k NO. ~. Th~s moved the adoption of ~e ordin~ce. The motion was seconded by Mr. Ta~ ~d adopted by ~e foll~iag AYe: Co~cil m~ers B~les, Garl~d, Grove, H~ard, Ta~ ~o~s and Mayor Taylor ................................ ~YS: N6ne .................................. 0 BU~ET-G~S: The City ~ager s~mitted a writt~ report advising ~at CETA Gr~t No. 5~-6-204-21, M~ification No. 603, has been increased by $~,132,432.00 representing Tr~sition Quarter f~ds for ~e peri~ fr~ July 1, 19~6, t~ough J~ua~ 31, 19~ ~d reco~ding ~ appropriation in (For full text~ see re~rt as filed in ~e City Clerk's Office.) 429 430 Hr. ltubard offered the following e~ergancy Ordinance app~op~lat~g ~e requested E~ds~ (123165) ~ O~I~CE to ~d ~d feo~da~ Sectio~ ~7g08, "P~lic Se~1ce Pg~r~ Title II~' of ~e 1976-77 Gr~t P~ogg~ Accost, ~d provtd~g (For full t~t of O~ln~ce~ see Ord~ce ~k ~. H~ard ~v~ the adoption of ~e Ordin~ce. The ~tion vas seconded by ~. Ta~ and adopted by ~e roll,in9 vote: ~s ~d ~a~or Taylor .............................. 7. ~YS: None ................................ 0. BU~ET-G~SI The City ~ager s~tted a ~ltten re~rt advls~g that CETA Gr~t No. 5~-6-204-2~, H~f~cation NO. 604 has ~n representing Transition 0uarter f~s ~or ~e ~r~ fr~ July I ~ough Septet 30~ 1976, ~a rec~en~ng an appropriation ~n ~s ~t to ~e Gr~t Pr~r~ ~For ful~ ~ext, see report as fil~a In ~a City Clerk's Office.) Hr. Grove offered ~e fo11~ng ~rg~ Ord~n~ce appropriating the re~ested f~ds: (~23166} ~ O~IN~CE to ~end and reordain S~ction Se~iue Pr~r~, Title II,' of ~e 1976-77 Grant Pro9r~ Acco~t~ an~ providing for an by gr. Garl~d and adopted by ~e roll,lng vote= Th~s and Mayor Taylor ................................ 7. concurring in a re~rt of ~e Bid C~ttee rec~ending ~at ~e bid of Suffolk Ch~ical C~pany in ~e ~t of $132.90 per ton, for fu~ishing ~e Water Depar~ent wi~ approx~tely 275~000 ~s. of ~t~dar~ gro~d al~ for use water purification~ be accepted. {For f~ll ~ex~, see reports as filed ~ ~e City Clerk's Office.} Mr. Th~as offered ~e foll~ing ~ergen~ Ordin~ue acce~ting proposal of Suffolk Ch~cal (~23167) ~ O~IN~CE au~orlzing ~e p~chase of supplies of st~dard gro~d al~ for the City's Water Depar~ent for ~e peri~ beg~n~g July 1, a certain bid ~de to ~e City~ ~ejecting certain o~er blds~ ~d providing (For full text of ordin~ce~ see Ordinance Book No. by Mr. Tarn and adopt~ by ~e foll~ing vote= AYES~ Council ~hers Bowlesw Garland, Grovew Hubard, Tauhman, Thomas an~Mayor Taylor ...............................?. NAYS~ None .................................0. HEALT~DEPA~TMENT: The City Manager sub~Ltted a written report rec~n~ng approval for execution of tbs appropriate agreement betwsen the Health Department and the city permitting said Department to maks out-patient care charges at the rate of $12.00 per visit for this fiscal year. (For full text, see report as filed In the City Clerk's O£fice.) Mr. Garland moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Tauhman and unanimously adopted. CITY EMPLOYEES= The City Manager ~ubmitted a written report mn connsc- tion with compensatory t~me, and specifically as to Mr. Rex T. Mitchell, Jr., retiring Manager of the Roanoke Civic Center, advising that should it be Co~ncil~s desire, Mr. Mitchell could be paid for 30 days compensatory tLme, which, in essence would pay him for six weeks of compensatory time in addition to six weeks of vacation time plus $845.00 for special leave, and the Council is advised that should it desire to pay this compensatory time, it will b~ establishing a new Policy which, in essence, will cost the city some large amounts of money. Relative to the matter of compensatory time for those Individuals who were laid off for economic reasons, the ~mount of unpaid compensatory time for these persons totals $3,156.98, and, if it is the will of Council that the city pay compensatory! time, mt would be recommended that Council authorize the expenditure of $2,537.00 to Hr. Mitchell and $3,1~6.98 to the nine individuals who were laid off on June 18, 1976, which would pay each of those indlvlduals for compensatory time accumulated up to a maximu~ o~ 30 days. (For ful! text~ see report as filed in the city Clerk's Office.} Mr. Hubard moved that Council concur in the recon~endation of the City Manager that an expenditure Of $2,537.00 be authorized for 30 days cc~pensa- tory time for Mr. Mitchell and $3,156.98 be authorized for the nine indivlduals who were laid off on June 18th, and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Ta~n and unanimously adopted. Mr. Hubard moved that the City Manager be requested to submit to Council any recommended changes he would care to make relative to the compensatory time policy of the City of Roanoke, said report to be submitted to Councll at its meeting on Monday, August 23, 1976. The motion was seconded by Hr. Taubman and unanimously adopted. TAXES-C~TY EMPLOYEES= The City Manager submitted a written report mn connection with pay increases for city ~mployeea, asking that Council~ prior to taking any action to indicate their intention to lower city taxes at this time, honor their commitment to their employees and consider utilizing any additional revenues available to reinstitute the cityts m~rit increase systole as expeditiously as possible and to grant cost Of livlng increases to all city employees. :43.,:1. 4'32 (For full text, see report as £11ed ~n the City Clerk'sOffiCUo) Council expressed the feelin9 that it should continue¥1th its previous ~ntent as set out in Resolution No. 23157 adopted on August 2, 1976, that any additional revenue as a result o£ the reassessment will be returned to the citizens of the City of Roanoke by reducing taxes and any review of the pay increases or merit raises will depend on the budget and revenue from other The City Hanager stated that inasmuch as council has expressed concern as to employee morale, he feels duty bound to re'nd the Council that nothing affects morale more than a pay increase and that all employees should be treated equally. Mr. Thomas pointed out that during the eight years he has been on Council, each yeart in budget study~ the employees of the city have~ at least in four of those years, come first and this year the Council again made It clear that if and when a surplus materialized and there were sufficient funds, those funds would go to the employees and this is still the Council's intention. Mr, Taubman moved that the report bo received and filed. The motion was seconded by Mr. Grove and unall~mously adopted. AIRPORT= The City Manager s~Bm~tted a written report requesting concurrence to purchase land for the Non~Directional Beacon Site and to lease land for the Missed-Approach-Point ~arker Site and Outer ~ar~er ~i~e at ~oanoKu Hunicipal Airport, Woodrum Field, and that Council pass the necessary enabling Ordinance or Ordinances. (For full text, see report as filed in the City Clerk's Office.) Mr. Taubman moved the adoption of an Ordinance authorizing and providing for the lease. The motion was seconded by Mrs. Bowles. Question was raised relative to the proposal for lease from the St. Elias Catholic Church of the ease~nent and why it would not be more feasible to purchase the property, whereupon, Mr. Kiser, Director of utilities and Operations, advised that the property is not for sale. Mr. Grove asked if the City of Roanoke hasthe right of condemnation and Mr. Kiser advised in the affirmative to whichMr. Grove stated that it seems we should purchase the land if at all possible and if we need it for other purposes in the future, it will be there. Mr. Thomas offered a substitute motion that the matter be referred to the Airport Advisory Co~nn~sslon to provide Council with an update. The motion was seconded by Mr. Taubman and unanimously adopted. The City Attorney called to the attention of Coancil the urgency of thematter and that the Federal Aviation Administration is pressing for immediat acquisition and installation of the syste~. STREETS AND ALLEYS-STAT~ HIGHWAYS: The City Manager S-Bm~tted a written report in connection with the Colonial Avenue widening, advising that a meeting withMr. Jack Presley, who is serving as spokesman for the area residents, will be scheduled as soon as a mutually agreeable time can bo established, that due to work to be completed by the con~ractor performLng the const~uction of 23rd Street for the Virginia Department of Highways and T~ansportation, it is necessary that the eastbound right turn lane on Colonial Avenue~ from 25th Street to the ne~ 23rd Street, be constructed immediately. This will allo~ sc~e relief to the traffic con~estion and will further allo~ the contractor to install traffic detectors for the signal installation, the construction of this right turn lane to be along property solely o~ned by the Virginia Department of Highways and Transportation and it is also anticipated that improvements to the alleys both north and south of Colonial Avenue will be initiated. (For full text, see report as filed in the City Clerkts Office.) The City Hanager verbally advised of a meeting on Friday, August 6, 1976, at 5:00 p.m., with Mr. Presley and certain other Colonial~ Avenue residents and presented a list of conditions which they have requested. A discussion was held relative to the amount of money for the new proposal as opposed to the previous proposal and the City Hanager advised that it would cost several thousand dollars per resident as opposed to $100 prevlously recammended to Council, and as to how this work will affect the value of the property, it is difficult to speculate u/ltil the work is completed and some time has elapsed. Hr. Garland moved that calculations be made relative to the cost of the new proposal as requested by the Colonial Avenue residents and that the Clty Hanager submit a report to Council as soon as possible. The motion was seconded by Mr. Thc~as and unanimously adopted. REGIONAL JAILI The City Hanager submitted a written report proposing, subject to Cotulcilts concurrence, that Hayes, Seay, Hattern and Hattern, Architects and F~gineers, be advised to design the jell facility based on the second alternatLve utilizing electrical energy for both beating and cooling. (For full text, see report as filed in the City Clerk's Office.) Hr. Grove moved that Council concur in the report. The mo~ion was seconded by Mr. Garland and unanimously adopted. POLICE DEPARTHENT-FIRE DEPARTHENT: The City Manager submitted a written report listing the status of porsoune! in the Police and the Fire Departments as of Jk~e 30, 1976. (For full text, see report as filed in the City Clerkts Office.) Hr. Thomas moved that the report be received and filed. The motion was seconded by Hr. Taub~an and unanimously adopted. COUNCIL= The City Manager submitted a written report requesting an Executive Session to discuss both a litigation and a persounel ~atter. The City Manager verbally requested that the Executive Session be held only for a matter of litigatlon. ~r. Taub~an moved that Council meet in Executive Session or closed meeting to consult with the City Manager end the city Attorney concerning certain proposed litigation of which the city may be a party. The motion was seconded by Mr. Thc~as and adopted by the following vote: 4'83 4-34 AYES: Council ~m~ere Bo~les, Garland, Grove, Hubard, Taubman, Thomas and~tayor Taylor ............................ 7. ~AYS: ~ofle .............................. 0. BUDGET: The Director of Finance submitted a written report clarifying the deficit sho~n in the June, 1976, financial report. {For full text, see report as filed in the City Clerk's Office.) The Director of Finence advised that the ~naudited figures for the fiscal year ended June 30, 1976, eho~ed a deflclt o[ ~$9,426.00 whlch ste~ pr~rlly from a change from cash to account system which was set up approxi- nmtely one year ago by outside auditors retained by the Council. The auditors are working on the books at the present time and tJte figure could change in Sepkember or October. Hr. Thomas stated that the Council should have had prior warnings that it would end the last fiscal year with a deficit and Hr. Hubard questioned the City Attorney as to the legality of an ~mbalanoed report at the end of the fiscal year, to which the Clty Attorney advised that the re~ort is legal as long as Council did not intentionally end up with a deflc£t. The Director of Finance pointed out that the Council has had o~rating losses before last year but it had a surplus to cover the loss so that it was never critical. In a discussion of the matter, th~ ~lrector of Financ~ pointed out that refusal to honor the racc~nmendations of the Independent audltors would hurt the cityms financial position with financial institutions outside the city and the presence of Peat, Marwick, Mitchell & Company and their assurance of the compliance by the city of proger accou~tlng methods were the prime factors ~n the favorable rating the city received for the sale of the $22,000,000 of bonds. After a lengthy discussion of the matter, Mr. Hubardmoved that the report be received and filed. The motion was seconded by Hr. Garland and unanlmou~ adopted. BUDGET-HUMAN ~ESOURCES COMMITTEE-O.I.C.= The Director of Finance submitted a written report advislng of an appropriation of $4,256.00 to O. I. C. in the 1975-76 budget, that these funds were never applied for and on June 30, 1976, the appropriation died, that un July 15, 1976~ O. I. C. applied for the funds, and, in order to comply with the request, Council will have to again appropriate the money, and recommending that the matter be referred to the Human Resources Committee for further conslderat~on. (For full text, see report as filed in the City C1erk~s Office.) Mr. Garland moved that the matter be referred to the Human Resources Committee for study, report and recommendation to Council. The motion was seconde~ by Mr. Grove and ttnanimously adopted. LOANS= The Director of F~/~ance s~{tted a written report advising of recent short-termborrowlngs in the amount of $6,000,000.00 negotiated with local banks, that the notes were dated July 20, 1976, andmature June 17, 1977, end listing the interest rates received. (For full text, see report as filed ~n the City Clerk's Office.) Hr. Hubardmoved that tho report bo received and filed. The motion was seconded b~Hrs. Bo~les and unanLmously adopted, BUDGET~ ?he Director of Finance sulmitted a ~rritten report in connectio~ with preparation of a proposal to be used to solicit bids frc~ local banks to consolidat~ the clty*e bunk accounts into a single bank, reccemending that a public hearing be held by Council as a Co~ttee of the ~nole on Tuesday, August 17, 1976, at 2 p,m., in the Civil Defense Rock, and that the local f~nanclal institutions be specifically invited to make their presentations for or against the proposal. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard moved that council concur in the report and that a public ''"hearing be held on Tuesday, August 17, 1976, et 2 p.m. The motion was seconded hyMr. Taubman and unanimuusly adopted. lit. Hubard moved that the Director of Finance, with the assistance of the City Attorney, be requested to complete the revised hid contract during the week of August 9th and furnish copies of the revised document to the members of Council and to interested persons in the banking institutions in order that these individuals will have this information prior to the public hearing on August 17th. The motion was seconded by Mr. Taubman and unanimously adopted. BUDGET-REVENUE SHARING: The Director of Finance submitted a written report transmitting two Ordinances to properly reflect the second qua=terly receipt of Federal Revenue Sharing. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard offered the following emergency Ordinance decreasing Salaries and Wages under Section $1347, 'Fire Department,' by $106,644.00 of the 1976-77 budget: ($23168) AN ORDINANCE to amend and reordaln Section I1347, 'Fire Department,' of the 1976-77 Appropriation Ordinance, and providing for an emergenc~ (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garlund, Grove, Hubard, Thomas and Mayor Taylor .............................. NAYS: None ................................0. Mr. Th~nas offered the following emergency Ordinance transferring $106,644.00 from Revenue Sharing Trust Fund to Salaries and Wages under Section ~1347, 'Fire Department,' of the 1976-77 budget: (123169) AN ORDINANCE to amend end reordain certain sections of the 1976-77 Appropriation Ordinunce, and providing for an emergency. (For full text of ordinance, see Ordinance Bock No. Mr. Thomas ~oved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles end adopted by the following vote: 435 436 Thomas and Hayor Taylor ............................. NA¥S~ None ...............................0. R.I~pONTS OF COHHITTEES~ MUNICIPAL AUDI~R-~CILt The COCCI1 Poll~ Study C~ttee s-~mttted a ~itten re~rt ~s~tt~g s~veral recT~ndations in reg~d to written ~11~ for ~e Office o~ ~e H~lclpal Auditor. (For full text, see report as filed in ~e City Clerk's Office,) ~, ~s ~ved ~at ~e report ~ referred to ~e Audit C~ttee for ~y rec~endations it ~ght care to s~lt ~ at ~t t~e it ~ referred to ~e City Attorney for preparation of ~e pro~r meas~e. The ~tion was seconded by ~. H~ard ~ ~an~usly WA~R DEP~T: The Water Resources C~ttee s~ltte~ a ~ltten re~rt in co~ection wi~ ~e offe= fr~ ~e To~ of Vinton to purchase ~e Falling Creek Water Supply facilities, rec~ending ~at Co~cil not consider sell~g the facilities ~ ~press this decision to Vinton by Resolution, and advising that Hayor G. W. Nicks has been invited to appear ~fore Co~cil on ~is ~tter. (For full t~t, s~e report as filed in ~ City Clerkts Hr. Th~s moved ~at ~u report ~ raceive~ an~ filed, ~e ~otion ~at we are ~out to buil~ two jails ~ we are going to have t~ d~ on Back Creek if we are not careful, a~vising ~at s~e of ~e probl~ in st~ fr~ not using ~ture jud~ent in ~e decisions we ~e. ~yor Nicks ~inted out ~at w~ are reaching ~e point where wa nee~ to ~i~ of ~is valley of water supply b~fore ~e Cocci1 t~es final action. V~ton officials would like to meet with Co~cll to see if there is s~ing ~at c~ be worke~ out wherry Vin~on could at least be a part ~r of ~e water syst~ ~as~ch as it of ~erst~ding. Mr. Tho~s a~vise~ ~at if Hr. H~ar~ would agree, he woul~ be will- ing to wi~aw ~e orlglnal ~tion to which ~. H~ard r~piied ~ ~e affi~tive. by Hrs. B~les an~ ~ously adopted. ~ne Nayor advised that ho will confer with Hayor Nicks and set a meeting at a later date. SEWERS AND STOR~DI~INSl The Water Resources Committee subl~tted a written report advising of a briefing by the administration on the status of the Sewage Treatment Plant eonstr~ction at a ~eeting on AugUst 4, 1976~ and that the administration was instructed to select a date in early Decemberw 1976w for formal dedication of the expanded Plant and advise the Committee of tentative plans for the dedication ceremony. (For full text, see report as filed in the City Clerk's Office.) ~r. ThOmas ~oved that the report b~ received slid filed. The motion was seconded by Mr. Nubard and ~nanLmously adopted. WATER DEPARTMENT= The Water Resources Committee submitted a written report in connection with the status o£ and future actions needed to continue the development of the Back Creek Water Supply. (For full text, see report as filed in the City Clerk's Office.) fir. Thomas moved that the report be received and filed. The ~tion was seconded by Mr. Tauhman and tt~animously adopted. ~FINISHED BUSINESS: NONE. CONSIDERATION OF CLAI/~S: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND R~SOLUTIONS= AIRPORT= Ordinance No. 23155 authorizing the execution of a lease between the City of Roanoke and Emery Air Freight for rental of Bays A, B, C a/Id D in the Air Cargo Building at the Roanoke Municipal Airport, Woodru~ Field, u~on certain terms and conditions, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the followlng for its second reading and final adoption= (%23155) AR ORDINANCE authorizing the execution of a lease between the City of Roanoke and ~ery Air Freightt a corporation~ for rental Of Bays A, B, C and D in the Air Cargo Buildlng at the Roanoke Municipal Airport, Woodrum Field, upon certain tetris and conditions. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconde~ by Mr. Taubman and adopted by the following Vote: AYBS~ Cotuacll members Bowles, Garland, Grove, Hubard, Taubman~ Thc~nas and Mayor Taylor ........................... ?. NAYS: None .............................0. BUDGET-CITY EMPLOYEES= Council having directed the City Attorney to prepare the proper measure appropriating $5,000.00 to Fringe Benefits under Section S1810, 'E~ployee Beneflts,' Of the 1976-?? budget, to provide funds for payment of speclsl leave, Mr, Nubard offered the following emergency Ordinance: (%23170) AR ORDINANCE to a~end and reordain Section 11810, 'Employee Benefits,' Of the I976-?? Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 437 .4~38 N~. Bubard moved t~Le adopt, ion of the Ord~nanceo The ~ ~as seconded by ~. G~ove ~d adopted b~ ~e foll~g vote~ ~s ~d Ha~o~ Ta~lo~ ............................... 7, proof ~asure ch~ging ~e date of ~e ~e~lar meehing o~ Co~c~l on Septet 13~ 1976, to W~esda~, Septet 15, 1976, at ~30 p.m.~ he presented s~l ~hereupon~ ~. Th~s offe~ ~e foll~n~ Resolu2~on= ([23171) A ~SO~ION ch~ing ~e d~te oE a regula~ ~eekl~ o[ ~e Co~c~l of the C~ty of (For full text of Resolu2[on, see Resolu2~on ~ok b~ Hrs. B~les and adopked b~ ~e foll~[n~ vote~ ~d H~or Ta~lo~ .................................... NAYS~ ~one ...............................0. CZ~ ~GZ~ER~ CO~C~i having d~rec~ the City Atto~ey to prepare ~e pro~r measure rec~nizing ~e services of Richard B. ~in as Director of P~lic Works for ~e City of Roanoke, he presented s~; whereu~n, ~. H~ard Offered ~e fo11~ing Resolution= (%23172) A ~SOL~XON r~c~niz[ng ~e ~erv~ces o~ RIC~ (For full t~t of Resolu21on, see Resolution Book No. by ~s. B~les ~d adopted by ~e foll~g vote= ~s ~d Mayor Taylor .............................. ~at Cocci1 direct ~e City ~ager, Perso~el ~ard, City Atto~ey ~d ~y o~ers de~ed necessa~ by ~e ~ree afor~t[oned, to ~r~ng to Co~cil ~ ~ended on Septet 7, 1976. (For full text, see c~catlon as filed ~n ~e City Clerk*s ~. Ta~ advised ~at ~e City M~ager info.ed h~ prior to meeting of ~e various ste~s ~at are necessa~ to be roll.ed before ~e proced~e c~ be presented to the Co~cil in its final fo~ and ~ved ~at ~e City ~ager be inst~cted to r~t~n to Cocci1 on Monday, Sept~er 20, 19~6, wi~ a f~[shed doc~t. The motion was seconded by ~. H~ard ~d ~usly adopted. calls fr~ senior citizens e~ressing apprehension concern~g ~e reappraisal as it will relate to ~e s~ior citizens ~d ~ey w~t to be ass~ed for qualification, and those citizens who have not applied need to be Informed of the proper procedure to be followed in applying for their real estate tax freeze. The Ccaenissioner of the Revenue re¢~uds that an ad be placed in a local newspaper to be ~ two times at a cosh of approximately $200.00. In light of the concern of the senior citizens and the reco~aendation of the Conenissioner of Revenue, Hrs. Bowles moved 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. CO~IlTTEES-TAXESi Mr. Hubard presented a o~unlcation advising that last Monday Council appointed a Blue Ribbon Com~ttee to study the city's financial affairs and administrative structure to assist the city in long-range planning in this area, that it occurs to him that these matters interphase in many ways with the planning performed for the City by our planning Department and Planning Ccamnission and reco~ended that Council add as a/% ex-officio me~ber of the Blue Ribbon Connnittee, the Chairman of the City planning Commission. (For full text, see cc~munication as filed in the City Clerk's Office.) Mr. Hubard ~oved that the Chairman of the City Plaruli~g Co~Imisslon he appointed as an ex-officio member of the Cltlzens~ Blue Rlbben Long Range PlaDning and Goal Setting Com~nittee. The motion was seconded by Mrs. Bowies a~d unanimously adopted. CO~4I%'l',!E5= Council having previously agreed to appoint two members each to the Citizens~ Blue Ribbon Long Range Plaraling and Goal Setting Committee, and at the last regular meeting of Council Mr. Ts~Bm~n appointed one member ~_nd requested the liberty of su~mltting an additional name at this meeting, Hr. Taubman appointed Mr. James B. Lee. Council having prevlously appointed Mr. W. Bolllng Izard as Chair~lan of the cc~nmittee, Mr. Taubman brought to the atte~tlon of Council the need to appoint a Co-Chairman because Hr. Izard advises that due to the nature of his work he is out of the city to some extent and he would not want to hamper the work of the c~mmlttee because of his absence. It was generally agreed that Mr. Tat~man would place this ~atter on the next agenda of Council on Monday, August 16, 1976, for appropriate action. Mr. Eubard made reference to a communication from Mrs. English Showalter calllng to the attention of Council that a woman was not appointed to this committe~ and sub~litting the names of several women which she felt would be qualified to serve. Mr. Httbard suggested that this ~tter be placed on the next agenda of Council with the request that the Mayor appoint a wo~a~ as a member of the Blue Ribbon Committee. FAIR EHPLOYMENT: The Mayor advised that there is a vacancy on the Fair Employment Practices Conunittee created by the resignation of Mr. Joseph M. Wars for a one year term ending June 30, 1977, and called for nominations to fill the vacancy. Mr. Garland placed in nomination the name of Mr. Theron C. Garst. 4'39 440 There being no further new'nations, Mr. Garst was appointed as a member of the Fair Employment Practices C~lttee for a one year te~ ending J~e 30, 19~7, by ~e foll~ng vote~ FOR ~. ~T~ Co~cll ~ers ~les~ Garl~d, Grove, H~ard~ Ta~b~n, Th~s ~d ~or Taylor ........................... 7. LIB~IES~ The ~yor advised ~a2 ~ere ~s a vac~ on P~i~c Libra~ ~ due to ~e res~gnation of ~s. El~z~e~ T. B~les for a te~ ending J~e 30, 1978, ~d called for n~nations to fill ~e vacant. ~. Grove placed In n~nat~on ~e n~ of ~s. Charlotte W. S~dy. There ~ng no f~er n~nations, Hrs. Sandy was ap~inted as a of ~e Ro~oke P~l~c L~bra~ ~ard to fill ~e ~e~red te~ of ~s. Eliz~ T. ~les for a te~ ending J~e 30, 19~8, by ~e foll~g voter FOR ~. S~DYt Co,ell m~ers ~wles~ Garland, Grove~ H~ard, Tarn, Th~s ~d Hayor Taylor ............................ H~ DEP~T~t The Mayo= calle~ to ~e attention of Co~c~ ~at ~ere ~s a vac~cy on ~e Housing and Hygiene ~ard created by the res[~at~or of Dr. Ro~rt F. Bondurant for a te~ of ~o years ending January 31, ~d called for n~nations to fill ~e vac~. Hr. ~ard placed in nomination ~e n~ of ~. Earl B. Pullen. There being no further n~nations, ~. Pullen was ap~lnted as a m~er of the ~o~s~ng and Hygiene ~oaru for a tur~ of two ye~s ~nd~ng J~ua~ 31, 1978, by ~e foll~[ng vote= FOR ~. PU~= Co~cil m~ers B~les, Garl~d~ Grove, H~ard, Ta~, Th~s and Mayor Taylor ....................... HUS~= Wi~ reference to ~e Muse~ Adviso~ C~ttee, Tarn presented a c~cation from Hr. ~ack H. ~yk~ntz, Ro~oke Valley Char of C~erce, adv[sing ~at ~nitially ~s co--tree was appointed to se~e as l~a~son between ~e c~ty ~d ~e Science Muse~ of V~rginia which ~tic~pat~d establishing a western brach for which ~e c~ty had offered a site on Yellow Mo~tain Road, that last ~ear, ~e G~eral Ass~ly, ~n its appropriation to the State Muse~, specified ~t should conc~trate a~one on a central muse~ location in Ric~ond, ~at in lieu of recognizing Ro~ok~ as a ~it of state, the General Ass~y appropr~at~ $25~000.00 for ~e b[e~i~, directly to ~e local Science Muse~ Association of ~e Ro~oke Valley, which ~n has be~n dealing independent wi~ Cocci[ ~d, consequently, it ~s his opinion ~at ~ere is presently no need for ~ Adv[so~ C~ttee, particularly s~ce ~ere is only a s~gle agency involved in ~e muse~ progr~. (For full text, see c~[cat[on as filed ~n ~e C~ty Clerk's Office.) Hr. Ta~ ~ved, ~n view of ~e co~ication from ~. ~yk~ntz, ~at ~ Muse~ Adviso~ c~ttee ~ ~olished. The motion was seconded by ~. Th~s ~d ~an~ously adopted. SCHWa: The Mayor advised ~at ~ere is a vac~ on ~e V~rginia Weste~ Co~ity College ~d created by ~e d~a~ of ~. Shields Jonson for a te~ ending J~ 30, 1978, ~d calle~ for n~nations to f~l ~e vacua. A~TEST: Mr. Tauk~nan placed ~n nomination the name of Mr. Maury ~.. Strauss. There being no further n~mlna~lons, Mr. Strauss was ap~ointed as a member of the Virginia Western Cce~unity College Board to fill the unexpired term of Hr. Shields Johnson ending June 30, 1978, by the following vote~ FOR MR. STPAUSS~ Council m~mbere Sowles, Garlendf Grovel Hubard, Te-~n, Thomas and Mayor Taylor ....................... 7. SCHOOLS~ The City Clerk reported that Miss Lella A. Stalker, Hessrs. Max A. Serman and Lewis M. Nelson, Jr., have qualified as members of the Roanoke City School Board for terms of three years each ending June 30~ 1979. Mr. Thc~as moved that the report be received and filed, The motion was seconded by Hr. Subard and unanimously adnpted. COUNCIL: The City Manager advised that earlier in the meeting he submitted a report which he amended to request an Executive Session with Council to discuss a ~atter of litigation only~ however, it is possible that Council might also wish to discuss a matter of personnel. Mr. Hubard moved, pursuant to the remarks of the City Manager, that Council meet in Executive Session to discuss a matter Of personnel as well as litigation. The motion was seconded by Hr. Taubman and adopted by the follow- ing vote: AYES: Council members Eowlea, Garland, Grove, Hubard~ Taubman, Thomas and ~ayor Taylor ............................ NAYS: None ..............................0. OTHER HEARINGS OF CITIZENS: NONE. At this point, the Mayor recessed the meeting. At 5:30 p,m., the Council reconvened with the Mayor presiding and all Council members present. Hr. Nubard advised that the City Manager has informed Council that he has been served in the suit of Donald W. Graham versus Byron E. Hurter and moved that the City Manager be authorized to retain legal counsel to defend h/mself to be funded out of the $5,000.00 previously appropriated by Council by Ordinance No. 23138 adopted on July 26, 1976. The motion was seconded by Hr. Grove and ~animously adopted. CITY EMPLOYEES= The City ~/a~ager advised that Mr. McGhee has been in contact with the ~_mbers of the Personnel Board and as a result of discus- sions with them, it is his intention to reinstate Hr. Edward R. Tucker in his prior position as a Planning Technician in the City planning Department, effective i~nedlately with back pay, however, making adjustments for vacation pay, etc. which has already been paid to him. Hr. Thomas moved that Council concur in the recommendation of the City Hanager. The motion was seconded by Hr. Taub~a~ and unan/~nously adopted. Hr. Hubard noted that although Council made a formal motion concurring in the City }~anager~s action, the City Manager does not need the concurrence of Council to do this. There being no £~rther buslne~s, the Hayor declared the meeting adjourned APPROVED COUNCIL, R~GULAR /~'NGt Hon~ay, August 16, 1976. The Council o£ the City of Roanoke met: in regular meeting in the Council Chmnber in the Nunicipal Buildingw City o£ Roanoke, at 2 p,m. m the regular meeting hour, with Mayor Noel C. Taylor presiding. pRESENTI Council members Robert A. Garland, Lucian Y. Grovew William S. Hubard, Nicholas F. Ta-~,~n, Hampton W. Th0~as and Mayor Noel C. Taylor ..........................................................6. ABSENTs Councli meI~ber Elizabeth T. ~owles ........... 1. OFFICERS PRESENT: Mr. Byron E. Haner, City Managerl Mr. Sam H. HcGhee, III, Assistant City ~anager~ Mr. James N. Kincanon~ City Attorneyl Mr. James E. Buchholtz, Assistant City Attorney~ Mr. A. N. Gibsont Director of Finance~ and Mrs, Mary F. Parker, City Clerk. INVOCATION: The meeting was o~ened with a prayer by the Reverend John W. Fox, Pastor, Belmont Baptist Church. HEARING OF CITIZENS UPON PUBLIC ~ATTERS: NONE. PETITIONS A.ND COMMUNICATIONS: SCHOOLS: A cc~munication from the Roanoke City School ~oard request- ing that Council appropriate $20,240.00 to Accotult t15164, ~choola - Library Materials, Title IV, Part B," 100 p~r cant of actual ~x~nditures to be rei~bursed by State Department of Education funds, was b~fore Council. (For full t~xt, see cc~munioatlon as filed in the City Clerk's Office.} Mr. Garland offered the following e~ergency Ordinance appropriating the requested funds= (%23173} AN ORDINANCE to a~end and reordaln S~ction %15164~ ~Schools - Title IV, Part B,' of the 19~6-77 Appropriation Ordinance, and providing for an emergency. {For full text of Ordina~ce, see ordinance Book No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Councll members Garland, Grove, Hubard, Tauhman, Thomas and Mayor Taylor ..............................................6. NAYSI None ......................................... 0. (Mrs. Bowles absent} SEWEP~ AND STORM DRAINS-WATER DEPARTHENT-ANNEXATION= A communication from }ir. James J. Richardson advising that on July 15, 1976, he wrote to Council concernin~ a large bill he received from the Roanoke County Publlc Service Authority and advised that he was looking to the city to take care of the bill, that since this letter was written the Public Service Authority has summonsed him to appear on August 18th in General District Court, end petition- lng, on behalf of hilaself and all other similarly situated anllexed city citizens, that the City Council direct one of its City Attorneys to appear with him in General District Court on August 1Sth and insist that the Court postpone action on the cla~m of the Authority against hlmuntl! the lssuea ~nvolved in his defense agalnst the Authorltyte claims are adjudicated by the local U. So DIstrict Court, was before Council. (For full text, see ccmnunication as filed ~n the City Clerkte Office.) ~r. Grove moved that the City Attorney be instructed to appear in General District Court on Wednesday, August 18th on behalf of H~o Richardson end o~her s~nllarly situated annexed residents as a friend oE the cou~t end request that any action on the matter be Postponed until the case pending in federal cou~t has been resolved. The motion was seconded by ~Lro Garland end unanimously adopted. M~. Hubardmade reference to a ccmnunication from Dr. J. Carl Poindexter relative to litigation in the federal court, making a plea that the city assist in the redrafting of the papers in the court according to the request of Judge Turk so they will be in a briefer and more cogent form and moved that the City Attorney*s office be instructed to assist in meeting the current orde of the federal court. The motion was seconded by Hr. The City Attorney advised of conferences that have been held in connectio with the case and that another conference is scheduled for Tuesday, August 17th in which his office is trying to advise and assist the citizens, but it does not formally represent the opposing parties. Hr. Hubard requested that the motion be changed to state that it is the intent of Council that the City Attorney*s Office do all it reasonably can to assist in the interest of the Roanoke citizens who are a party to the pend- ing federal sewer suit. The motion was seconded by Hr. Taubman and anenfmously adopted. WATER DEPARTMENT-ANNEXATION: A c~u~ication froraHr. Wlllia~ T. Ross relative to water rates and services to the annexed areas, advising that Coencil should take pr~pt action to inspire that its interest and that of lts citizens is properly protected in the pending court action, and also it should assure its citizens that they will be made whole on the difference they are now paying for water and sewer service, was before Council. (For full text, see co~nu~icatlon as filed in the City Clerk*s Office.} In view of the above motion Of Hr. Hubard, plus other thlngs the city has ~ndertaken to do, Mr. Taubman moved that the communication be received and filed. The motion was seconded by Hr. Grove and una~/mously adopted. PENSIONS-CITY EH~LOYEE$: A covu~unicatlon frc~nMr. Donald W. Graham advising that those employees who werelaid off for budgetary reasons and have requested the return of their personal contributions from the Employees' Retirement System have received only one-half of the interest ~mount, only two per cent of the amoent earned, and realizing that the employees left the city without choice or prejudice, he is requesting that Council refer this matter to the Board of Trustees, Employees~ Retirement System, and advise the Board that laid off employees dese~-ve full available benefits, was before the body. {For full text, see c~mnunication as filed in the City Clerk*s Office.) 44.3 444 ~o Thomas moved 'chat t~e camunicatlon be reEerred to the Board of T~s~ees, ~ployees* Re~lg~C SysCo, fo~ s~ud~ ~e~ ~d ~ec~nda~on ~o Co~cil. ~e ~lon ~as seconded b~ ~. Garl~d. The Director o~ F~ce called att~t~on to T~tle 3~ Chapter 1~ Secbion 7, S~sect~ 9(b) of ~e C~e o~ ~e C~t~ o~ P~oke, 1956~ as ~ded, ~hich or ~et~r~nb ~der this chapter~ he shall ~ pa~d on d~d ~e s~oE his contg~utions t~e~er ~1~ such tnte~esb ~e~eon nob less ~ one-halE acc~ula2ed ~eGular ~ntegesb ~egeon~ as ~e ~a~d shall Based u~n ~e a~e ~fo~lon, ~. Th~s ~ved ~a~ 2he c~[cak~o~ ~ ~ece~ved and ~. Grah~ advis~ ~at ~ls is the first t~e to his ~ledge City of Roanoke has had lay offs and according to ~e news media It affects s~e nine people wi~ ~eir Eut~e s~ewhat ~certain, ~at ~ere ~y be t~es in ~e future when lay offs are ~ecassa~ for econ~ic reasons ~d ~e Co.oil should address itself to ~e question of whe~er ~ese ~ople, in consideration of econ~ic lay offs, should ~ considered in ~e s~e light as those who quit ~e city or leave o~ their o~ volition. He is requesting ~at Co~cil refer ~is ~tter to ~e Board o[ Trustees, ~ployees~ Retir~ent Syst~, wi~ re.est ~at ~e Board ~end ~e City C~e to pe~t ~ployees who were laid off on J~e 18 for economic reasons and future ~ployees who ~y be laid ore for ~e s~e reason be paid full avail~le benefits, keeping in mind ~at ~ployees who quit or are dismissed be kept at the 2% off ~o~t ea~ed. ~. Th~s moved ~at ~e c~ication along wi~ Title 3, Chapter 1, Section ~, S~section 9(b) of ~e City C~e ~ referred to ~ Board of T~stees, ~ployees~ Retir~ent Syst~, for study, report ~d reco~endation to Co.cji as to whe~er or not any ch~g~s should be ~de. ~e motion was seconded by ~. Garland and adopted. S~ETS ~YS: ~ application fr~. J~es ~. ~er~ Jr., Attorney, representing the City of Roanoke Redevelopment and Housing Au~ority, re~esting ~at certain streets and alleys~ ~d ~rtlons of certain streets ~d alleys, l~ated wi~in or bordering upon Section 4, Gainsboro Neig~orh~ Development Progr~, be vacated, discontinued and closed, was before Co~cil. (For full text, see application as filed in ~e City Clerk's Office.] ~. H~ard offered ~e fo11~in9 Resolution appoint~g viewer~ connection wi~ the request= (~231~4) A ~SO~TION providing for ~e a~po~nt of five free- holders, ~y ~ee of wh~y act, as viewers ~ co~ection wi~ ~e applica- tion of ~e City of Ro~oke Redevelo~t and Housing Au~ority to pe~ently vacate, discontinue and close certain streets ~d alleys, ~d portions of certain streets and alleys, l~ated wi~in or bordering upon Section 4, Galnsboro Neig~or- h~ Develo~ent Pr~r~ (hereinafter called 'Ga~sboro'}, said streets alleys, ~d street ~d alley portions, being sh~ on.ps on file in ~e Office of ~e Clerk of ~e City of Roanoke; an~ referr~g ~e proposal to ~e City Pl~g C~ission for study and rec~ndation. (For full text of Resolution, see Resolution Book No. H~. Hubard~oyed the adoption o£ the Resolution. The ~otion was seconded by ! tr. Garland and adopted by the following vote= AYES~ council members Garland~ Grove~ Hubard, Ta.h~n~ ThOmas and Mayor Taylor ..................................... 6. NAYS= None ............................0. (Hrs. Bowles absent) Mr. Hubard moved that the application be referred to the City Planning Commission for study, re~ort and ree~mnendation to Counuil. The motion was seconded by Hr. Garland and adopted. ~EPORTS OF OFFICERS~ GRANTS-PLANNING= Thu City Hanagur s~bmitted a written re~ort advising that Co~lcil was notified Of the tentative allocation of $45~000.00 by the Department of Housing and Urban Development for the city's 1976-77 program year under the ?01 Planning Assistance Grant, the city has now received the for- mai gra~t documents amd requesting tho adoption of fha appropriate Ordinance accepting the grant and agreeing to the special ter~ and conditions. (For full text, see report as filed in the City Clerk's Office.) Mr. Tauhman offered the following Resolution authorizing the acceptance of tho grant= (%23175) A RESOLUTION authorizing accepts_nee of a curtain compre- hensive plan~i~g asslstailcu grant award in tho a~o~lt of $45,000.00, made to the City by the United States of A~erica, Department of Housing and Urban Development fur Grant Award No. CTP-VA-03-00-1069 for fends to complete a com- prehensive plan for the City of Roanoke and to continue a management department, the Department Of programs Develo~ent, and authorizing the City Hanager end the Director of Finance to execute a payment voucher on a Letter of Credit as specified in Part I of the aforesaid grant award, and approving, by reference, certain terms and conditions sst out in Part IV of the aforesaid grant award. (For full text of Resolution, see Resolution Book No. . Hr. Taubman moved the adoption of tho Rasolutlon. The motion was seconded by Hr. Grove and adopted by the followlng vote: AYES= Co~u%cil members Garland, Grove, Hubard, Taubmml, Thomas and Mayor Taylor ................................ 6. NAYS= None ........................... 0. {Hrs. Bowles absent) BUDGET-LIBRARIES= ~The City Manager sub~aitted a written report advis- ing of grants-in-aid to the Roanoke Public Library in the amount of $51,317.00 from State Aid to Pablic Libraries and $21,022.00 from Federal Aid to Public Libraries, and recommending that appropriations be made to properly reflect these funds. {For full text, see report as filed in the City Clerk*s Office.) Hr. Taubma~ offered thefollowlng emergency Ordinance appropriating a tota! of $21,022.00 to Materials and Supplies, Travel and Education and Capital Outlay under Section %1480, 'Libraries,' of the 1976-77 budget: -445 446 (%23L76) AN ORDIHAHCE to anend an(I reordain Section J1480~ 'Libraries,~ o~ the ,1976-77 Appropriat:/.on Ordinances, and provld/ng .for an (For full text of Ordinance, see Ordinance Book NO. Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hro Hubard and adopted by the following vote; and Hayor Taylor .................................. 6°' NAYS; None .............................0. (Hrs. Bo~lea absent) BUDGET-LIBRARIES; The City Manager submitted a wrltten report in Lewis, advising that contingent upon Council's approval of the grant expendi- tures and their appropriation to the library~s education acceuntw and State Library approvalw a scholarship amounting to $4,800.00 will be awarded to Mrs. ~ewts, also, financial aid for tuition has been granted from the State Council on Higher Education amounting to $1,500.00~ that it is the intent of the Library Board that the library grant funds would serve the purpose of compensation in lieu of the one-half salary payments by the city and thus, allow the funds in the Library budget salary account to be used to e-mploy a substitute for Mrs. Lewis, proposing that the agreement with the city granting leaye for educational the responsibility to pay to the city the necessary mounts to maintain her fringe benefits. (For full text, see report as filed in the City Clerk's Office.} Mr. Hubard offered the following emergency Ordinance authorizing (%23177) AN ORDINANCE authorizing ~mend~ent of the City's agreement poses to relieve the city frc~ its obligation to compensate Demetria Lewis for fifty-percent (50%) of her salary while on said leave Of absence; and providing seconded by Mr. Thomas and adopted by the followinq vote: and Mayor Taylor .................................6. NAYS: None ............................ 0. (Mrs. Bowles absent) Technician, retroactive to June 18, 1976, reql/esting that $12,246.00 be appropria- ted to the Engineering, Building and Planning Department Personnel Account and an additional $2,450.00 to the E~ployee Benefit Accolmt, and further request- ing that the personnel slots cut by the adoption of the 1976-77 budget be reduced fr~n 53 to 52. {For full text, see report as filed in the City Clerk's Office.) I Hr. Ts-~n offered the following emergency Ordinance appropriating the requested funds: (J23178) AN ORDINANCE to a~e~ld end reordain Section J1248, 'Engineer- lng, Buildings and Plannlng,' and Section ~l$10t 'Enlployee l~nefits,s of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Taubman, ThOmas and Hayer Taylor .................................. 6. NAYS: None .......................... 0. (Hrs. Bowles absent} HOUSING-SLUM CLEARAnCE-GRANTS: Tho City Hanagur submitted a written report transmitting copy of the proposed contract for services by and between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority which is necessary to define the services which are to be provided to the City of Roanoke by the Housing Authority in order to carry out program activities identified in the 1976-?? Community Development Grant Prograla and requesting authorization to execute the contract on behalf of the City of Roanoke. (For full text, see report as filed in the City Clerk's Office.) Hr. Taubman offered the following emergency Ordinance authorizing execution of the agreemant: (%23179) AN ORDINANCE authorizing ~xecution of a written agreement with the City of Roanoke Redevelotxnent and Housing Au~-hority relating to the performance of certain Con~aunity Development program activities undertaken by the City in its application/Grant NO. H-76-HC-51-0020 under the Community Devel- opment Act~ and providing for an emergency. (For full t~xt of Ordinance, see Ordinance Book Ho. Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council me~nbers Garland, Grove, Hubard, Taubma~, Thc~nas and Mayor Taylor .................................... 6. NAYS= None ............................ 0. {Hrs. Bowles absent) EQUIPHENT= The City Hanager submitted a written report advising that a 1975 Brockway with front loading refuse body was heavily damaged by fire on August 5th while located at the landfill and advising of a proposed course of action to be followed for replacement of the equipment. (For full text, see report as filed in the City Clerk's Office.) Hr. Thcsuas moved that Council concur in the reco~mendatlon of the City Manager. The motion was seconded by Hr. TaUb~an and adopted. WATER DEPARTMENT-FIRE DEPARTHENT= The City Hanager submitted a written report advising that the local Marine Reserve Unit has completed the project of building a road in the Carvins Cove Watershed from the Tinker Tunnel Exit to the end of the cemetary road, that this road is for fire protection and other administrative uses and will not be open to the public and appreciation should be expressed to the local Marine Reserve Unit for the fine job they did for the city. 44'7 ','448 (For full text, see report as £11ed in the City Clerk's Office.) Mr. Hubard moved that the matter be referred to the City Attorney for preparation of the proper measure of appreciation. The motion was seconded by~r. Garland and adopted. TAXX CABS: The Clty Nanager su/umitted a writtezl report advising that Council previously increased the city fee for new taxi driver permits from $5.00 to $25.00, that it has cc~ne to the attention o£ the administration that the State of Virginia requires that individuals desiring to obtain a chauf- feurs* license must obtain that license for two years at a cost of $12.00 and must in addition provide two pictures which generally costs another $2.00, that these costs which total ~$9.00 have had the effect of discouraging people from obtaining permits to drive taxis and the number of taxi drivers has dwindled to a point where the taxi fl~ms are encountering difficulty obtaining enough drivers to ~rform the desired services, that it would appear because of the increase in licensing fees, the city is losing revenues normally received by the cab companies and rec~ending that Council reduce the city's fee for permits for taxi drivers from the current $25.00 to the former $5,00 fee. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland moved that the l~atter he referred to the City AttozTley for preparation of the proper measure ad~usting the permit fee downward, as recon~ended by the City Manager. The ~otion was seconded by rtr. Hubard and adopted. AUDITORIU~-COLISEUHt The City Manager submitted a written report advising that Council adopted Ordinance No. 23022 which extea~ded the lease and concession agreement with American Motor Inns, Incorporated, through July 31, 1979, and increased the percealtages to be paid to the city by Alii, that th~ city is in receipt of a cov~nlcation fro~ AMI requesting ~-hat Section 2 (a) of the Ordinance be a~ended to delete the word =telephone~, and recommend- ing that Ordinance No. 23022 be a~ended accordingly based on the fact that AMI does provide and pay for its owll telephone service at the Civic Center. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland moved that the ~atter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Hubard and adopted. SEWERS A~D STOPJ! DRAINS= The City Manager submitted a written report advising that by Ordinance NO. 21897 Council authorized the execution of a llcense agreement with the Norfolk and Western Railway Company providing the citywith the right to construct, maintain, end Operate the Whitmore Avenue Storm Drain under end across N & W Railway Company property, that once an alternate was determined for the construction as presented to Council on AugUet 2, application was made for an amendment to the agreement, that approval has been given by N & W and rec~ending that Council approve the proper measure authorizing execution of the ~mendme~t to Agreement A51053 between the city slid N & W Railway C(xnpany. (For full text, see report as filed in the City Clerkts Office.) ~' '"449 }ir, Th~s offered the follc~[~ Resoluhion authorisin~ the a~.udme~t to ~e agre~nt~ (~2~180) A ~SO~ION au~or~z~g accept~ce ~d ~ecution o~ ~ ~n~nt to ~e ~itten license agre~t w[~ Norfo~ ~d Western ~[lway C~y prov[d~g a right to ~e city to const~ct~ ~[n~ and o~rate a certa~ ~dergro~d store water dra~ ~der ~d across said C~y~s pro~rty as heretofore provided by Ord[n~ce No. ~For full text of aesolut[on, see aesoluttoa ~k ~. ~s ~ved ~e adoption of ~e Resolut[~. The ~t~on was seceded by ~. Grove ~d adopted by ~e roll.lng voter AYESt Co.cji ~ers Garland, Grove~ H~ard~ Ta~ Th~s and Mayor Taylor ..................................... 6. ~YS~ None ............................ 0. (~s. B~les ~sent) CI~ ~Y~S= ~e City ~ager s~itted a written re~rt tr~it- ting ~ Ordinance ~end[ng Ordinance No. 22334 which provides for pa~ent acc~ulated s~cial leave to all city ~ployees te~nated or d[~ssed, retroactive to July [, 19~6~ and app[ic~le to ~ose ~loyees te~ated on J~e 18~ 1976. (For full text, see re~rt as f~led in ~e City Clerk's Office.) ~. Tau~ stated that ~e wording in ~e ordinance is obscure and leaves questions in his mind, ~at he does not ~[nk it would be clear to the ~ployees in ~e future who ~ght be a[fected by it ~d moved ~at ~e Ordinate be referred hack to the City ~ag~r fur ~e p~se of clarification of wording ~d polio. ~e motion was seconded by ~. Rubard ~d adopted. ~. H~ard advised ~at he would like to see ~e City ~nager monitor ~e pr~r~ d~[ng ~e year ~d give Cocci1 a re~rt as to h~ it is workin~ ~d whe~er he would rec~d ~at it be continued as is or Question was raised as to com~nsato~ t~ ~d when ~e City ~t~ds to bring a report to Co~cil in co~ect~on ~erewi~= whereu~n, the City M~ager advised ~t ~[s ts one of ~e ~tters ~at wall be addressed ~ ~e new ~ployee han~ok which will c~e to Co~c[1 for review ~d input. in order to give ~dance to ~e C~ty Manager as to ~e of Co.oil, ~. Th~s moved ~at c~pensato~ t~e be acc~ula[ed ~d t~ up to a date to ~ des[~at~ by the City ~ager ~d after such ~ate c~pensato~ t~ not be a poli~ of ~e City of Ro~oke as far as ~loyees of ~e usual categories receiving it a~e concerned, begi~[ng wi~ and above a sala~ grade to be rec~ended by ~e City ~ager. The motion was seconded by ~. Ta~ ~d adopted. ST~TS ~D ~YS: The City ~nager s~tted a ~itten report est~[~shing ~d recording a poli~ regarding ~e cons~ct[on ~d ~[nten~ce of driveway entr~ces on ~isting city street rights of way. (For full t~t, see report as filed in ~e City Clerk's ~. H~ard moved that Co~c[1 conc~ in ~e report ~d refer it to ~e City Atto~ey for prep~ation of ~e proper meas~e. The mot[on was seconded by Mr. ~s ~d adopted. ~450 AUDITOBIUH~COLISSUHt The City Hansger submitted a written report relative to a Resolution from the Roanoke civic Canter and Stadium Advieor~ C~mnission to institute a professionally accepted practice of ticket management at the Civic Center and urging the City Hanager to approve the pro~edure as a prerogative and discretionary power of the Civic Center Manager, advising that he concurs with the thoughts expressed in the Resolution and the Acting Manager of the Civic Center will be asked to survey surrounding civic centers for copies of their policies in this matter and to prepare a policy for the City of Roanoke. (For full text, see report as filed in the City Clerk's Office.) Hr. Garland moved that the report be received and filed. The motion was seconded by Mr. Hubard and adopted. C & P TELEPHONE COHPARY-EASEHENTS: The City Hanager sukx~ltted a written report recommending that Council authorize an easement to the Chesapeake & Potomac Telephone Company, in the amount of $1.00, to provide telephone service for the city's facilities on Hill Hountain as well as other customers. (For full text, see report as filed in the City Clerk's Office.) Hr. Garland moved that the matter be referred to the City Attorney for preparation Of the proper measure. The motion was seconded by Hr. Grove and adopted. GRANTS-SWIMMING pOOLS: The City Manager submitted a written report recon=nending that he be authorized to issue Change Order No. 2 to the contract with Days Construction C~any, Incorporated, In the a~ou~t of $39,011.20 to cover the cost of certain additional work for the construction of the municipal swimming pools which will provide for removal of unsuitable material at the swimming pool sites and for fill material and additional excavation work by adding 30 additional calendar days to the work time provided in the contract. (For full text, see report as filed in the City Clerk's Office.) Hr. Bubard offered the following emergency Ordinance authorizing the issuance of the change order: (%23181) AN ORDINANCE authorizing the issuance of Change order No. 2 to the City's contract with Days Constr~ction Company, Inc., authorized by Ordinance No. 2Z532, for construction of two manictpal sw;~{~g pools in the city, upon certain terms and conditions; by providing for removal of unsuitable material at the swlm~{ng pool sites; providing for fill ~aterial and additional excavation work; by adding thirty (30) additional calendar days to the working time provided in the aforesaid contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Garland, Grove, Nubard, Taubman, Thomas and ~hay or Taylor ..................................... 6. NAYS: None ............................0. (Hrs. Bowles absent) WATER DEPARTNENT= The City Hanager submitted a w~itten report recamending that Council au~horize the City Hanager to execute change Order No. 1 to the contract with Hodges Lumber Companyt lncorporatedt for construction of the Peak~ood Rese~voir, in the amount of $477.00~ for a discha~ge line and an additional 41 days for co~pletion of the project. (For full text, see report as filed in the City Clerk's Office.) Hr. Hubard offered the following emergency Ordinance authorizing issuance of the change (J23182) A~ OP~IHA~CB authorizing the issuance of Change Order Ho. 1 to the Cltyte contract with Hodgea Lumber Company, Inc., authorized by Ordinance No. 22589~ to provide for a discha~ge line for the Peakwood Drive reservoir to convert said rese~voir to a flo~ through facilityl upon certain te~ms and conditional adding forty-one (41) additional calendar days to the working time provided in the aforesaid contrectl and providing for an emergency. (For full text of ordinance, see Ordinance Book No. Hr. Hubard moved the adoption of the Ordinance. The motion Was seconded by Hr. Thomas and adopted by the following vote: Mayor Taylor ........................................ HAYS: Hone ...............................0. (Hrs. Bowles absent) PARKING GARAGE~ The City Hanager sub~itted a written report ing authorization to execute Change Order No. 3 to the contract with Pebble Building Company relative to its const~uction o£ the Municipal Parking Garage, to provide for alterations to the parking garage as requested by United Virginia Bank to acco~nodate floor drains a~d rain g~tters fro~ the Bank's pedestria~ bridge across First Streetf in the a~ount of $290.00, with said funds being fully refundable to the city by United Virginia Bank. {For full text, see report as-filed in the City Clerk's Office.) Mr. Nubard offered the following emergency Ordinance approving the issuance of the change order= (%23183) AN ORDINANCE approving lssua~ce of Change Order No. 3 to the city's contract with Pebble Building Company for constr~ction of the city's new municipal parking garage on Church Avenue, S. W., to provide for storm drains and rain gutters to accommodate the United Virginia Bank of Hoanoke~s proposed pedestr£en bridge across First Street, S. W.~ providing for reimburse- ment to the City by the United Virginia Bank of Roanoke for the increased costs necessitated by said change order~ and providing for an ~mergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubma~ and adopted by the following vote= AYES= Council members Garland, Grove, H~bard, Tauhman~ Thomas Mayor Taylor ................................... 6. NAYS= None ..........................0. (Mrs. Bowles absent) 451 452 POLIC~- DEPAR~V~NT~ The City Manager submitted a written report concurring in a recc~endation of the Bid C~-~,~%tee that the bid of Butter- field's Harley-Davidson, Incorporatedw to furnish three police motorcycles at a unit price of $3~91g,41 for a tot~al o£ $11,755.23 be accepted. (For full text, see report as filed in the City Clerk's Office.) Hr. Hubard moved that Council concur ~n the report and that the matter be referred to the City Attorney for preparation of tho proper measure. Tho motion was seconded by Hr. Grove and adopted. AI~ORY-STADIUH~ The City Hanager sut~ltted a written report concurr- ing in a recc~mendation of the Bid C~-~ttee that the bid of stone*s, in the amount of $20.00 per month, or 33 per cent of al1 gross sales, whichever is the larger, for operating concessions during events at the National Guard Armory, Roanoke Municipal (Victory) Stadium, end Athletic Grounds at Haher Field, be accepted, for the period beginning September 1~ 1976, and ending December 31, 1977, with the option to renew for two additions! years. (For full text, see report as filed in the City Clerk*s office.) Hr. Taul~an moved that the following Ordinance be placed upon its first reading= (%23184) AN ORDINANCE awarding certain concession privileges to be exercised at Roanoke Municipal (Victory) Stadium, the National Guard Armory and the Athletic Grounds in Haher Field, upon certain terms and provisions, on the basis of a certain bid made therefor; directing the execution of a requisite con- tract~ end roject/ng the other bid made for the ~ward of said privileges. {For ful! text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES= Co~ncll members Garland, Grove, Hubard, Ts-_~m~-, Thomas and ~ayor Taylor .................................... 6. NAYS= None ........................... 0. (Mrs. Bowles absent) C~TY PROPERTY= The City Manager submitted a written report concurring in a recom~ue~datlon of the Bid Committee that the proposal of J. G. Sheets & Sons, Incorporated, in the amount of six per cent cf gross sales, for conduct- ing a public auction sale of surplus tangible personal property owned by the City of Roanoke on Saturday, Sept~nber 18, 19~6, be accepted. (For full text, see report as filed in the City Clerk's Office.) Mr. H~bard offered the following emergency Ordinnnce accepting the proposal of J. G. Sheets & Sons, Incorporated= {%23185) AN ORDINANCE authorizing sale at public auction of certain surplus tangible personal property owned by the city but not needed for any public purpose or user directing that such sales made at auction be absolute and not subject to confirmation of price by later action of the Council~ autho- rizing ac=eptance of the proposal for the services of an auctioneer for the aforesaid purpose, and rejecting a certain other propose! made therefor~ and ~roviding for a~ e~ergency. (For full text Of Ordinance, see Ordinance Book No. Nrc Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the follmein~ votez AYES~ Co~cil ~m~ers Garland~ Grove~ Hubard~ Ta~hm~n~ Thomas and Nayor Taylor .................................. 6. NAYS~ None .............................. 0. (Hrs. Bowles absent} ELECTIONS-DIP~CTOR OF FINANCE-TREASUI~ER-COM}ilSSIONER OF REVENUE~ The City Attorney submitted a written report relative to Ordinance No. 23131 providing for a referendum election in the City of Roanoke on November 2, 1976, to determine whether the qualified voters of the city approve amendments to the Roanoke Charter of 1952, as amended, to become effective January 1, 1978, so as to abolish the offices of tho City Treasurer and Commissioner of Revenue and to transfer the duties of those offices~ as they pertain to the revenues of the clty~ to the office of the Director of Flnance~ transmitting an amended Ordinance which would direct officers of election to transmit ballots to the Clerk of tho Circuit Court instead of to the City Clerk as provided in the former Ordinance. (For full text, see report as filed in the City Clerk's Office.} Mr. Takl~man offered tho following emergency Ordinance amending Ordinance No. 23131: {t23186} AN ORDINARCE a~ending and reordaining Ordinanco No. 23131 aaoptoa august z, i~TU, uirecci~lg anu proviUing for t~le no~Uing of an electioa in the City of Roanoke, Virginia, on the 2nd day of November, 1976, to deter- mine whether the qualified voters of the City of Roanoke approve amendments to the Roanoke Charter of 1952, as emended, to become effective January 1, 1978, so as to abolish the offices of city treasurer and ¢~issloner of revenue as elective offices u~der the Cha~ter of said City and so as to trans- fer the duties Of those offices, as they pertain to the revenues of the City~ to the office of the Director of Finance under the City government, by amend- ing paragraph 8 thereof= and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted By the following vote: AYES: Council members Garland, Grove, Hubard, Tauhman, and Mayor Taylor ............................................ 5. NAYS= Council member Thomas ............1. (Hrs. Bowles absent) In this connection, the Director of Finance submitted a written report relative to what economies could be affected by abolishing the offices of the Commissioner of Revenue and Treasurer, advising that he would endorse this referendum and the purpose it expects to achieve as the savings to the taxpayer would be substantial. {For full text, see report as filed in the city' Clerk's Office.) Hr. Hubard moved that the report be received and filed. The motion was seconded by Hr. Ta-~n and adopted. BUDGET-PUBLIC WELFARE= The Director of Finance submitted a monthly statement of expenditures for Public Welfare for the month ended July 31, 1976. 453 454 (For full text, see statement as filed in the city Clerk's Office.) H~. Huba~dmoved that the etate~ent be received and filed. The was secondeQ bye. Ta,~m~ and unanimously adopted. ZOMIMGI The City Clerk preeen%eQ a com~unicatlon adYlsing that on · uesday, ~une 1, 1976, Council adopted Ordinance Nee 22949 on its first reading, rezoning property located at the northwest corner o£ Forest Park Boulevard and Helrose Avenue, H. ~.~ described as part of Lot 4, BlOCk 2, Map of Forest Park, Official Tax Nos. 2431613 and 2431614, frc~C-1, Office and Institutional District, to C-2, General Cc~nercial District, and instructed the City Plarulfulg Comm/ssion to consider rezonlng the remainder of the block in light of that action advising that it appears that her Instructions to the City planning C~ssion were not clear and as a result of that, they considered rezoning both the 2900 block of Melrose Avenue as well as the 2800 block of 0live Avenue, and requesting clarification frc~ Council as to whether or not it was the Intent of Council that the City planning Commission consider rezon~ng both the 2800 block of Melrose Avenue and the 2800 block of Olive Avenue, end, In view of the recc~mendatl~ of the City Planning Cc~uaission for den~al of both blocks, is it the desire of Counc[! to proceed with a public hearing. (For full text, see report as filed in the City Clerk's Office.) The Mayor advised that it was his understanding end desire that the City Plan~ing Co~uisston was to consider rezoning only that portion running frc~ the corner lot to the end of the block on Melrose Avenue end back to the alley. Hr. Garland moved that clarification be made that the intent Of Council was for the City Planning Commission to consider rezoning only that portion running frown the corner lot to the end of the block on Melrose Avenue and back to the alley. The motion was seconded by Hr. Hubard a~d adopted. In reply to a question raised by the City Clerk as to whether or not it is the desire of Council to set a public hearing on the question of rezoninc Mr. Bubard advised that the City Plan~lng Commission has reconuaended that the property not b~ rezoned and, in light of that, ~ved that the report be received end filed. The motion was seconded by Mr. Taubman and adopted. UNFINISHED BUSINESS= AIRPORT: Council at its last regular meeting on Monday, August 9, 1976, having deferred action on a report of the Clty Ma~ager requesting concurrence to purchase land for the Non-Directional Beacon Site and to lease land for the Missed-Approach Point Marker Site and Outer Marker Site at Roanoke Municipal A/rport, WoodrumFleld, and that Counci! pass the necessary enabling Ordinance er Ordinances, the ~atter was before the body. (For full text, see report as filed in the City Clerk's Office.) Mr. Taubman advised that the matter has been resolved and made reference to a cc~munication from Father Assad Awed, Pastor of St. Elias Catholic Church, advising that they are in agreement that the Church will convey to the city e perpetual easement and right of way as shown on FAA plans and this lease will also give the City the right to sublet the said property to the FAA, that it is also understood that the site to be conveyed will revert back to the Church unencumbered if and when the site ts no longer used for airport related needs, that the City o£ Roanoke is to pay the initial lmap at. of $8~000.00 for this lease, said money to be paid to the Church upon the execution of the proper leases and deeds required. (For full te~ see com~unication as filed ~n the City Clerkls Office.) Hr. Grove s~ated that he would like for the Ordinance presently before Council to be amended to read that the parcels will be used for airport related needs instead of installation of navigational devices, and moved that the Ordinance be amended accordingly. The motion was seconded by }~ro Garland and adopted. H~o Grove then offered the following emergenc~ Ordinance as amended: (%23187) AN ORDINANCE authorizing and providing for lease by the City of an approximate 0.21 acre parcel of land in the city of Roanoke and an approxLmate 0.01 acre parcel of land in the City of Salem, providing for the acquisition of an approximate 0.23 acre parcel of land in Roanoke County, providing for the acquisition of the necessary rights of way for access to the aforesaid parcels, said parcels to be used for airport related needs for Roanoke Ntuliclpal Airport, Woodr~ Fieldf upon certain te~as and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance, as amended. The motion was seconded by Hr. Ta0i~n ainu auopu~u by =hu following vo=e~ AYES: Council members Garland, Grove, Hubardf Tauhman~ Thc~nas and Nayor Taylor ............................ 6. NAYS: None ........................ 0. (Hrs. Bowles absent) CONSIDERATION OF CLAIMS: NONE. INTRODUCTION A~D CONSIDERATION OF ORDINANCES AND P~SOLUTIONS= BUDGET-TAXES-COMmISSIONER OF REVENUE= Hr. Th~s offered the following emergency Ordinance appropriating $200.00 to Other Services & Charges - Advertisinl tinder Section %0403, 'Cc~nmissioner of Revenue,' of the 1976-77 budget, to provide funds to publish an ad in a local newspaper to advise elderly hc~eowners that the 1977 real estate ~ax increase resulting from property reappraisals and tax rate increase will not affect those elderly homeowners who have a current 1976 real estate tax freeze in effect, provided they file an application for the 1977 real estate tax freeze on Or before February 1, 1977; and also to advise of the procedure to be followed in applying for the real estate tax freeze for elderly h~neowners: (~23188) AN ORDINANCE to a~end and reordaln Section %0403, 'Commissioner of Revenue,' of the 1976-77 Appropriation Ordinance, and providing for an emergency (For full text of Ordinance, see Ordinance Book NO. Hr. Thc~ua$ moved the adoption Of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES= Council me_~bers Garland, Grove~ Hubard, Taubman, Thon~as and Nayor Taylor ................................ 6. NAYS= None ........................ 0. (Hrs. Bowles absent) 456. BUDGET-CITY EHPLOYEESI M~. Ta-~n offered the following emergency Ordinance appropriating $5,693.98 to Fringe Benefits under Section 'Employee Bene£its,' of the 1976-77 budget, to provide funds to pay cc~pensatocy time accumulated up to a maximum of 30 days to those individuals who were laid off for economic reasons on June 18, 1976, and tn provide sufficient funds tn compensate Mr. Rex T. Mitchell, retiring Manager of the Civic Centerl ([23189) AN ORDIHARCE to a~end and reordain Section ~1810, 'Employee Benefits," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote= AYES= Council me~bers Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .............................. 6. NAYS: None .........................0. (Hrs. Bewles absent) ~EALTH DEPARTHEHT= Council having directed the City Attorney to prepare the proper measure authorizing an agreement to be entered into with the Health Department to provide for out-patient care and treatment at the Health Department's clinic, authorizing a rate to be charged for such care and treatment, he presented same~ whereupon, ~r. Hubard offered the following (%23190) AN O~DINANCE authorizing an agreement to be entered into with the Health Department of the City of Roanoke to provide for out-patient care and treatment at the said Health Departmentts clinic, authorlzing a rate to be charged for such care and treatment; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Taubn~n and adopted by the following vote: AYES: Co~ncil me~bers Garland, Grove, Hubard, Taubman, Thc/nas and Mayor Taylor ............................ 6. NAYS= None .......................0. (Hrs. Bowles absent) MOTIONS AND MISCELLANEOUS BUSINESS= CITY GOVE~NT-COUNC~L= The Mayor ~resented copy of a oo~u~ication ~romMr. WilliemM. Snlder, Vice President, Advertising Director, The Roanoke Times - The World-News, relative to publication of a 'City of Roanoke Report to Citizens', advising that in October of 1972 Council adopted an Ordinance stating that it would publish a si~lar report on the s~nday following Labor Day in alternate years and the net cost would be $4,105.42 for an eight page section to appear in the Sunday Roanoke Times & World News. (For full text, see com~unication as filed in the City Clerk*s Office.} In view of budgetacy ~atters, }ir. Ta~n moved that the co~maemica- tion be received and filed. The motion was seconded by Mr. Grove and adopted. The Mayor presented a further communication from Mr. Sn£der advising that the uity m~ght be interested in a survey recently conducted by the Mayor of Charleston, South Carolina, in an effort to deters/ne attitudes as they now exist in the city and surrounding environs. {For full text, see cc~nunicstion and eurve~ ss filed in t~e c:Lty Clerk's Office.) Hr. ~s ~ved ~at ~e s~ey ~ ~eferred to ~e City ~nage~ 2he city could ex.ch if ~e s~ey Is ~de~2~en, to asce~tain l~ any ex~nses are anticlpa2ed and advise ~e Co~c~l accordin~ly. The ~hion vas seconded by ~. H~ard and adopted. VI~INIA ~ICIP~ ~ The ~yor presented a c~lcation fr~ the V~rg~n[a M~clpal ~a~e r~est[ng ~at Co~cil desl~ate who ~s to re- present the City of Ro~oke d~ng ~e business session of ~e Convention on ~esday~ Septet, 14~ 1976. (For full t~t, see c~cat~on as filed ~n ~e City Clerk's Office.} Mr. Th~s ~ve~ ~a~ ~e ~yor be designated as ~e Voting Delegate ~d that ~e V~ce-~yor ~ ~es~gnated as ~e Alternate Votin~ Delegate. The ~t~on was seconded by ~. Ta~ ~d adopted. C~I~= A no~nat~on fo~ from ~s. ~wles ap~ting ~s. L. Breeden as a m~r of ~e C[tiz~s~ Blue ~bbon ~ng ~nge Piing Goal Setting C~ttee~ was ~fore Co~c~. ~. H~ard moved that the appoin~ent ~ recuiv~d and filed. The motion was seconded by ~. Grove and Wi~ refer~ce to the ap~ln~ent of ~o~er ~ to the Co~ttee, ~. H~ard moved ~at action ~ deferre~ ~t[l ~e n~t regular meeting of Cocci[ on Monday, Au~st 23, 19~6. The motion was seconded by ~. Ta~ and adopted. At ~e last meeting of Co~u[l, ~. Ta~m~ ~de reference to ~e need for the appo[n~ent of a Co-C~i~ of ~e C~ttee, advising ~at ~. W. ~l~g lzard, Cha[~ of ~e C~ittee, has requested ~at he be allowed to ap~t such persons wi~in ~e fr~ework of ~e c~ttee to work w~ as he s~es f~t ~d Mr. Tau~ rec~de~ ~at Co~c~l take ~. Th~s ~ved ~at Cocci1 concur ~ ~. Ta~s rec~endation. The motion was seconded by ~. H~ard ~d adopted. C0~CIL-CI~ ~AG~I~S: Co~cll having previously met a Co~ittee of the ~ole on Monday, ABgust 9~ to review a petition s~gned by approx~te[y 5,000 citizens For Better Gove~ent in co~ect~on w[~ apparent inefficiency of city ~ag~t, ~d at ~at t~e Co~c~ voted to meet in ~ecutive Session on ~onday, August 23rd relative to sa~d petition, ~e ~tter was before ~e ~y. ~. Tsu~n ~ved ~at Co~cil meet in ~ecutive Session wi~ C~ty ~nager pertaln~ng to certain perso~el ~tters n~ concerned. The ~tion was seconded by ~. Grove ~d adopted by ~e fo11~- lng vote: 457' 458 AYES z Council men bets Garl~de Gro~e~ Kubard, Ta-~A-~ Thomas and Hayor Taylor .............................. 6. ~YSz ~on~ ......................... 0. ~s. ~les abs~t) p~INGt ~e~yor advised ~at ~ere Is a vac~ on ~e Pl~ln~ District C~ssion c~eat~ by ~e zesl~ation of ~. ~o~ H. Par~ott for a rem of ~ree yea~s end~n9 3~e 30, 1979, ~d called for n~ations to fill the vac~. ~. Grove placed In n~nation ~e n~ of ~. ~llli~Scott Russell. T~ere ~in~ no i~ther n~nat~ons, ~. Russell ~as elected as a ~er of ~e Flf~ Vl~inq Dlstr~c~ C~ssion to [~11 a vac~ c~eated by ~e resi~ation o~ ~. ~o~ H. Pa~zott for a te~ of ~ee yea~ end~g 3~e 30, 1979, by ~e ioll~ing vote~ FOR ~. RUSSEt: Co~cil m~ers Garland, G~ove, H~ard, Th~s ~d~yor Taylo~ .......................... 6. (~s. ~les ~ent) FI~ DEP~ The Hayor advised ~a~ ~e=e a~e ~ee vacancies on the Board of Fire Appeals created by ~e resl~ations of Messrs. S. Kitchen, Robert E. Hullen~ Jr.~ ~d A. K. Hughson and called for n~inations to fi~ the vac~cies. U~n ~e suggestion of Co~c~l, ~e Ha~or requested ~at ~e City ~ager s~it n~es for replac~ents to be considered by H~TH DEP~T= The C~ty Clerk re~orted ~at~s. Hargaret S. ~ittaker has qualified as a m~er of ~e Housing and Hygiene Board for a tem of two years ending Janua~ 31, 1978. ~. H~ard moved ~at ~e report be received and filed. The motion was seconded by }~. Th~s and adopted. L~B~ES= The City Clerk reported ~at~s. El~s~e~ M. Dre~ ~d~s. Jo~ H. Horr~ have qualified as m~ers of ~e Ro~oke P~lic Libra~ ~ard for te~s of ~ree years each ending J~e 30, 1979. ~. H~ard moved ~at ~e report ~ received ~d filed. The motion was seconded by Hr. Th~s and adopted, P~NG= The City Clerk reported ~at~. David H. Wo~ and ~. H~ton W. Th~s have ~alified as m~ers of ~e F~f~ Pl~g Distrlut C~ssion for te~s of ~ree years each ending J~e 30, 19~9. Hr. H~ard moved that ~e report be received ~d filed. The mot~o~ was seconded bye. Tho~s ~d adopted. O~ ~INGS OF C~TXZ~S: N0~. The Mayor re~ested ~dance fr~ ~e m~ers of Co~cll as to preferred order to proceed w~ ~e o~er scheduled ~t~gs~ whereu~n, Garl~d moved ~at ~e Greater Ro~oke Tr~sit C~y meeting be held next, foll~ed hy ~e ~ecutive Session wi~ ~e Clty~nager ~d ~ ~e Co, tree of ~e ~ole ~eting relative to fin~c~al ~tters. The motion was seconded bye. Ta~ and adopted. The ~or ~en declared ~e meeting recessed. At 6935 p.m., the Council reconvened with ~'~ayor ~aylor presiding andars. Ro~les absent. The Nayor read ~e foll~lng prepared stat~t on ~half of ~e 'August 16~ 1976. There can be no do~bt that the citizens of ~anoke have felt oppressed with the pressure recently of the h~ghest rates of inflation in decades. Many of o~r citizens have been further squeezed by finding themselves among the unem~loyed or forced to live on fixed ~ncc~es, at meager levels in many cases. It is understandable how they have bec~ further frustrated when they recently have been informed that not only have their real estate tax rates been raised nearly 20%, but for a majority there has been a substantial increase in tax assessments. For a great many Roanoke homeowners, the real estate taxes on their homes will more than double co~e next January I. Realizing that for most of Our citizens their home is their most valuable ~ossession and such tax increases seem to pose a serious threat to their very solvency, ~t is not surprising that a goodly number of our citizens have called for drastic action to give them relief. Indeed, 5,000 of them, by petition, have called for the discharge of our city manager and his assistant. The members of Roanoke City Council de not believe that our current citizen concerns can be laid solely at the city manager's doorstep. In carrying out the policies set by Council, Mr. Haner does his work in a courteous, industrious and effi- cient ~anner. To say that ~stakes have not been made by him or his staff would be to deceive you. HoWever, errors here have been well within reasonable bounds when one considers the number of people and areas of responsibility which he manages. We are confideat that Mr. Ha~er and his adralnistration, guided by all members of Council and sup~ortuuby our cx=xzens, can soon make considerable progress toward resolving m~any of the current con- cerns of our people. We prc~ise you our undivided attentioa in addressing your concerns and ask for your support and advice in the next several years, as we are confident that we can make our fine city an even finer one." }ir. Garland ~oved that the City Attorney be instructed to prepare the proper measure to be presented to Council at its next regular meeting on Monday, August 23, 1976, giving the City Manager and his administration a vote of confidence from the Council. The motion was seconded by Mr. Hubard and adopted. There being no further business, the Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED 459 · 450 COUNCIL ~ l~GUl~ Honclay~ August 23, 19']6. The Council of the City o£ Roanoke net in regular meeting tn the Council Chamber in the Municipal Building, City o~ Roanoke, et 2 porn., the regular meeting hove, with ~or N~l C. Taylor presid~ng. P~S COCCYX m~rs ~rt A. Garl~d~ Luc~ Y. Grove~ Nicholas F. Ta~n~ ~ton W, Th~s ~d ~yor N~I C. Taylor ...... 5. ~= Co,ct1 ~rs Eltza~ T. ~les ~d W~ll~ H~ard ............................................................... 2. OFFIC~ P~T= ~. ~ron E. ~er, City ~nager~ ~. S~ H. HcGhee~ III, Assistant City H~ager~ ~. J~es N. Kinc~on~ City Attorney~ J~es E. Buc~oltz~ Assis~nt C~ty Atto~ey~ ~. Jo~ H. ~[tchell~ Assistant Director of F1n~ce~ and ~s. Judith M. St. Clair, Deputy City Clerk. I~TION: The meeting was Opted wl~ a prayer by ~e Revered ~roy C. ~rts, ~rt~ties Industrialization Center. MI~ Copies of ~e ~nutes o~ ~e regular meeting held on Monday, August 9, 19~6, and ~e regular meet~g held on Honday, August 16, 1976~ having been furnished each ~r o[ Co~cil~ on motion of ~. Th~s~ seconded by ~. Tarn ~d adopted, ~e reading ~eof was dispensed Wl~ ~d the ~nutes approved as recorded. ~NG OF CITIZ~S UPON PUBLIC T~-ST~I~: ~. Bar~ N. Lichtenste~n, repres~ting the Roanoke Valley S~ine C1~ appeared ~fore Co~cll ~d requested ~at a waiver ~ grated of ~e ~us~ent tax and stadi~ rental for ~e [~all g~e betwe~ ~a~rtck H~ High School and George Washington High Zch~l on Septet 10, 1976, due to ~e fact ~at ~is is ~e Shrine me~ of raising money for crippled children*s hospital ~ey are associated wi~ ~n Sou~ Carol~a all monies derived fr~ ~e g~e goes to said hospi~l, ~at a relatively gate is ~pected c~pared to what ~t has ~ ~ ~e past, ~at ~e S~ine had to pay more ~ usual ~is t~e for ~e contract to go on and if ~ey have to pay rental in addition to ~at it is eater away from ~e money receive~, he was told ~e rental received in ~e past was ref~ded to ~e sch~l or sch~ls participating [n ~e g~e and if ~is is t~e and ~ey are well paid to ~gi~ Wi~, it wo~l~*~t'be ~ecessa~ to c~rge rent which will eventually ref~ded. After a discussion of ~e ~tter, ~. ~s moved ~t Co~cll con~ in ~e r~uest and refer ~e ~tter to ~e City Atto~ey for prepara- tion of ~e necessa~ papers. The motion was seconded by ~. Ta~ and adopted. P~ ~ ~C~TION~ ~. B. T. Fitzpatrick, Jr., appeared before Co~cil and re~ested ~at ~e pro, sa1 of ~e Ro~oke Jaycees, Inco~orated, conceder establish~g a ~ ~pt co~oration to operate ~e Mill Mo~in Chilean's Zoo be delayed ~til ~e ~d of ~e meetlng wh~ ~e spoke~, ~. ~gene M. Elliott, Jr., plus to arrive. ~lr. Garland moved that the reclueet to delay the hatter until the end o~ the meetS, rig be granted. ~he motion was seconded by ~4r. Grove and adopted · CITY HA~A. GER'~LA.~z Hr. ~bby Os~e~ Atto~ey~ zep~esent~g ~e Cltiz~8 for Better Gove~t, ap~axed ~fore Co~cll advising ~at he feels fF~ ~e response and vhat has taken place since last ~nday, It Is ~ssible ~e ~st of ~e petitions presented has dissipated s~ewhat by s~e vexbage ~t has ~k~ place In ~e newspa~r~ ~ vha2 ~ey were c~- cerned wl~ and s~lll are concerned wi~ can ~ ~iled d~ to t~ ~ag~ent and ml~na~t; ~a2 ~ ~e fo~ of m~lclpal gove~nt we have n~ ~e City ~ager is ~e one In charge of ~ag~t and r~ning the city; ~at ~e c~2~zens who signed ~e petition felt ~e city has not been ~roperly ~aged and ~s ~en ~naged resulting ~n ~e lt~ that were I - 5 which were d~sc~ssed last Honday~ ~at ~ey real~ze~ ~d no one who signed ~e ~titio~ felt, ~at ~e taxes ~at are n~ paid were ~e direct res~nsibllity of ~e C~ty ~nager~ that ~s was not ~e point, ~e point ~ng ~t th~ tax~s ~t are n~ paid and being s~nt in ~e operation o~ ~e city are ~uch ~at are not getting ~e most for ~e~r t~ dollars, and if ~e city were properly ~aged the t~es which are n~ paid would more ~ ~ly cover ~e o~rat~on of ~ls c~ty, and also it should b~ such ~t ~e t~es could ~ reduced; ~at ~cy ~r= ~k~ ~o~cii to l~k int~nally ~d s~nce ~le City ~nager i~ ~ person ~at ~s c~rged with ~ag~t, ~s ~s ~e ~rson that ~ey are l~king directly to~ that since Cocci1 has chosen to back h~, he should be ~n the best posit~on ~ow to ~nage ~s city ~ he has ever ~en, h~ver, he has to re~rt back to Cocci1 and Co~c~l has to see ~at he d~s his job~ ~t do not feel he ~s done it r~ght, and are asking Co~c~l n~ to do what It has said ~t would do, which ~s to continue to oversee ~e ~ag~ent of city and l~k to see h~ ~e city c~ ~ better ~aged so ~e t~es ~at are n~ paid and ~e t~ dollars com[n~ into ~is city can be properly s~nt~ ~at ~e steering co~ittee ~s going to r~in and additional ~rsons have been a~de~, and ~n ~e fo~l~ng ~ths a m~er of ~e steering c~ittee w~11 be preset to ask Co~cil what it has done in order to look into ~e ~nag~ent berg conducted by ~ C~ty ~ager and what it ~s doing to ~ to reduce by savings ~at can be fo~d wi~in ~e operation. ~. Garland advised ~ere was a Resolution f~er d~ ~e ag~da ~at e~ressly deals w[~ ~s question and it ~uld appear ~[s would be ~ appropriate t~e to act upon it~ ~at h~ f~els as long as ~[s cloud or veil ~rbors over ~e City ~ager as well as Cocci1, ~e[r effectiveness is con- sider~ly reduce~, ~d ~e s~ner a fi~ decision is ~de ~e better for ~e ~tire city; ~at when you have a city w~ a ~opulation of over ~00,000 ~r~ons, it is going to ~ ~ss[ble to please ~ a11, and ~ere will always be a certain ~rcen~ge of people ~at will not agree w~ ~e present ~nag~ent of ~e city, h~ever, he hopes ~at as t~e passes ~[s n~er w~11 decrease~ ~t to f~us all ~e blue on ~. H~er ~s ~ ~warr~ted ~d ~fa[r; ~at '461 462 any problems the city may have must be shazed by all including the publicl that the mere ell~ination of ~tr. Haner or H~. Hc~hee ~ould not result in the reduction o[ the real estate tax, which he detects as the ~ain source of cc~laintl aqainst them and Council, and requested Hr. Osborne, Hr. l/olllfleld~ Hr. ~obbins and all the others who £11ed this cc~plaint to unite with the city in trying to make Roanoke a better place in which to live, work and raise a famllyl that he thinks Roanoke has been good to all o£ us, and their support and help is needed to make it even better, and offered the following Resolutions (1231911 A P~SOLUTION expressing confidence in Byron E. Haner as City Manager of the City of Roalloke. (For full text of Resolution~ see Resolution Book No. Hr. Garland moved the adoption of the Resolution. The motion was seconded by Hr. Grove and adopted by the following vote= AYES= Council members Garland, Grove, Taubman, Thomas and Mayor Taylor .................................. 5. NAYS= None ................... 0. {Council members Bowles and Hubard absent) PETITIONS AND CCI~RUNICATIONS= TAXES= A cc~munication frc~Hr. Joh~W. Owens advising that in the past weeks much has been said regarding the tax rate and the new assessments, that he finds it hard to believe the management of this citywith a very sophisticated computer at its disposal cannot computu the revenue with a good degree of accuracy and it is time to look at the tax rate and revenue dollars based on figures instead of fancy government rhetoric, was before Council. Mr. Garland moved that the co~nunicatlon be received and filed and that a copy of same be referred to Hr. C. S. McNulty, Real Estate Assessor, for his response. The motion was seconded by Hr. Thomas and adopted. TAXES= Petitions signed by 405 city residents protesting the tax rate based upon 1001 of appraised value for 1977, were before Council. Hr. Garland moved that the petitions be received and filed and that a copy of same be referred to Hr. C. S. McNulty, Real Estate Assessor, for his response. The motion was seconded by Hr. Thc~as and adopted. TAXES= A connnunication fremHr. W. F. Mason, Jr., translmttting a petition signed by 39 residents of the Jefferson Street and Stanley Avenue area protesting the real estate tax assessment of their property, was before Council. Hr. Garland moved that the cc~munlcation be received and filed and that a copy of same be referred to Hr. C. S. McNulty, Real Estate Assessor, for his response. The motion was seconded byHr. Thomas and adopted. WATER DEPARTMENT: A cc~munication from the State Water Control Board in connection with the Back Creek Study, advising that while the Board will assist in the planning of said Study, it will continue to place major efforts in the Cor~s of Engineers Study of General Water Resources in the Upper Roanoke River Basin and that every effort should be made to maintain coordination between the Back Creek Study and that of the Corps, was before Council. Mr. Thomas moved that the cce~unlcation be received and filed. The motion was seconded by Mr. Ta-~n and adopted, STATE COMPENSATION BOA~D-SHERIFF~ Copy o£ a c~u~lcatlon from the State Com~ensation Board to Mr. Paul J. Puckett advising of approval of several changes in the Sherlffls budget allowances for this fiscal year, was before Council. (For full text, see communication as filed in City Clerk's Office.) Mr. Grove offered the following emergency Ordinance appropriating $4,97S.00 to Other Services and Charges under Section %0714~ 'Sheriff,m of the 1976-77 hudgetz (%23192} AN O~DINANCE to amend and reordain Sect£on %0714, 'Sheriff,m of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text cf Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Council members Garland, Grove, Taubman, Thomas and Mayor Taylor .................................. 5. NAYS: None ................... 0. (Council members Bowles and Hubard absent) STATE COMPENSATION BOARD-COFt~ISSIONER OF REVENUE= Copy of a c~- munication frcau the State Compensation Board to Mr. J. S. Howard, Jr., advising of approval of the pr~motien of Mrs. Lucllle C. Hill to succeed }tr. W. Kraige as Real Estate Supervisor at an anllual rate of $7,943.00, 8/~d e-mploy- ment of a clerktypist at an annual rate of $6,?99.00 to fill the position vacated by Mrs. Hill, was before Council. Mr. TaUb~n offered the following emergency Ordinance reducing by $3,731.00 Personal Services under Section %0403, 'Commissioner of Revenue,' of the 1976-?? budget= (%23193) AN O~DINANCE to amend and reordain Section $0403, 'Commis- sioner Of Revenue,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. Mr. Taut~lan moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Council men,bets Garland, Grove~ Ta-B~n, Thomas and Taylor .................................. 5. NAYS: None ................... 0. (Council members Bowles and Hubard absent) REPORTS OF OFFICERS: GRANTS-SEWERS AND STORM DRAINS: The City Manager submitted a wrltten report relative to revised E. P. A. Grant No. C-510473-01, Murray Run Sewer, advising that due to the elimination of ineligible house laterals and asso- ciated reductions in technical, a~ministrative and contingency funds the total cost has hee~ reduced to $465~700.00 with the 75% federal share reduced to $349,270.00 or a $25,730.00 reduction in the grant and recommending that he be authorized to execute the amendment subject to the grant conditions attached thereto. 463. 464 (For full text, see report aa filed In ¢lty Cle~k's Office,) The Assistant city tlanager advised that In this Instance and the following matter on the agenda, the city has sufficient local funds to cover the costs. M~. Thcx0as offered the following Resolution authorizing execubion of the amen~nent: (J23194) A RESOLUTIOH approving and acceptIng Amendment HO. 1, dated Hatch 31, 1976, to the City's Environmental protectionAgency Granb Agreement for Murray Run Sanitary Sewer Interceptor Project Ho. C-510473-01; and authoriz- Ing the CltyManager to execute requisite copies of such amendment as evidence of the City's acceptance Of the same. (For full text of Resolution, see Resolution Book Mr. Thc~nas moved the adoption of the Resolution. The motion was seconded by Mr. Taul~an and adopted by the following vote: AYES: Council members Garland, Grove, Ta-~n, Thomas and Mayor Taylor .................................. NAYS: Hone ................... 0. (Cottncil m~nbers Bowles and Hubard absent) GRA~TS-SBI~RS A}ID STOP~ DRAINS: The City Manager submitted a written re~ort relative to reViSed E. P. A. Grant No. C-510493-01, Trout Run $ewer, advising that due to an increase in the cost of the project and increases in administrative, technical and contingency funds, the total cost has been increased to ~892,000.00 with ?5% federal share increased to $669,000.00, Or a ~128,780.00 increase In the grant, und reccannendlng that he be authorized to execute the grant amendment subject to the grant conditions attached thereto. (For full text, see report as filed ill City Clerk's Office.} Hr. Thomas offered the following Resolution authorizing execution Of the amendmentl (%23195} A RESOLUTION approving and accepting Amendment No. 1, dated J~ne 8, 1976, to the city's Environmental Protection Agency GrentAgreement for Trout Run Sanitary Sewer Interceptor Project No. C-510493-01; and authoriz- ing the City Manager to execute requisite copies of such amendment as evidence of the city's acceptance of the same. Hr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Grove and adopted by the followIng vote: AYES: Council members Garland, Grove, Taohm~n, Thomas and Mayor Taylor .................................. 5. NAYS: None ................... 0. (Council me~bers Bowles and H~bard absent} BUDGET-CITY EMPLOYEES: The city Manager s,,hm{tted a written report a~vising that Council appropriated sufficient funds to permit payment of com- pensatory time to terminated employees on June 18, 1976, however, to date no actual Ordinance has been passed to authorize actual expenditure of funds for that pu~pose~ and recc~ending that Council, by budget ordinance, authorize the expenditure of personnel funds In certain listed a~ounts, (For full text, see re~ort as filed in City Clerk's Office,) During a discussion of the matter, the Clty Hanagsr advised that there are certain areas where Council will have to continue to give cc~pensatory that the State of Virginia requires that social ~orkers be given compensatory tl~s rather than overtime, that this is not a cut and dried situation and it is not easy to co,ne up with an answer to it, that any recc~nendation from the adm~nistratlon in the future will probably be the same as In the past which is that no one be paid at the time they leave the city for Compensatory time, and that he plans to present a further report in connection with the matter on September ?. Hr. Ta-~m~moved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Garland. During further discussion, the City Manager advised that in his previous report it was indicated there were other individuals who were terminated although he did not name them, and that in his opinion if Council pays one they should pay them all and these people in his report are the ones whose jobs were terminated. Hr. Thcxnas offered a substitute motion that the ~attsr be carried over until Council receives the City ~unager*s report o~ amended policy on Septe~aber ?. The motion was seconded by Hr. Taubman and adopted. MUNICIPAL BUILDING: The City Manager submitted a written report rec~mnendlng that he be authorized to execute Change Order No. 2 to the con- tract with Acorn Construction Company, Ltd., in the amount of $964.00, relatlve to the contract for alterations to the Courthouse Building, Courtroom and Judge*s Chambers. (For full text, see report as filed in City Clerk*s Office.} Hr. Grove offered the following Resolution approving the Cha~ge Order: (%23196} A RESOLUTION approving the City Hanager*s issuance Of Change Order No. 2 in connection with the City's contract withAcorn Construc- tion Company, Ltd., dated May 27, 1976, for alteration to the City's courthouse building and the courtrooms and judges~ chambers situate in said buildlng by providing for additional alterations for an additional cost of $964.00. (For full text of Resolutlon, see Resolution Book No. Hr. Grove moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the followIng vote: AYES: Council members Garland, Grovew Taub~an, Thomas and Hayer Taylor .................................. 5. HAYS: None ................... 0. (Council members Bowles and Hubard absent} 465 466 SI~m_.~S AND S~OI~HDSAINS: The City Hanager euI~litted a ~itten ~epo~t relativa to ~O~rations ~lnten~ce~ual to ~ltt~ on ~e ~prov~- ~nts ~d exuded ~acilitlea ~at have ~ ~d ~e ~ing constructed at Sewage Trea~t Pl~t, rec~ending ~at au~orlzatl~ be giV~ tO e~d sco~ o~ ~e englneer~g seduces agre~ent w~ Alvord~ B~d~ck a H~son to Include ~e preparation of ~ls O a M ~ua1 at a fee of ~60~000.00. {For full text, see re~rt as filed tn C~ty Clerk's Office.) ~. G~I~ voiced his op~sltlon to ~e prlce of ~e ~ual~ stating he feels ~e price to ~ ~orbl~t~ ~at based on ~e ~g~eer~s no~l percentag~ ~ts ~uld ~ e~val~t to ~ut ~ $800,000.00 job. ~e C~ty ~ager ~lnted out ~at ~t ~uld take a~ut nine ~nths to c~plete ~e ~rk, ~at ~t w~ll ~ on $3~,000,000.00 wor~ o[ const~ctlon plus ~e Initial fac~llty and ~ls Is a ve~ u~plex operation, ~d ~at ~ual ~s a r~uir~ent. ~t~ a leng~y discussion of ~e ~tter, ~. Th~s offered the foll~ing ~erg~cy OrdAnance approprlatlng $60,000.00 to Pl~t ~p~s~on ~der Section %2405, 'Capital ~tlay fr~ ~nd F~ds," of ~e 19~6-77 budgut~ (~23197) ~ O~I~CE to ~d ~d reordain Section ~2405, "Ca~ital ~tlay Fr~ ~nd F~ds," of ~e 1976-~7 Sewage TremOnt F~d~proprtat~on urain~ce, ~U proviUing for ~ (For full text of Ordinance, see Ordinance ~ok No. ~. Th~s moved ~e adoption of ~e Ordin~ce. The motion was seconded by ~. Grove ~d adopted by ~e roll,lng vote: AYES: Co~cil m~ers Garland, Grove, Ta~, Th~s ~d ~or Taylor .................................. 5. NAYS: None ...................0. (Co~cil m~ers ~wles ~d H~ard absent} ~. Tho~$ ~en moved ~at ~e report be referred to the City Attor- ney for preparation of ~e necessa~ papers. ~e ~tion was seconded by Ta~ and adopted. P~ING ~GE= The City ~nager s-~{tted a writt~ report relative to an updated feasibility study and report fr~ ~e parking facility consul- ters, tran~[tt[ng copy of a proposal for such ~ u~ate at a fee of $1,800.00 plus e~enses, or a new indep~ study for $4,800.00 plus ~ses, rec~ending ~at ~e c~ty not pursue ~ additional study at ~is t~, but proceed solicitation of proposals for a ~ag~t ag~. (For fu~l text, see report as filed ~n City Clerkts Off~ce.) ~. Ta~ s~ted ~at ~ parking garage is a long te~ concept, ~at at ~e t~e ~t was passed perhaps econ~ically ~ings wer~ somewhat better ~ ~e valley and ~e co~, h~ever, ~ere ~s to ~ one of ~e largest buildings ~ d~t~ Ro~oke across ~e street fr~ ~e garage for which will ~ a bridge built fr~ said garage to ~is building, ~at ~is building was const~cted at ~e assurance of ~e city ~at ~e garage would beene a reality, that he agrees with the City Nanage~ in delaying any update reports, that in his opinion it is ~nportant to look at the bids to be received in October or November on a private management fl~n and make a reassessment with respect to the m~tter of an updated feas~bllity study, suggesting when the bids are let out they b~ so with tho idea that they In~y or may not be accepted and not ~ust accepted on the lowest bid, and moved that Council concu~ in tho report of the City Manager. The motion was seconded by Mr. Garland and adopted. ANNEXATION-FIRE DEPARTMENT~ The City ~anager submitted a written report advising of the status of temporary fire stations established in the annexed areas. (For full text, see report as filed in City Clerk*s Office.} Mr. Garland moved that the report b~ received and filed. The motion was seconded by Mr. Grove and adopted. PARKS AND PLAYGROUNDS= The City Manager su~mitted a written report in connection with a proposed extension of Wiley Drive, stating that the City Planning Cc~mission advised members of the Wiley Drive Committee at a meeting on August 16, 1976, that with constrllction of the new Jefferson Street Bridge now underway, it would b~ advantageous to approve the conceptual plan so that the contractor might b~ aware of the city's future plans with respect to Wiley Drive, and so that his construction work might faollitate the future ~xtansion thereof rather than impose future restrictions or llmitations, and recommend- ing that Council by Resolution express their concurrence in the plan for the extension Of Wiley nrive. (For full text, see report as filed in City Clerk's Office.} Hr. Grove moved that Cot~lcil concur in the ~tter and that the City Planning Commission be advised of this action. The motion was seconded by Mr. Tau~man and adopted. SEGREGATION-INTEGRATION= The City Manager submitted a written report transmitting an Annual Minority Report. (For full text, see report as filed in City Clerk's Office.) In response to an inquiry from Mayor Taylor, the City Hanager advised that Mr. Ellis Holmes is now in the process of working on the Affirmative Action Program. Mr. Thomas requested that a copy of the Annual Minority RepOrt be mailed to the Chairman of the Community Relations Co~mlttee, and moved that the report be received and filed. The motion was seconded by Mr. Taubman and adopted. POLICE DEPARTH~NT-FIRE DEPARTHENT: The City Manager submitted a written report relative to the status of personnel in the Pollce Department und the Fire Departme~lt for the month of July, 1976. (For full text, see report as filed in City Clerk's Office.) Mr. Garland moved that the report be received and filed. The motion was seconded by Mr. Grove and adopted. 46'7 468 REPORTS OF CO~4ITTEESz PURCHASE AND SALE OF PROPERTY-CITY pROPERTY~ The Water Resources Committee surest=ted a writte~ report rec~nding that the Park View School property, the Jamieon Elementary School property a~d the Wllliamson Road Signal Shop property be put on the list of surplus real property to be sold immediately a~d that the Campbell Avenue Garage and Warehouse property be put on said list after the building is razed. (For full text, see report as filed in City Clerk's Office.} Mr. Th~euts offered the following Resolution authorizing the sale~ {%23198) A RESOLUTION authorizing that certain real properties of the City be considered surplus real estate of the City and offered for sale along with certain other surplus real estate. (For full text of Resolution, see Resolution Book NO. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Ta~bman a~d adopted by the following vote= AYES= Council members Garland, Grove, Tan~m~n, Th~s a~d}iayor Taylor .................................. 5. NAYS= None ................... 0. (Council members Bowles and Hubard absent) Hayor Taylor advised he h~d received a call concernin~ the possibility of permitting the Recreation Departme~nt to use the gymnasium in the Jamison Ele- mentary School building a~d requested that the City Manager check into the matter to ascertain if there is in fact a gymnasium in the building, the quality of it, and to determine whether or not it would be Of any value to the Recreation Department. The city Manager advised that, with council's concurrence, he plans to have the building at the William~on Road Signal Shop de_~olished prior to putting the property on the market and that funds in the Building Commissioner's budget for this purpose will be used. UNFINISHED BUSINESS= NONE. CONSIDERATION OF CIJtIMS= NONE. INTRODUCTION ARD CONSIDERATION OF ORDINANCES AND RESOLUTIONS= STADIUM= Ordinance NO. 23184 awarding certain concession prlvtleges to be exercised at Roanoke Municipal (Victory} Staditu=, the National Guard Armory and the Athletic Grounds in Maher Field upon certain terms and provi- sions, on the basis of a certain bid v~de therefor, directidlg the execution of a requisite contract, and rejecting the Other bld~de for the award of said privileges, having previously been before Cotmcil for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Ta~hm~n offering the following for its second reading and final adoption= (%23184) AN ORDINANCE awarding certain concession privileges to be exercised at Roanoke Municipal (Victory} Stadia, the National Guard Armory and the Athletic Grounds in Maher Field upon certain terms and provisions, on the basis Of a certain bid made thereforl directing the exec~tion of a requisite contract~ and rejecting the other bid ~ade for the award of said privileges. (For full text of Ordinance~ sea ordinance Book NO. Hr. Taubman ~oved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote= AYES= Council ~mhe. re Garland~ Grove, Tat~n, Thc~as~ and Hayor Taylor .................................. 5. NAYS: None ...................0. (Co,nell members ~owles and Hubard absent) BUDGET-GRANTS-LIBRARIES: The City Hanager having recc~m~ended that a proper appropriation Ordinance be adopted indicating that the total amount of the State Library Board grant in the Library account is $51,317.00, an increase of $1,317.00 over the amount already appropriated, Hr. Grove offered the following emergency Ordinance: (%23199) AN ORDINANCE to amend and reordain Section %1480, #Libraries, Of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove ~ved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Council me~lbers Garland, Grove, Ta~hmant Thomas, and Mayor TayLor .................................. 5. NAYS: None ...................0. (Council me~bera ~owlea and Huhard absent) WATER DEPARTI4ENT-ACTS OF ACKNO~EDGEHENT: Council having directed the City Attorney to prepare the proper z~easure expressing appreciation to the local Harine Reserve Unit for the building of a road mn the CarVlns Cove Watershed frem the Tinker T~nnel Exit to the end of the cemetery road, Hr. Garland offered the following Resolution: (%23200} A RESOLUTION expressing the Council*s appreciation to the members of Co. B., 4th Engr. Bn., of the United States Marine Corps Reserve for their construction of a road at the Carvins Cove watershed. {For full text of Resolution, see Resolution nook No. Hr. Garland moved the adoption of the Resolution. The motion was seconded by Hr. Ta~bman and adopted by the following vote: AYES: Council members Garland, Grove, Taubman, Thomas, and Hayor Taylor .................................. S. NAYS: None ................... 0. (Council members Bowles and Hubard absent) EQUIPPIENT-POLICE DEPARTMENT: Council having directed the City Attorney to prepare the proper measure accepting the bid of Sutterfieid*s Harley-Davidson, Incorporated, to furnish three police motorcycles at a unit price of $3,918.41 for a total of $11,755.23, Hr. Tau~man offered the followlng emergency Ordinance: (%23201) AN ORDINANCE providing for furnishing the City three police motorcycles, by accepting a certain proposal made therefor; and provid- ing for an emergency. (For full text of Ordinance, see Ordinance Book No. 469 470 Hr. Te-~. moved the adoption o£ the Ordinance. The motion Was seconded by Hr. Thc~as and adopted by the following votez AYES~ Council members Garland, Grove~ Ta~, Thomas, and Hayor Taylor .................................. 5 · NAYS: None ...................0. (Council m~mbers BoWles and Hubard absent} EASE}iENTS-C~SAPEAKE & POTC~AC TELEPHONE CO~PANY-pA~KS AND PLAYGRO~NDS~ Council having directed the City Attorney to prepare the proper measure author- izing an easement to the Chesapeake & Potc~ac Telephone Company, L~ the of $1.00, to provide telephone service for the city"s facilities on Mill Moun- tain as well as other custemers, Mr. Grove moved that the following Ordinance be placed upon its first reading: (~2~202} AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a certain deed Of easement to the Chesapeake and Potomac Telephone Company of Virginia. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Ta-~- and adopted by the following vote: AYES: Council members Garland, Grove, Ta~u, Thomas, und }layor Taylor .................................. 5. NAYS: None ................... 0. (Council members Bowles and Nubard absent} AUDITORI~E.~-COLISEL~ Council having directed the City Attorney to prepare the proper measure emending Ordinance No. 23022 which extended the lease and concession agreement with American Motor Inns, Incorporated, through July 31, ~979, and increased the percentages to be paid to the city ~y AMI, to pro- vide that the word 'telephone" be deleted from Section 2(A}, Hr. Garland moved that the following Ordinance be placed upon its first reading: ($23203} AN ORDINANCE a/~ending Ordinance No. 23022, adopted June 28, 19~6, authorizing and providing for un a~memt to the City"s Lease and Con- cession Agreement dated August 1, 19~3 with American Motor Inns, Incorporated, for the operation of catering and concession services at the Roanoke civic Center, by extending the teem of said agreement to a~d including July 31, 1979~ and providing for the percentages to be paid to the City for the privilege of providing catering services and concession services respectively, by emending paragraph (2)(a} thereof. {For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council members Garland, Grove, Taubman, Thomas, and Mayor Taylor .................................. 6. NAYS: None ................... 0. (Council me_mb~rs Bowles and Habard absent} CITY CODE-TAXICABS-LICENSES~ Council having directed the City Attorney to prepare the proper ~essu~e provid~ng for a reduction in the fee for new taxi driver pe~te, H~. Taub~n offered the following emergenc~ Ordinance~ ([23204} ~N ORDI~CE amending Ordinance No. 23033, adopted June 23, 1976, so as to amend and reordsin Sec. 30. Same - Investigation of applicant~ fee~ issuance or refusal, of chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, as amended, to provide for a $5.00 fee for a taxi driver permit, the application of said fee to be ret~oactive to July l, 1976~ and providing for an emergenc~. (For full text of Ordinance, see Ordinance Book No. F~Co Taubman moved the adoption of the Ordinance. The motion was seconded by H~. Thomas and adopted by the following vote: AYES~ Council members Garland, Grove, Taubman, Thomas, and Hayor Taylor .................................. ~AYS: None ................... 0. (Council members Bowles and Hubard absent) pAI~S AND pLAYGROUNDS= Council having directed the City Attorney to prepare the proper measure appointing Mr, A.N. Gibson as the city truatee for certain funds received to reinstate a decorative pond an~ waterfall into tho plans for the I{ill 14ountain Wildflower Garden in order for saia ~unas to De tax deductible, Mr. Thomas offered the following Resolution: (~23205) A RESOLUTION designating Ao N. GIBSON as Trustee for the Mill Mokmtai~ Wild Flower Garde/% Fund; upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Taubn~n and adopted By the foll~wlng vote: AYES: Coktncil members Garland, Grove, Tal~hm~n, Thomas, and Mayor Taylor .................................. 5. NAYS: None ................... 0. (Council members Bowles and Hubard absent} SCHOOLS: Council having elected Mr. Maury L. Strauss as a member of the Local Board of Virginia Western Commtmity College to fill the unexpired ter~ of Shlelds Johnson, deceased, ending June 30, 1978, Mr. Taubma~ offered the following Resolution: (~23206) A RESOLUTION appointing a member of the Local Board of Virginia Western Cc~m~unity College to fill the unexpired term of Shields Johnson, deceased, as a member of said Board. (For f~11 text of Resolution, see Resolution Book No. Mr. Ta%tbman moved the adoption of the Resolution. The motion was seconded by }tr. Grove and adopted by the following vote: AYES: Council me~bers Garland, Grove, T~,,B~-~ Thomas, and Mayor Taylor .................................. 5. NAYS: None ...................0. (Council members Bowles and Hubard absent} 471 ~40TIONS ~D NISCELLANEOUS BUSIHESS~ CITY EHPLOYEES~ Ha¥or Taylor presented a ccznmunication roc~ding that a ccmaittee of t~ree Council persons be ap~ointed to study and ~ake reccmnendations concerning the offices of the Director of Flnancew the City Attorneyw the Hunicipal Auditor and the City Clerk. (For full text, see c~unication as filed in the City Clerk~a Office. Hr. 6arland ~oyed that the Hayor be authorized to appoint three ~_e~hera of Council to fill this rec~nmendation. The motion vas seconded by Hr. Taub~an and adopted. Hayor Taylor appointed H~. Hllliam S. Hubard, Chairman, Hr. Hampton H. Thc/nas and Hr. HIcholas Fo Te"Sm~ aa ~rs of the committee. pLA~ING: Hayor Taylor reccmuended that Hr. Lucian Y. Grove replace Hz. Nicholas F. Taubman as the city representative on the Fifth Vlannin~ Die- trict Comnis sion. Hr. Thomas moved that Council concur In the recc~nendation of the Ha¥or. The motion vas aeconded by Hr. Tauh~an and adopted. JUVENILE DETENTION HOKE: Hayor Taylor recc~nmended that Hr. Lucian Y. Grove replace Hr. Nicholas F. Taubman as Chairman of the 3uvenile Detention Co,nitres. Hr. Thomas moved that Council concur in the rec~endatlon of the Hayor. The motion va~ seconded by Hr. Taui~an and CO~h~ITTEES: A nomination fo~u fro~ Hr. Hubard appointin9 Hrso Susan $. Goods as a member of the Citizens~ Blue Ribbon Long Range Planning and ~oal Settin~ Conuuittee, vas before Council. Hr. Thomas moved tha~ the appoin~ent be received and filed. The motion vas seconded by Hr. Taubman and adopted. HOU$ING-$LU~ CLEttR.~CE: The Hayor advised of a vacancy on the Housin7 Task Force C(~mlttee created By thc reslqnation of Hr. Haury L. Strauss for a term of one year ending ~uly 1, i977, and assigned to Hr. ~rove the re~onsibillty of bringing in a nomination for this vacancy. LIBIO~RIE$: The Hayor advised that the tliree year term of Hr. Evans E. Jesses as a member of the Roanoke publlc Libra~ Board expired on June 1976, and called for nominations to fill the vacancy. Hr. Taubman pieced in nomination the name of Hr. Evans B. There being no further nominations, Hr. 3eases vas reelected as a me~ber of the Roanoke Public Libra~ Board for a term of three years ending 3uno 30, 1979, by the follo~in~ vote: FOR HR. 3E$$EE: Council members Garland, G~ove~ Ta~l~ Thomas~ and Hayor Taylor .............. 5. {Council members Bo~les and Hubard absent) PF~SIONS: The City Clerk reported that Hr. Henry R. Riser~ Sr., has qualified as a member of the Board of T~ustees, Employee~~ Retirement System, for a term of One year endin7 June 30, 1977. Hr. Taubman moved that the report be received and filed. The motion vas seconded by Hr. G~ove and adopted. P~RSO~ DF~ARI'~t~ Th~ City Clerk reported ~hat H~. Ellis B, ~. T~-~n ~ved ~at ~e re~=t ~ received and fll~. ~e ~tion ~as seconded by ~. Grove ~d adopted. H~SING-S~ C~CE~ The C~ty Clerk red,ted ~a2 ~. C. F~ed ~s has ~alified as a C~ss~oner of ~e Clt~ of R~oke Redevelo~ent ~d Housin~ Au~o~lty for a te~ oE fo~ ~ears ~d~ng Au~sk 31, 1980. ~. Ta,,~n ~v~ ~at ~e re~rt ~ received and filed. The ~tion was seconded By ~. Grove and adopted. ~ SERVICe: The C~ty Clerk re,fred ~at ~. Payton H. Moore ~s qual~fied as a m~r of ~e ~viso~ ~ard of H~n Semites to fall ~e ~pired te~ oE ~s. VirginAa Snead ~ding Nov~r ~, 1~. ~. Tarn ~ved ~at ~e report ~ received ~d ~il~. The motion was second~ by ~. Grove ~d adopted. T~S~ The City Clerk reported ~at ~. J~es R. S~rinkle has ~al~fied as a m~er of ~e Rev~ue Study Co~ssion for a te~ of two years ending J~e 30, ~978. was seconded by ~. Grove ~d ado~t=d. CO~CIL: The ~yor advised, as a ~lnt of ~nterest, ~at Co~cil ~d received a ve~ nice note of appreciation from ~s. B~les for the fl~ers s~nt to her d~[ng her recent hospital stay. CI~ ~AG~-C~I~S: Reverend Leroy C. Roberts appeared before Co~ctl a~d advised ~at he was speak~g for h~elf and o~ers he had talked wi~, that ~ey are entirely in full support of Co~ci~ and do not agree w~ ~e Concerned Citizens ~at have appeared before Co~ci~ to preset ~elr peti- t~ons, ~at ~ese ~rsons had ~e right to do ~s~ but he would l~ke to ~ke it part o[ ~e record ~at ~ere are o~er cit~z~s in ~is c~[ty who are also suffering ~der hea~ t~ burdens ~d while ~ey feel ~ere are deep con- ceos ~out ~[s ~tter fr~ various vie~oints, ~ey would like to believe ~n ~e integrity of Cocci1, in its w~sd~ to ~ke sold decis[ons~ ~d ~at Co~c[1 has at its d~sposal ~e au~or~ty to l~k ~nto ~tters that are per- ta[n~g to ~e a~n~s~at~on of ~e city, ~ he would l~ke Co~cil to ~ow ~ere are citizens in ~e c~ity who are willing to fully sup~rt ~ and oppose ~e position of ~. Osbo~e ~d his group. of ~e CiViC Center Study C~ssion had be~ ch~ged fr~ 10:30 a.m., ~esday, to 10:30 a.m., We~esday. C~B~TIONS-~R DEP~-~S: ~. Ta~ advised that the rejuv~ated C~s~l Spring ~p House opted ~[s past weekend, ~at he ~dersto~ approx~tely 250 persons v~sited ~e facility ~clud[ng ~e ~yor, ~. H~ard, ~. H~er and ~elf, ~at ~t was ~ outst~ding ~ing to see, ~at ~y people had a great deal to do wi~ ~t, ~d moved ~at ~ appropriate Resolution be prepared £07 next ~ek~s agenda concerning the city's acceptance of this' new £acllit¥' ~lthi~ ~e bounds o£' what has bean determined heretofore. The motion vas seconded by ~l~. G~ove and adopted. SL~I~S AND S~ORH DRAINSs }ir. Haner sul~ltted a verbal report advising of an emergency situation ~ei~tive to the NorfoL~ Avenue brick storm drain which crosses under the Norfolk end Western Railway, that there exists a need for emergency repairs which will cost approximately ~44,000.00 to $45~000.00, that it is not certain at this tl~e If the responsibility lies with the city or N & W, and requested authorisation to proceed on an emergency basis in the mtter with N & W, realizing that the monetary aspects will have to be worked out at a later date. }ir. Thomas moved that Councl! authorize the City ~anager to negotiate with the Norfolk and Western Railway Company on the matter and take such action as he deems necessary and proper and report back to Council when it has been takan. The motion was seconded by Mr. T~m~n and adopted. pARKS AND PLAYGROUNDSI Council having delayed until the end Of the meeting a proposal of the Roanoke Jayceesw Incorporated, concerning establish- ing a tax exempt corporation to operate the Mill ~ountain Children~s Zoo, Mr. Eugene M. Elliott, Jr., Chairman, Mill Mountain Zoo Committee~ Roanoke Jayceea, ~ncorporated, appeared halore the body advising that the Jaycees hope t9 ad¥=r- rise through cooperation of the local Chamber of Commerce out to various tourist information centers for several hundred miles around to try to get traffic off the Blue Ridge Parkway to the zoo, that they feel they can Operate the soo for one year to see how it goes and they have some gifts to enable them to do this, that during this time they can get the feel of public response and attendance and find out how successful their efforts are and also the respense in respect to patrons, that if successful it is their intention to update and expand the zoo with larger animals and have a place for children and family entertainment, that the Mill Mountain Development Com~ttee has been very helpful, that they feel the actual untity rurh~ing this should be a separate corporation for tax reasons so that anyone wishing to contribute could have this tax deductible, that they would llke not to have the zoo closed this year before they can take it over and perhaps the season could be extended to October l, that they could try to have some on location broadcasts and have public support ~nd donations from people attending the zoo and in the next month get into a full-fledged fund raising drive. Mr. Ta,~m~ compllm~nted the proposal, stating that the zoo would have been closed had the Jaycees not endeavored to undertake something, that there ~ay be some few things in the proposed lease to be straightelled out, and moved that the entire ~atter be referred to the City Attorney a~d the City Manager for prompt action so that the matter ~ght get u~derway as quickly as possible. The ~otion was seconded by Mr. Grove and adopted. .! Re. Garland questioned the status of the zoo e~loyees, as to vhether they ~ould still be on the city payroll, whereupon, H~. Elliott advised they ~ould be on the payroll of the corporation m~nning the soo, that this seems tO be aqreeable to ~he e~ployees 1£ something can be worked out that is reasonable tn the way of benefits, and he thinks that can be dune. Hr. H. Carl ~ndrews, Chairman, Hill Hountain Develo~aenb Co~ttee, appeared before the body advising that lb was the unanimous recomnendatlun of the Co~lttee that this proposal be approved, remind/n9 Council of Its commit- ment to keep Hill Hountain as a park, and also advising that the Comnittee has assured the Jaycees the shelf te the south of the present zoo could be used for expansion purposes. There being no further business, the Hayor declared the meeting adjourned. ATTEST: Deputy City Clerk APPROVED Mayor 475 476 COUNCIl., REGULAR MEETING, Monday, August 30, 1976. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, city of Roanoke, at 7=30 p.m., Monday, August 30, 1976, with Mayor Noel C. Taylor presiding. pRESENT= Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Taubman, Hampton W. Thomas and Hayor Noel C. Taylor .............................. 7. ABSENT= None ...............................0. OFFICERE PRESENT= Mr. Byron E. Haner, Clty Hanager; Mr. Sam H. McGhee, III, Assistant City Manager; Mr. James N. Kincanon, city Attorney; Mr. James E. Buchholtz, Assistant City Attorney; Mr. A. N. Gibson, Dlreotor of Finance; and Mrs. Mary F. Parker, city Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Alvin O. Jackson, Pastor, Loudon Avenue Christian church. pROCLAMATIONS= The Mayor advised that he is proclalming the week of September 5 - 11, 1976, as Women in Construction Week in the city of Roanoke in observance of the founding of National Association of Women in Construction. CObL~CI~: The Mayor presented copy of a oonununication from the Board of county Supervisors of Roanoke County inviting the members of Council and the City Manager to a dinner meeting beginning at 6:30 p.m., Wednesday, September 8, 1976, in Roo~ 'C' at the Sale~-Roanoke Valley Civic Center to discuss matters of mutual concern. The Mayor then requested that the City Clerk poll each member of Council to determine the actual number who will be in attendance and advise Roanoke County representatives. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Coancil having set a p~blic hearing for 7:30 p.m., Monday, August 30, 1976, on the request of Mr. Donald D. Berglund that property located at 122 Thurston Avenue, 126 Thurston Avenue and 130 Thurston Avenue, N. E., des=ribed as Lots 25 - 30, inclusive, Block C, Map of Willian~on Groves, Official Tax Nos. 3000917 - 3080919, inclusive, be rezoned from RE, Duplex Residential District, to C-2, General Ccm=ner¢ial District, the matter was before the body. In this connection, the City Planning Commission submitted a written report recommending that Council grant the request to rezone property located at 122, 126 and 130 Thurston Avenue, N. E., and further recc~m~ending that Council deny the request to rezone property located at 125-127 and 123 Maddock Avenue, N. E., described as Lots 47 - 50, inclusive, Block C, Map of Willi~mson Groves, official Tax NOS. 3080906 and 3080907 from RD, Duplex Residential District, to C-2, General Com=~ercial District. (For full text, see report as filed in the City Clerk's Office.) By letter dated July 29, 1976, Mr. Viar withdrew the request to rezone 125 - 127 and 123 Maddock Avenue. Hr. Vlar appeared before Council in support of the amended request of his No one appearing in opposition to the request for resorting, )ir. Hubard moved that the following Ordinance be placed upon its first reading~ ([23207) AH ORDIHA~CE to amend Title XV, Chapter 4,1~ Section 2, of The Cede of the City of Roanoke, 1955~ as amended, and Sheet No. 308, Sectional 1966 Zone Hap, City of Roanokef in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. The motion vas seconded by Hr. Taul~nan and adopted by the follo~ln~ Thomas and Hayor Taylor ............................... 7. ZOHING-ANNEXATION: Council having set a public hearing for ?:30 p.m., parcel of land fronting on Cove Road, N. W., located approximately 675 feet Tax No. ~140105, be resoned frc~ RS-3, Single Family ~esidenttal District, to C-l, Office and Institutional District, the matter vas before the body. In this connection, the City planning Commission submitted a ~r~itten (For full text, see report as filed in the City Clerk's office.) The Chairman of the City Planning CoI~ission appeared before Council and advised that this particular tract of land was part of tile amnexatlon zoned for business in the County. On the initial study of the property, the City Planning Co~mission felt commercial was not an appropriate classification to Council and Council referred it back to the City Planning co~ission for reconsideratioa. The Planning Co~lission held a public hearing at which ti~e the business classification in the County was obtained for the purpose of providin! be obtained in an educational area t~ough special exception filed with the Board of Zoning Appeals and this is why the Commission recommended to Council that the classification not be changed. County had rezoned the property to business since no notification was given Conncll deny the rezonlng for the following reasons: (1) not only is the driveway adjacant to the lot nsed-~s a bus s%op six tlJaes each school day, but also there 4~.? 478 and frca#illia~Pleming High School, (2] the lot ia at a bad curve and traffic incident with most C-i zoned sites ~ould add extra hazard where there has already been several bad accidents, (3} property values in the area would be adversely affected, [4) with several other small vacant lots located within this area where a m~Jority of the houses are over ten years old, such a rezoning could set a disrupting precedent. (For full text, see petition as filed In the City Clerk's office.} Hr. John C. Eakin, 3525 Cove Road, N. W.~ stated that there is a great deal of traffic on the street with parents and students going to and frc~Wllliam Fleming High School and Ruffner Junior High School and requested that the property remain residential, Mr. and Hrs. Thc~as L. Cooney,-360? Cove Road, N. W., advised that they own the property adjacent to this tract of land and they have never received any type of notification of rezonlng, that they purchased the property for residen- tial reasons and would like for it to b~ kept that way. The Chairman of the City Planning Co~I~ission advised that it was impractical to notify all property owners in the 16 miles of annexed terr£tory~ however, in normal rezonings notification is given to adjoining property owners. ~r. Leon Thacker appeared before Council and advised that he purchased the property two or t/=ee years ago with the intention of building a day car~ center, that he spent approximately $?00.00 in attorneys fees in the County to get the property rezoned, that letters were mailed to the property owners in the area advising them of the intent to rezone and the Board of Supervisors also advertised in the newspaper. Hr. Thacker further advised that the land is not sultable for reside/ltial purposes and, in the past several members of Council stated that it was their intention to rezone annexed property in a c~perable classif£cation to what it had when it was in the County. Mr. Thc~nas stated that }tr. Thacksr~s land was zoned for a day care center in the County and since he was annexed, anything he could do with his property in the County, he should be able to do in the City, that it seems the intent of Council was made clear that it wanted to try to put those people who were annexed in as near the sane position as possible in respect to zoning as they had prior to annexation, and for that reason moved that the foll~wing Ordinanc~ be placed upon its first reading: (%23208} AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, a~d Sheet No. 644, Sectional 1966 Zone M~p, City Of Roanoke, in relation to Zoning. (For full text of Ordinance, see ordinance Book No. The motion was seconded by Mr. Garland and the following roll call vote was recorded: AYES= Council members Garland, Tauhman, Thomas and Mayor Taylor ..................................................... 4. NAYS= Councll members Bowles, Grove and H~bard--3. In view of a petition signed by residents in oppesl%lon to the request for rezoning having been filed, the City Attorney called attention to Section 62 of the City Charter which provides ~hat in case of a protest against a change signed by the owners of twenty per cent or more either of the area of the lots included in each proposed change, or of those /~m~ediately ad~oin~ng in the rear thereof, or of those directly opposite thereto, such amendment shall not become effective except by the favorable vote of five-sevenths of all the members of Council, and stated that he will review the petition and advise Council at its next regular meeting as to whether or not Ordinance No. 2]208 requires five affirmative votes of the Council for passage. ZONING= Council having set a public hearing for 7=30 p.m., Monday, August 30, 1976, on the request of Bertha C. Wilson and Gary Andrew Wilson that property located in the 900 block of Sale, Avenue, S. W., and the 900 block of Rorer Avenue, S. W., described as Block 23, F. Rorer /&ap, Official Tax Nos. 1111502 - llllS0S, inclusive, and 1111510 - 1111516, inclusive, be rezoned from RG-2, General Commercial District, to LH, Light Manufacturing District, the matter was before the ~ody. The City Plaruling Commission submitted a written report recommending that the request be approved. (For full text, see report as filed iA1 the City Clerkts Office.} No one appearing in opposition to the request for rezoning, Hrs. Bowles ~ovnd that the following Ordinance be placed upon its first reading: (%23209) AN ORDINANCE to amend Title ~.~, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 111~ Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Garland and adopted by the followlng vote: AYES: Councll me,bets Bowles, Garland, Grove, Hubard, Taub~nan, Tho~as and Mayor Taylor ............................... 7. NAYS: None .................................0. OPPORTUNITIES INDUSTRIALIZATION CENTER: Hr. Charles Burnett, President, The Young Workers Association, appeared before Council and read a prepared stateme~ relative to the work of The Young Workers Association during the su~ner through a program formed by Mr. George E. Franklin, Executive Director of Opportunities Industrialization Center in cooperation with City Council. (For full text, see statement as filed in the City Clerk's Office.) Mr. Bur~ett then called upon Reverend Leroy C. Roberts who presented Certificates Of Appreciation to the Mayor, members of Council, and the City' Hanager and also presented am Award of Appreciation to Mr. George E. Franklin. Mr. Grove moved that Mr. Burnettts statement be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. 480 BUDGET-CO/~ONWEALTH~S ATTORNEY~ A cc~unication from Mr. Robert F. Rider reguesting permission to further discuss his request of July 26 for appropria tions to cover certain dues and machine rentals and various supplies and expenses, was before Council. The City Clerk advised that Hr. Rider has requested that action on this matter be deferred until the next regular meeting of Council. Mr. Taubman moved that Council concur in the request. Tho motion was seconded by Hr. Thomas and unanimously adopted. PETITIONS AND COM24UI~ICATIONS~ BUDGET-SCHOOLS= A cc~munication from the Roanoke City SchOol Board requesting that Council appropriate $15,962.00 to Section ~15000, 'Adult Basic Education,' of the 1976-77 budget, $12,462.00 to be reimbursed by federal funds and $3,500.00 in local matching funds to be transferred from Account 11196 of the SchOol Board budget, was before Council. (For full text, sea communication as filed' in the City Clerk*s Office.) Mr. Grove offered the following emergency Ordinance appropriating the requested funds: (#23210) AN ORDINANCE to amend and reordain Section ~15000, 'Schools - Adult Basic Education,' of the 1976-77 Appropriation Ordinance, and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the fo11owlng vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................. NAYS: None ....................................0. COMPLAINTS: A communication from Hrs. R. H. Ragland in connection with a notice received from the city to cut the weeds off her lot on Winding Way Road, advising that she gave the city permission to cut the weeds since she could not attend to it due to the fact that she must be out of the city for long periods of time, complaining that the bill in the amount of $926.28 is too high, that more than weeds were removed from the lot, and requesting that the bill b~ reviewed. (For full text, see comunication as filed in the City Clerk's Office.) The City Manager advised that two cemplaints were received on this property, that notice was given to Mrs. Ragland to have the lot cleared and she responded by asking that the city handle it and bill her accordingly, that the city waited six weeks before proceeding in the hopes that Mrs. Ragland would reconsider and have the work done, that a total of 136 man hours went into the clearing of the lot at a cost of $584.00 for labor, $259.20 for equipment, $74.00 for dump fees and $10.00 penalty fee and also pointed out that no trees were cut. Due to extenuating circumstances, Mr. Taubman asked the City Hanager if he could recc~uu~nd a compromise, whereupon, the City Manager replied that the city should be reimbursed for the 1abet, dump fees and penalty, that he could recommend that the equipment charges be waived, but if this is done, Council should realize that it may be setting a precedent for future requests of this nature o Hr. Taubman moved that the bill An the amount of $926,28 less $259,20 for equipment be resu~x~ltted to Hrs. Ragland for paym~nto The motion was seconded by Hr. Thc~as and unanimously adopted. TPA~FIC-SCHOOLS-A~ATION~ A communication frc~ Hr. William P. Clark, Clerk, Roanoke County Board of Supervlsorst transmitting copy of Resolution No. 1583 adopted by the Board on August 17. 1976. requesting that Council provide a crossing guard at the intersection of Peters Creek Road and the entrance to the Northside School facilities, and also that Council respond favorably prior to September 1, 1976, was b~fora the body. (For full text, see Resolution as £11ed In the City Clerk's Office.) Hr. Clark appeared before Council and explained the position Of the County In respect to the matter. The City Manager stated that a crossing guard is not needed at the location since there are only six children who cross the roadway, that what this request amounts to is to control the flow of traffic for buses that are north- bound, and it is his opinion that a full t~me crossing guard is not justified. Hr. Tau~nall expressed tho opinion that there ara merits to both sides of the question andt for that reason, moved that the ~atter be referred to the City Manager for the purpose of working out an administrative determina- tion with Hr. Clark amd that the City Manager bo requested to report his recommen- dation to Council at a later date. The motion was seconded by Hr. Thomas and unanimously adopted. SEWERS A~D STO~DRAINS-ANNEXATION: In view Of the fact that Hr. William F. Clark, Executive Officer Of Roanoke Countyt was present and there was scheduled at a later point on the agenda a report of the Water Resources Committee in which Hr. Clark was interested in addressing the Council, Hr. Thanes moved that the report be taken up at this point. The motion was seconded by Hr. Eubard and unanimously adopted. Hr. Th~nas, Cha£rman of the Water Resources Comm/ttee, then presented a written report advising tha~ at its meeting on August 25th the City Hanager advised of the need to coanect to Roanoke county P~blic Service Authority sewer lines in the a~nexed area under the terms of the Sewage Treatment Contract and if there is presently excess capacity in the lines, the City Attorney advised that the City has a clear right to ~ake connections in compliance with the contract, and the comndttee concurs in the City Manager exercising this right. (For full text, see report as filed in the City Clerk's Office.) Mr. Clark advised that the County does not agree with the interpretation of the City Attorney, that much has been said about valley eooparatlon and tapping onto County sewer lines would not be in the spirit of cooperation, that the two governments are in the process of negotiating on the lines, that if the city proceeds, the County will have ne choice but to seek an injunction through the courts to prohibit this course of action. Hr. Clark added that the County has no desire to delay development of any pro~erty, but at the same t~me they do not feel they ca~ abrogate their right to these lines. 48:[ 4'82 In further explainin~ the position of t~e County. H~. Clark made reference to a statement by the County Attorney that he would be willing to rec~nend to the Board of Supervisors and the Roanoke County public Service Au~hority the establishment of some mutually agreeable escro~ account between the City and the County Into which the developer could pay his connection fee, that he would pay the higher charge and when the ~atter is settled, whether through the sale of the lines or declaratory judgment suit, the developer ~ould get a refund with interest if it was determined that the lo.er charge should be hnt~sed · H~o Thanes stated that (1) this is the first tJ~e the city has heard anything in respect to a proposal relative to an escro~ agreement and (2) the Water Resources Committee, on two occasions, talked with the administration and the City Attorney's Of/ice about declaratory ~ud~ment and it his understanding that numerous reguests were made of the County in respect to designating those lines that had excess capacity. In further discussion oi the matter, Hr. Thoma~ added that there will be no irreputable harm to the citizens who want a connection ££ it is done no~, that the only two things he can see from the Committee's standpoint is the right to control the lines and the right to revenue received from the connect£ons, that if the citizens have to wait until certain figures are received, we are not helplng the Cou~tyts or the City's growth and suggested that the City move ahead with the connections and at the sa~e time the concerned parties could seek a friendly declaratory judgme/%t suit in the Circuit Court. Hr. L. $. Waldrop, Chairman, Roanoke County Public Service Authority, appeared before Council and advised that no one is trying to hold back infor~a- tlon~ that Hr. Rossie has worked very closely with Hr. Kiser and as far as he knows there have been no communication gapst that it would see~ some ty~e of escrow agreement could be establlshed whereby these funds could be paid in sc~e manner in order that development may continue. Hr. Thomas suggested that a possible course of action might be to provide that the City will proceed with the hook ups now with the understanding that a full exchange of information will be had with the County, and at the same t~me the City and County will move toward a friendly declaratory judgment suit in the Circuit Court. Mr. Waldrop replied that this suggestion would have merit, but the main thing is not to curtail development, that the procedure would have to be left up to the attorneys to be worked out. Hr. Thomas moved that the Couacil concur in the recc~mendation of the Water Resources Committee that the City Manager be permitted to ~ake the hookups with the understanding that the City Attorney will cooperate with the County Attorneys in proceeding to bring the matter to friendly declaratory judgment suit in the Circuit Court as promptly as possible. The motion was seconded by Hr. $ubard and unanimously adopted. m PLAK~ING~ A cc~nunication fro~ Hr. Ja~es W. Burke~ 3to ~ t~dezlng to a conflict In seeing on bo~ ~at C~ssion and ~e Ro~oke City Sch~l (Fo~ full text, see c~lcation as f~led In ~e City Clerk's Office.) Hr. H~ard ~ved ~at ~e c~lcat~on ~ received and accepted ~l~ ze~ret. The ~lon ~as seconded by ~. Tarn ~d ~an~usly adopted. ST~TS ~ ~YS~ ~ applicat~on of ~. J~s H. ~er~ Attorney~ representing Dr. Jo~ E. Gar~er~ Jr., re~est{ng ~at a o{ ~at certa{n a~e~ay extenO~ng in a westerly d{rection between Bl~k ~ch~ge Building & ]nves~ent C~pany ~p, ~4 ~ock ~, Janette ~n4 Map~ be vauated~ d~scont{nued ~d closed~ was b~{ore (For fu~ text, s~e appl{uat~on as {l~d ~n ~e City Clerk's ~. Hubar4 offereO the roll,lng Resolution prov~{ng [or the ap~nt- (%23211) A ~OL~ION providing for ~e ap~n~ent of fiv~ free- holders, any ~ree of ~h~ ~y act, as viewers ~n co~ect~on wl~ ~e applica- t{on of Jo~ E. Gar~er, Jr., to pe~ently vacate~ discontinue an~ a ~rtion of that certain al~e~ay ~xtending in a westerly d~rect~on b~tween Block 14, ~c~nge BuilOing & Inv~t Company ~p, anO Bl~k ~, Janette ~nd Company ~} an~ r~{~rring ~e proposal to th~ City Pla~ing Co~ission for study and rec~endation. (For ful~ text of Reso~ution, s~e Reso~ution ~mok ~o. ~. Hubard moved the adoption o~ the Resolution. The motion was secon4ed by Mrs. Bowles an4 adopted by the following vote: ~yor Taylor .....................................6. NAYS = None ............................ 0. (~. Tho~s was out of ~e Co~ci~ cheer) ~. HubarO moveO ~at the ~tter be r~ferred to th~ City Pla~ing C~sion for study, re~rt and reco~datlon to Co~cil. The motion was s~conded ~y ~s. B~les anO adopted. BU~ET-G~S= The City ~nager s~ltte4 a written report advising ~at ~e C~ity Services A~inistration has not~fle~ ~e Chai~ of Policy Board of ~e Roanoke Consorti~ for ~p~er Se~ices ~at ~e Co~ty Se~ices A~nistration S~er You~ Recreation Progr~ Grant for ~e peri~ J~ 4 to Sept~er 30, 1~6, has been au~orlzed in ~e ~o~t of $~650.00 anO a check has been r~ceiv~d for s~e, ~d rec~ending ~at said ~o~t appropriated to the Grant Progr~ Accost. (For ful~ text, se~ r~port as file4 in ~e City Clerk's Office.) ~. Tarn offere~ ~e fo~l~ing ~erg~cy Ordinanc~ appropriating ~e requeste4 483 484 ([23212) AN ORDXi~,NCE tO amend and reordain the City of Roanoke"s 1976-77 Grant program Accotmt, and providing for an emergency. (For full text of Ordinance~ see Ordnance Book No. Hr. Ta-~m~n moved ~he adoption of tho Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote~ AYES~ Council members Bowlest Garlandt Grove~ Hubard, Ta-~- and Mayor Taylor ................................. 6. NAYS= None ........................0. (Hr. Thomas was out of the Council Chamber) TAXICABS: The City Manager submitted a written re~ort in connection with Ordinance No. 23204 which permits the revised taxi driver fee, advising that the Ordinance does not relate to the fee for taxi driver permit renewals which are now $10.00, and recon~nending that Section 31, Chapter 1, Title XIX, of the City Code, be modified to establish the renewal fee at $5.00. (For full text, see report as filed in the City Clerk's Office.) Hr. Grove offered the following emergency Ordinance amending Ordinance No. 23033 authorizing the above recommendation: (t23213) AN ORDINANCE amending Ordinance No. 23033, adopted June 23, 1976, so as to emend and reordain Sec. 31. Same - Form; duration; renewal., of Chapter 1, Title XIX, of The Code of the City of Roanoke, 1956, as amended, to provide for a $5.00 fee for a taxi driver license re,~ewal, ~,= application of said fee to be retroactive to July 1, 1976; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Grove moved the adoption of the Ordinance. The motion was seconded by Hr. Rubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman and Mayor Taylor ............................... 6. NAYS: None ..........................0. (Hr. Thomas was out of the Council Chamber) SEWERS ARD STORM DRAINS: The City Manager sul~mitted a written report advising of necessary repairs to the Norfolk Avenue storm drain, that the city should agree to proceed with this work with all haste, that after the project has been completed discussions should be held with Norfolk and Western Railway as to the legal responsibility of each party on the cost thereof, and recommending that he be authorized to execute a contract with Armco Corporation for this corrective work in the amount of $44,940.00. (For full text, see report as filed in the City Clerk's Office.) Mr. Taubman offered the following Resolution approving the emergency action: (123214) A RESOLUTION approving certain emergency action of the City Hanager taken to repair the NorfoLk Avenue storm drain. (For full text of Resolution, see Resolution Book NO. Mr. Ta-~n moved the adoption of the Resolution. The motion was seconded byHr. Garland and adopted by the following vote: AYF.~ Cotme:L1 m~ers Bowies, Garland, Grove, H~a:~, Th~s ~d ~yor Taylo~ ......................... ~YSI None ............................ 0. ~. Ta-~n ~vea ~at ~e re.ri ~ carrie~ on ~e list o[ ~nding lt~ c~p~led by ~e C~ty Clerk each ~n~ ~n order ~at ~e Co~cil will be ~[nded cE the ~t~ on a pr~pt schedule. The ~t~on was seconded by H~ard ~d ~an~usly adopted. P~ ~ P~YGRO~S~ The City ~nager s~ltt~ a written re~rt ~n co~ect~on w~ ~e ~keover of ~e H~ll Mo~ta[n ChLldrents Zoo by Ro~oke Jaycees~ lncor~rated~ ~der ~e cor~rate n~e of H~ll ~o~taln Z~ ~ncor~rated, transmitt~ng a =evised agre~ent by which Hill Ho~ta~n Z~, Inco~rated~ would ass~e full responsibility for ~e o~rat~on o~ ~e Zoo on ~tober ~ ~976, ~at th~s would provide for a f~ve year facility ~der ceftin te~ and conditions, and, In addition, ~1~ Mo~tain Z~, Incor~rated, has re~ested pe~ss~on for the continued o~rat~on of ~e Zoo after ~r Day, that M~ll Mo~tain Z~, Incor~rated~ has agreed to provide a gro~ds keeper ~d gate kee~rs during ~e ~nter~ takeover on ~to~r I in ret~n for ~e city pe~tt[ng ~ to reta~ gate receipts. (For full text, see report a~ f~led ~n the C&ty Cl~k'a ~. Garl~d offered ~e foll~ng ~ergency urdina~c= ~gaging the t~pora~ se~ices of Z~ill :~o~tain Zoo, Incor~rated: (~23215) ~{ O~I2~:CE au~horizing the City :~nager to ~gage the t~rary se~ices of Mill Mo~tain Z~, Inc., to t~rarily assist in ~e operation of ~e City's Mill Mo~tain Children's Z~, upon certain te~ provisions; and providing for an ~ergency. (For full text of Ordinance, see Ordin~ce ~ok No. Mr. Garl~d moved ~e adoption of ~e Ordin~ce. The motion was seconded by Mrs. B~les ~d adopted by ~e roll,lng vote: ~s ~d ~yor Taylor ......................... 7. NAYS: None ...........................0. In reference to a proposed Ordinance relative to ~e lease agre~ent wi~ Mill Mo~in zoo, Incorporated, the City Attorney rec~ended ~ ~nd- ment to provide ~at ~e lease agre~ent not be assigned or transferred by ~e lessee or ~e praises be s~let wi~out prior written approval of ~e City Cocci1. ~. H~ard moved ~at Co~cil approve ~e ~en~t. The motion was seconde~ by ~. Tarn and ~ously adopted. ~. Garland ~en moved ~at the following Ordln~ce as ~ended be placed u~n its first reading: (%23216) ~ O~I~CE authoriz~g ~ecution of ~ agre~ent wi~ Mill Mo~tain Zoo, Inc., providing for lease to and operation of the Mill Mo~tain Childrens' Zoo by said org~lzation for a te~ of years, upon certain te~ ~d conditions. 485 ~48'6 (For full t~xt of Ord~z~ce~ see OrdJ~lar, ce Book NO. The motion was aeconded by l~e. ~les ~d adopt~ by ~e AY~ CO~C~I m~ers ~wles~ Garl~d~ G~Ve~ E~d~ Ta~n~ T~s and ~yor Taylor .............................. ~YS~ None .................................0. CI~ ~YE~t The City ~ager s~tted a ~itt~ re~rt trans- mitting a perso~el vac~ listing as of Au~st 24, 1976, ~d ~e l~st~ng of ~plu~t op~rt~ltles wl~ the C~ty of R~noke as of ~e s~e date. (For full text, see re~rt as f~l~ ~n ~e City Clerk's Off~ce.) ~. Th~s ~v~ ~at ~e re~rt ~ received and filed. The ~tion was seconded by ~. Ta~ and ~ously adopted. ~. Ta-~m~n re~ested ~at Co~c~l ~ furnished w~ a re~rt each ~n~ which shes ~e n~r of ~r~o~el slots available ~ each depar~ent, ~e n~r of positions filled and ~e n~er of vac~c~es ~n each depar~ent, advising ~at ~s t~ of re~rt provides ~e Co~cl~ wl~ ~re insight into each depar~t · ~GE ~OV~= The City ~ager 2~ltt~d a ~tten re~rh r~uesting au~ority to execute such doc~ents de~ed necessa~ by the City Attorney [n order to tr~sfer o~er~hip of c~tain landf~ll e~ent fr~ the city to ~e Rom~oku Valley ~egional Sol~d Waste ~nag~t Boa~, for use at th~ regional {For full t~xt, s~e re~rt as f~led ~n ~he City C~k~s ~. Hubard moved ~at ~e fo11~ing Ordinance au~orizing ~e of o~ership of ~e ~ipment be placed upon its first reading: (%23217} ~ O~I~CE authorizing ~e City H~ager to trans[er o~ersh[p of fo~ (4) p~eces of ~e city's landfill ~u[~t to ~e Ro~ok~ Valley Regional Sol~d Waste ~nag~ent B~rd upo~ certain te~ and conditions. (For full text of Ord[n~ce, see Ordin~ce Book No. The motion was seconded by ~. Tarn and adopted by ~e following Th~ ~d ~yor Taylor ............................ 7. ~TH DEP~T= The C~ty Manager s~tted a ~itten report au~or~zation to enter into agre~ents wi~ certain hospitals for hospitalization ~d outpati~t ~ea~ent for indigent persons for ~e per~ fr~ July 1, 1976, to J~e 30, 1977. (For full text, see re~rt as filed ~n ~e City Clerk's Off~ce.) ~. Tarn o[fered ~e fo[l~ing ~erg~cy Ordin~ce au~or~z~ng ~e contracts to ~ entered into: (~2~2~S} ~ O~I~CE au~oriz~ng certain con,acts to be ~tered into w[~ certain hospitals to provide hospi~lizat[on ~d ~ea~t of indigent or medically [nd[g~t patient; f~xing c~tain rates to be paid for such se~ices d~ing Fiscal Year 1976-1977~ ~d providing ~or ~ ~ergen~. ng (For full text of Ordinance, see Ordinance Book No. Hr. Ta-~ moved the adoption of the ordinance. The motion was seconded by }tr. Grove and adopted by the folloving vote: AYES: Council m~nbere Eo~rles~ Garland, Grove, Hubard~ Thomas and Hayor Taylor .............................. NAYS: Hone ................................0. RUDGET: The Director of Finance submitted a financial report for the month of July, 1976. (For full text, see report as filed in the city Clerk's Office.) Hr. Bubard moved that the report be received and filed. The motion was seconded by Hr. TaubD~n and unanimously adopted. BUDGET-CLERK-COMMITTEBS~ The City Clerk presented a report advising of a request of Hr. W. Bolling Izard, Chai~man, citizens' Long-range Planning and Goal Betting CO~nittee, for sixteen copies of the McKinsey Report, that it will cost approximately $100.00 to reproduce said copies, and if Cohutcil is agreeable, it is requested that $100.00 be appropriated to Materials and Supplies under Section I0102, 'Clerk," of the 1976-77 budget. (For full text, see report as filed in the City Clerk's Office.) }Ir. Ta%guman offered the following emergency Ordinanco appropriating the requested funds: (t23219) A~{ ORDINANCE to a~end and reordatn Section ~0102, "Clerk," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Councll members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................. 7. NAYS: None ................................ 0. REPORTS OF COMMI~EES: SEWERS AND STORM DRAINS: Mr. Thomas, Chairman of the Water Resources Ccm~nittee, s~bmitted a written report transmitting a draft Council report and accompanying information, recommending that Council authorize the City Manager to seek an increase in the project scope of the Sewage Treatment Plant Expansion Contract E, to include the Vinton connection in accordance with said draft report and documents. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the report and that the matter be referred to the City Attorney for preparation of the proper measure, if necessary. The motion was seconded by Mr. Hubard and unanimously adopted. WATER DEPARTMENT: Hr. Thomas, Chairman of the Water Resources Committee, subadtted a written report reco~ending that Council authorize the City Manager to purchase the Edgewood Water Works Company assets located within the city for the sum of $10,000.00, upon certain terms and conditions. (For full text, see report as filed in the City Clerk's Office.) '4118 ~4r, Thc~s offered the ~ollowlng emergency Ordinance authorizing the c~t~s o~fer to p~chase ~e c~ (J23220) ~ O~I~CE au~o~Lz~nq ~e C~t~s oEfe~ to purchase ~e Edgew~ Water Works C~pany~ assets of its private water syst~ l~ated ~n ~e not,western section o~ ~e c~ty for a consideration of $~0~000.00, u~ certain te~ and condit~ons~ and providing for an ~rgen~. [For full tex~ of Ord~n~ce, see Ordinance ~ok No. ~. Th~s ~ved ~e adoption of ~e Ordinate. The ~t~on was seconded bye. Ta-~n and adopt~ by the foll~ing vote= Th~s ~d~or Taylor ............................. ~YS~ None ............................... 0. CI~ ~Y~-P~ING= A re~rt of ~e Perso~el Board In connec- tion wl~ a hearing on Au~st 19, 19~6, relative to ~e grievance o~ ~. ~ar Me~elste~n, foyer ~anager of ~e Pla~[ng De~ar~nt~ concerning te~nation oE h~s ~s~t~on in ~e recent budget cuts~ requesting that clear and guidelines and proced~es be est~l~shed by proper Ordinate in order for the Beard to f~ct~on properly to render a ~alr and just reco~dation in ~d all griev~ces, was before Co~cil. (For full t~t, see report as filed ~n ~e City Clerk's Buc~oltz, Assistant City Attorney~ ~der date of August 6, 19~6, ad~es~ed to ~. Fred Weaver, advising ~at it appears ~e City M~ager ~de a~n~s~ative dete~nat[ons wi~ respect to job ~s[tions or classif~cat[ons~ followed by rec~endations to ~e Cocci1, ~d that ~e Co~cil~de ~e poli~ dec[s[o~ to a~lish several job =lasslfications ~ng which was ~e job classification filled by the ~loyee ~r~or to h~s te~nat~o~, that a ~ol~cy ~ec~sion of City Co~cil is not gri~vable before ~e Perso~el Board, however, p~su~t to Title [I~ Chapter 13, Section 10 of ~e City C~e, it would se~ ~e int~t of ~e Cocci1 ~at an ~p~oyee whose pos~t~on has be~ e[~[nate~ ~y have ~ r~ght, should he desire, to have ~e case hear~ by ~e Perso~el Board whlch~y, on such hearing, ~ke such recordations to ~e Co~cil as it s~es lit wi~ res~ct to ~e foyer job classlf[cation. ~. Ta~n ~en ~qulred of ~. Buc~oltz as to wh~er or not any~[ng has hap~ned s~nce ~is August 6 re~ort to change his response, whereu~n, ~. Buc~oltz replied in ~e negative. ~. Ta~ stated ~at ~. Buc~oltz ~pres2ed a v~ clear opinion on ~e~tter ~d moved ~at Cocci1 ins~uct ~. Buc~oltz to c~cate With ~e P~rso~el ~ard or ~e Chai~n of ~e Perso~el Board for ~e pu~ose of again presenting his Au~st 6~ c~ication ~d providing clarification of ~e. The motion was seconded by ~. H~ard and ~an~ously adopted. ~. H~ard m~ed ~at Co~cil [ns~uct ~e City Atto~ey to have represen~t~on on ~half of ~e Co~c~l at ~e Perso~el ~ard hearing wh~ ~s ~tt~r ~s again considered. The mot~o~ was seconde~ by ~. Grove ~d ~usly adoptS. I;~INISH~I) BUSINESS= NONE. CONSIDERATION OF CLAIM~= NONE. INTRODUCTION AND CONSIDERATIOI{ OF ORDINARCES AND RESOLUTIONS= EAS~ENTS-C & P TELEPHONE COHPANY-PARKS AND PLAYGROUNDS= Ordinance No. 23202 authorizing and directing the proper city officials to execute and deliver a certain deed of easement to the Chesapeake and Potomac Telephone Company of Virginia to provide telephone service for the c£ty~s facilities on Hill Mountain as well as other customers, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Thomas offering the following for its second reading and final adoption= (%23202) AN ORDInaNCE authorizing and directing the proper city officials to execute and deliver a certain deed of easement to the Chesapeake and Potomac Telephone Company of Virginia. (For full text of Ordinance~ see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hrs. Bowies and adopted by the following vote= AYES= Councilme~abers Bowles, Garland, Grove~ Hubard, Ta~bman, Thomas and Hayor Taylor ........................... 7. NAYS= None .............................. AUDITORIUm-COLISEUm: Ordinance No. 25203 authorizing aha for an amendment to tho city's lease and conces=lon agreement dated August 1, 1973, withAmerlcan i~tor Inns, Incor~orate~, having previously been before Councll for its first reading, read and adopted on its first reading and lald over, was again before the body, Mr. Hubard offering the followlng for its second reading and flnal adoption: (~23203) AN ORDINANCE amending Ordinance No. 23022, adopted Jene 28, 1976, authorizing and pro¥iding for an amendment to the C£ty~s Lease and Concession Agreement dated August 1, 1973 with American Hotor Inns, Incorpora- ted, for the operation of catering and concession services at the Roanoke Civic Center, by extending the ter~ of said agreement to and including July 1979, and providing for the percentages to be paid to the city for the prlvilege of providing catering services and concession services respectively, by mnending paragraph (2){a) thereof. (For full text of Ordinance, see Ordinance Book NO. Hr. Hubard moved the adoption of tho Ordinance. The motion was seconded by Hr. Ta~bman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Tauhman, Thomas and Mayor Taylor ............................... 7. NAYS: None .................................0. PENSIONS= Council having directed the City Attormey to prepare the proper measure transferring the administration of the Pension System for certain me~mbers of the Police and Fire Departments to the Board of Trustees of the Employees~ Retirement System, he presented smn~ whereupon, Hr. Hubard offered the following emergency Ordinance= 489 49O (J23221) AN OI~DII~CE amending and ~eordaining Sec. 8.~ C~pte~ T~21e III of ~e C~e of ~e City of Ro~oke, 1956~ rela2~g to ~e C~ty*s POliCe ~ F~a Pens~o~ S~st~ so as to t~an~fer ~e a~n~st~at~on o~ ~e Pension Sys~ fo~ ceftin ~rs of ~e ~llce~d ~l~e depar~ts provided for in aforesaid C~pter 2, to the ~ard of Trustees of ~e City's ~ployees~ Retl~ent Syst~ p~ovlded for in C~pte~ 1, Title III oi said C~e~ and providinq for an ~erqen~. (For full text oi Ordin~ce~ see Ordin~ce ~k ~. H~ard ~ved the adoption of the Ordin~ce. The ~tion vas seconded bye. Garl~d ~d adopted by ~e roll. In9 vote: A~S= Co~cil m~rs ~wles, Garl~d, Grove, H~ard, Ta~, Th~s and~yor Taylor ........................... ~YS: None ............................. 0. T~ES-ST~I~= Co~cil having direct~ the City Attorney to pre.re ~e proper measure au~orizing waiver to ~e Ro~oke Valley S~ina CI~ of pa~ent of a~issions taxes and rental charges for ~e use of Victo~ Stadi~on Sept~er 10, 1976~ h~ presented s~e~ whereu~n, ~. Grove Offered ~e foll~g Resolutionl (%23222) A ~OL~ION au~orizing waiver to ~e Roanoke Valley S~ine C1~ of pa~ent of a~is~ion~ t~es ~d r~tal charges for ~e use of Victo~ (For full text of Resolution, see Resolution B~k No. ~. Grove moved the adoption of ~e ~esolutio~. Th~ ~otiom was seconded by ~. H~ard ~d adopt~ by ~e roll.lng vote= AYES: Co~cll m~rs Bowles, Garland, Grove~ H~ard, Ta~, Thomas and Mayor Taylor ............................ ~YS= None ...............................0. 5~ ~ S~D~INS= Co~cll having directed ~e City Attorney to pre.re ~e proper meas~e relative to ~e preparation of ~ operating ~d minten~ce ~ual for ~e Sewag~ Trea~ent Plant, h~ pre~ented s~e~ whereu~n, ~. Tho~s offered ~e foll~ing ~ergency Ordin~ce= {%23223) ~ O~CE ~ending Ordinance No. 20122 adopted Feb~a~ 28, 19~2, which au~orized ~e City ~nager to engage =er~a~ engineering for the designation ~d supe~ision of cons~uction~ in two or more phases~ of certain new facilities at ~e Clty~s ~ewag~ ~ea~ent 91~t, by providing for the preparation of an operating and ~inten~ce ~nual for said sewage ~ea~t plant~ u~n certain te~ and provislons~ ~d providing for ~ ~rgen~. (For full text of Ordinance, see Ordinance Book No. ~. Th~s moved ~e adoption of ~e Ordnance. The motion was seconded by ~. Grove and adopted by ~e fo11~ing vote= AYe= Cocci1 ~ers ~wles, Garl~d~ Grove, H~ard, Th~s and~yor Taylor ............................... ACTS OF ACKNOWLEDGEHENT-~TE~ DEPARTHE~T-LAND~M~S: Council having directed the City Attorney to prepare the proper measure relating to the old Crystal Spring Pumping Station end SnOW steam pum~ and to the restoration of them, he presented same; whereupen, Mr. Taubma~ offered the follOWing Resolu- tion: (/23224) A R~SOLUTION relating to the old Cr~stal Spring Pumping Station and Snow steam pump, and to the restoration of them as referred to in Ordinance No. 22840. (For full text of Resolution, see Resolution Book NO. Hr. Taubman moved the adoption of the Resolution. The motion was seconded by Hrs. BOWles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thanes and Hayer Taylor .............................. NAYS: None ................................ MOTIONS AND MISCELLANEOUS BUSINESS: WATER DEPARTMENT: Mr. Thomas advised that on Wednesday, August 25th the Mayor and numbers of Council attended a luncheon meeting with the Town of Vinton to discuss various matters of mutual concern, one Of which was the suggestion fro~ the City of Roanoke to investigate the nethod of leaslng the Falling Creek Water Supply facilities to the Town of Vlnten, that at 3=O0 p.~., was related to thegn and it is the feeling of the Com~/lttee, if it is to move for- Council. with the Tow~ Of Vinton for the Falllng Creek Water Supply facilities be referred The motion was seconded by Mr. Taubman and unanimously adopted. as a Co~L~ttee of the Whole for consideration. (For full text, see report as filed in the cltyclerk's Office.} discussed by Council acting as a Co~=nittee of the Whole in sufficient time that in view of its long-term reputation' in the field of research in the area 491 492 League of Wc~en Voters be requested to review l~oanoke city*s Cha~ter and~ake recc~nendations to Co~c~l as to ch~ges ~ene~ally~ ~d s~cifically as to ~e opt~ size of our Co~cil ~d ~e desirability of ~v~g a ~a~d s~st~ adopted In ~hole or ~n pa~t~ ~a2 ~e c~ty~uld~ke ava~l~le for such study~ legal assis~nce ~ough ~e City Attorney's OEfice ~d sec~e~lal assis~ce ~rough ~e City Clerk's office~ ~d ~at such a study should be c~pleted by ~to~r 1, 1977~ ~d [inally that~ ~n o~der to chauvlni~, It Is suggested ~at ~e League seek ~e alli~ce, ~n this endeavor~ of one o~ mere qualif~ed~les. The ~tion ~as seconded bfq. Th~s and ~ousl~ adopted. CO~CIL= Hr. H~ard and ~s. ~les pres~ted a verbal re~rt on ~e ~cal ~ver~ent Officials~ Conference held on August ~2 - 25~ 19~6, ~n Charlottesville, V~rgin~a. CO~I~EES= The ~yor advised of vacancies on Practices C~ittee, ~e You~ C~i~s[on, ~e Housing Task Force C~[ttee~ ~e ~ard of Fire A~als, ~e Housing and Hygiene Board, ~e ~oanoke Highway safety C~isslon and the Housing Task Force Co, tree. ~. Th~s ~ved ~at action on ~e vacancies ~ deferred ~til the regular m~et~ng of Co,oil on We~esday, Sept~er 15~ 19~6. The motion was seconded by ~. Tarn and ~an~ously adopted. ~. H~ard nov~d ~t th~ ~ay0r be re~ested to plac~ ~n n~ination ~e n~e of a person to f[l[ the vacancy on ~e C~ty Pla~ing C~lss~on creat~ by the resignation o[ ~. J~e~ P. Burks, Jr. Ta~an and ~an~usly adopted. SCHWa: The City Clerk advised that,. ~ L. Strauss has qualified as a m~er of ~e ~ca1 Board of Virginia Western Co~ity College to fill ~e ~expire~ te~ of ~. Shield~ Jonson, deceased, ending J~e 30, 1978. Mr. Tho~s moved ~at ~e report be received ~d filed. The motion was seconded by ~. Tarn ~d ~an~ously adopted. LIB~IBS: The City Clerk advised quallf~ed as a m~er of ~e Roanoke P~lic Libra~ Board to fill ~e ~exp[red te~ offs. Elizabe~ T. Bowles, resigned, ~ding J~e 3~, 1978. Mr. Th~s moved ~at the report be received ~d filed. The motion was seconded by ~. Ta~ and ~ously adopted. H~ DEP~T: The C~ty Clerk re~orte~ ~at ~. Ear~ ~. ~ullen has qualified as a m~er of ~e Housing and Hygiene ~d for a te~ of two years end~g J~ua~ 31, Mr. Th~s ~ved ~at ~e report be rece~ve~ ~d filed. The motion was seconded by Mr. T~-~m~n and ~an~ously adopted. P~ING: The C~ty Cl~rk reported ~at ~. Will~ S. Russell has ~allf[ed as a m~r of the F[f~ Pla~[ng District C~ss[on for a te~ of t~ee years ending J~e 30, 1979. ~. ~s moved ~at ~e report be received ~d file~. Th~ motion was se=onded bye. Ta~ and ~an~usly adopted. OTHER HEAP~NGS OF CITIZERSUPON PUBLIC HATTEP~z ZONING-ANNEXATIONt Hr. R. R. Quick, Realtor, appeared before Council in reference to a situation he brought to the attention of Council in February, 1976, relative to expediting rezoning in the annexed area, advising that on March 22, 1976, Council gave bin permission to construct certain townhouses with- out going before the Board of Zoning Appeals for approval, that his understanding of the action of Council at that t~une was to waive the requirement for approval by the Board of Zoning Appeals relative to townhouses for all of the annexed area, however, this apparently was not clear because the measure the Council adopted tied the approval to five lots on Ranch Road, N. W., and requested that Council clarify the ~atter so that property rezuned at Arrow WOO~ on April 26~ lg76, lnsofa~ as townhouses are concerned~ will not be subject to approval by the Board of Zoning Appeals. Hr. Hubard moved that the matter b~ referred to the City Clerk for report to Council at Its next regular meeting as to the action taken by Council on March 22, lg76. The motion was seconded by Mr. Tauh~an. The Assistant city Attorney advised the Co~cil as to the action which was previously taken and the provisions of the Zoning Ordinance relative to the request of Mr. Quick. Hr. Tauhman offered a substitute motion that the City Attorney be instructed to prepare an amendment to the Zoning Ordinance to provide that a hearing before the Board of Zoning Appeals be waived relative to all property annexed as of January 1, 1976, insofar as to~nhouses are concerned. The motion was seconded by ~r. Thomas and unanimously adopted. After being advised by the City Attorney that no change can be made to the Zoning Ordinance untll a public hearing has been held by the Council and this will take approx~nately two months to accomplish, discussion was held as to how the Council could provide some type of ~=mediate relief rorer. Quick, whereupon, ~r. Taubman moved that the City Attorney be instructed to prepare a measure similar to Resolution No. 22795 adopted on March 22, 1976, to resolve the current problem of Hr. Quick relative to property described as Lot Offlclal Tax No. 6431117~ Map of Arrow wood. The motion was seconded by ~r. Thc~has and adopted, FLr. Hubard voting no. There being no further business, the Mayor declared the meeting adjourned APPROVED ATTEST: City Clerk Mayor 493: CERTIFICATE OF AUTIIEIITICITY THiS Is TO CERTIFY THAT THE PE~4ANENTLY VALU/L~LE RECORDS OF THIS OFFICE AS LISTED ON THE TITLE SNEET ~ERE t~DE AVAIL~SLE FOR NICROFIL~I~G BY THE LOCAL RECORDS BP~NCH OF THE f~RCHIVES BI¥1SION OF THE VIRGINIA STATE LI'BRARY AS AUTHORIZED BY SECTIONS 15.1-8, q2.1-82, ANO q2.1-83 OF THE COPe OF VIROINIA. THE PURPOSE OF THE. NICROFIU~iHG IS TO PROVIDE SECURITY COPIES OF THE RECORDS. COUNCIL, I~EGULA~ HEETING, Tuesday, September 7, 1976. The Council of the City of Roanoke met in regular ~eeting in the Council Chamber la the Municipal Building, city of ~oanokes at 2 p,m.t the regular meeting hour, with Mayor Noel C. Taylor presiding. P~ESENT= Cottncil members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Te~m~n, Hampton W. Thomas and Mayor Noel C. Taylor ............................... ?. ABSENT= None ................................0. OFFICERS pP~ESENT= }ir. Byron E. Nailer, City Managers }ir. Sa~ H. McGhee, III, Assistant City Managers Mr. James N. Kincanon, City Attorneys Mr. Ja~es E. Buchholts, Assistallt City Attorneys Hr. A. N. Gibson, Director Of Finances and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with e prayer by the Reverend B. 3. Garrett, Pastor, West End United Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, August 23, 1976, having been furnished each member of Council, on motion Of Mr. Thomas, eeconded by Mr. Grove and kulanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. ~ING OF CITIZENS UPON PUBLIC ~ATTEP~5= WATER DEPAR~HENT: Pursuant to notice of advertisement for bids for alterations and additions to the Chapel Forest Pump Station, said proposals to be received by the City Clerk until 2=00 p.m., Friday, September 3, 1976, and to be opened before Coanell at 2=00 p.m., T~esday, September 7, 1976, the Mayor asked if anyone had any questions about the advertisement for bidss and no representative present raising any guestion, the Mayor instructed the City Clerk to proceed with the opening of the bldsS whereupon, the City Clerk opened read the following bids: Bidder Base Bid Alt. No. i Alt. No. 2 J. p. Turner Brothers, Incorporated $35,125.00 $175.00 $550.00 Davlsco, Incorporated 38,900.00 100.00 300.00 Mr. Thc~aas 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 Hr. Taubman end unanimously adopted. The Mayor appointed Messrs. K. B. Kiser, Chair~, Willi/unA. Hewitt and J. D. Sink as members of the co~nlttee. COUNCIL: Pursuant to notice of advertisement for bids for providing and installing in the Council Chamber a complete microphone and multlple electronic distribution system, recording equipment and sound reinforcement system, said proposals to be received by the city Clerk until 2 p.m., Tuesday, September ?, 1976, and to be opened before Council at that hour, the Mayor asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Hayor ~nst~ucted the City Clerk to proceed with the opening of the bids! whereupon~ the City Clerk opened and read the one bid received from Blect~onic Engineering Con,any. Incorporated. in the amount of $10.420.00 for proposal No. 1. $298.00 for Proposal No. 2. $3,948.50 for Proposal No. 3 and $14,666.50 for Proposal No. 4. Mr. Thomas moved that the bid be referred to a c~ttee to be appointed by the Mayor for study, report and reco=anendation to Council. The motion was seconded by Mr. Te-~man and unanimously adopted. The Mayor appointed Messrs. Sam H. McGhee, III, chairman, Th~s F. Brady and William A. Hewitt as members of the committee. BUDGET-CO~MONWEALTHtS ATTORNEY= Mr. Robert F. Rider, Commonwealth~s Attorney~ appeared before Council in reference to a previous request he made concerning rental of a copying machine, a memory typewriter and subscriptions to various publications, advising of the necessity for the copying machine and the memory typewriter and if Council approves this request, he will once again seek to have the Compensation Board include funds for the typewriter in his budget next fiscal year. After a discussion of the request, Mr. Garland moved that the matter be referred to the City Attorney and the Director Of Finance to prepare the proper measure for consideration by Council at its next regular meetin~ w~ticn will provide sufficient funds for rental of the copying machine and memory typewriter and subscriptions to various publications. The motion was seconded by Mr. Hubard and ttnanimously adopted. TAXES= There appearing later on the agenda a report of the City Taxes Committee concerning a procedure for more strict enforcement of personal property assessments and motor vehicle decal payments, }ir. Thomas moved that the item be taken up at that time. The motion was seconded by Mr. Taub~an and unanimously adopted. The City Taxes COmmittee submitted a written report in connection with the possible adjustment of procedures for more strict enforcement of per- sonal property tax assessments and motor vehicle decal payments, reco~mending that the present Ordinance provision for filing of tangible personal property tax returns ~nd provision for prepayment of motor vehicle license taxes re~ain as now established, but that the form of returns alld applications and office procedures and issuance of decals and license plates be revised by the officials concerned so as to give the individual taxpayer further understanding as to h~w the sa~e may be filed and paid with greater convenience to the taxpayer. (For full text, see report as filed in the City Clerk's Office.} Mr. Hubard moved that the report be received, filed and concurred in by Council. The motion was seconded by Mr. Grove. The city Treasurer appeared before CoU/lCil and made reference to a suggestion which he feels would appropriately handle the situation to the satisfac' of the taxpayer thereby allowing him to pay his personal property taxes and acquire hie city decal at one and the same t~me. Mr. Johnson also presented a c~unication transmitting a tubulation listing the monthly collections of ion autc~obile personal property and decal thxes, and estimating that the early payments Invested on interest would produce In the neighborhood of ~1~500.00 annually at 4 1/2 per cent~ the present rate for short-term lnvestments~ advising that ho feels confident that a change permitting the taxpayers to file both their autc~obile personal property and decal returns at one end the same tee, and be permitted to pay both the personal property tax and decal at one and the s~e t~me~ would out the postage cost to the taxpayers in half for those who mail in separate payments~ and also cut in half the cost to the city, and in his opinion, the city postage saved would be considerably greater thm% the money earned from early payment collections being invested for short periods of t~me. (For full textw see communication as filed tn the City Clerk's Office.) Hr. Garland suggested that the motion on the floor be amended to provide that the proper city officials be authorized to initiate a procedure whereby the taxpayer will be permitted to pay his personal property tax and acquire a decal at one and the same time. The amendment was seconded by Hrs. Bowles. After a further discussion of the motion and amencl~ent, Hr. Thomas offered a substitute motion that the report of the committee and the cc~m~unlca- tion fro~Mr. Johnson be referred back to the comm/ttee for further report to Council within two weeks. The motion was seconded by Hr. Grove and unanimously adopted. The Chairman of the committee requested clarification of the motion, whereupon, Hr. Thomas advised that what Council is saying is that it would like to accomplish in some fashion getting the decals in the hands of the citizens in a manner better than we have been doing it in the past and what the pros and cons are. Mr. Grove suggested that the report show as accurately as possible what the figures are that the Council can use for comparing interest money versus savings of the postage. At this point, the Mayor left the meeting and the Vice-Mayor took the Chair. PETITIONS AND CO~UNICATIONS: AUDITOP~UM-COLISEUH: Council having referred to a committee for study, report and recommendation the matter of placing any or all administrative and policy making functions of the Civic Center under the authority of a civic Center Commission, the committee submitted a written report re¢on~nending (1) that the present Civic Center Commission be relleved of its duties and a new seven person committee be appointed, {2) that the newly elected commi~- sion would be the policy making arm of the Civic Center to determine certain specified matters, (3) that the use of a~ Enterprise Fund in accounting for the Civic Center should be terminated; submitting certain recommendations numbered a - f to the City Hanager for implementation and a suggested Implementation Schedule. (For full text, see report as £11ed L~ the City Clerk*e Office.) Hr. Ta~an ~oved that the report be received and filed. The motion was seconded by ~r. HuBard and edopted. ~ro Thc~s moved that rec~nendstion No. 1 be epproved. The was seconded by ~r. Nubard ~ud adopted. ~r. Ts~u moved that reco~nendation No. 2 be spproved. The motion was seconded by Hr. Nubard and adopted. Mr. Ta~n moved that recommendation No. 3 be approved. The motion was seconded hyMr. Grove. In a discussion of recon~endation No. 3, Mr. Thomas advised of his concern because it took three or four years to get the Civic Center on a separate accounting system~ that if the Civic Center gets back into the General Fund~ Council will not k~ow what is going on in the General Fu~d or the Civic Center, it will be confusing and hard to move forward~ that if this is going to be a strong co~unission it must know how good or how poorly it is doing and he would be opposed to giving up the Enterprise Fund. The Director of Finance spoke in support of the Enterprise Fund, advising that it is factual and tells the Council and the public exactly what the situation is in regard to the civic C~ter. Hr. Frank C. ~iartin, Chair.~u~ of the Roanoke Civic Center a~,d StadiumAdvisory Commission, stated that operating under an Enterprise Fund places a stigma over the heads of Com~ss£on members each t~ne they have a meeting a~d his preference would be for the Civic Center to operate on an object code basis if expenses can be handled in that manner. Mr. Thc~nas offered a substitute motion that recommendation No. 3 be tabled. The motion was seconded by Mr. Taubman and adopted. Mr. Taub~an moved that recon=nendations a - f be concurred in and referred to the City Manager. The motion was Seconded by Mr. Garland and adopted. Hr. Taubman moved that Council concur in the Suggested Implementation Schedule. The motion was seconded by Mr. Rubard and adopted. Hr. Garland moved that the report be referred to the City Attorney for preparation of the proper measure amending the City Code to provide for said recommendations. The motion was seconded by Mr. Taubman and adopted. Hr. Taubman stated that it was the feellng of the co~nittee that the new Commission would go into effect as soon after September 27, 1976~ as the City Attorney cons£ders legally feasible and that terms of the new members will be for one year each. SEWERS AND STOP~ D~AINS= A commenication from the Roanoke County Fubllc Service Authority transmitting a proposed agreement providing teems and conditions under which sewer connections to sewer lines owned and operated by the Authority would be permitted pending the outcome of certain legal proceed- ings, and respectfully requesting that said agree~uent be approved, was before Council. {For full text, aec cc~unication and agreement as filed in the City Clerk's Office.) In this connection, a report of the City Haneger proposing that Councl! continue its concurrence as given on August 30th relative to the city making connections to those sanitary se~er lines o~ned by the Roanoke CoUnty Public Service Authurlti and/or Roanoke County within the annexed area to make extensions o£ these lines to serve other city areas providing there Is unused capacity available, and reconnuending and requesting conetucrence tn the establishmen of an escrow/ accoUnt to impound connection fees realized from annexed areas, upon certain terms and conditions, was also before Council. (For full text, see report as filed in the City Clerk's Office.) Hr. Grove presented a communication reconnnending (1) the palnnent of PSA sewer and water bills by the =sewer serfs' to the City of Roanoke, (2) the payment by the City of Roanoke to the PeA for the sewer and water usage based on City of Roanoke rates, (1) the holding in escro~ of the money from the difference in rates until the case is resolved in the U. 5. District Court, and (4) the payment of the money in escrow, based on the court decision, either to the PSA Or returned to the 'sewer serfs'. (For full text, see ccanmunicatien as filed in the City Clerk's office.) Mr. Thomas advised that the City Attorney has matters which he would like to discuss with the members of Counoil prior to any official action being taken and moved that Council meet in Executive Session to discuss the three items referred to above as to legal ram~ficattons. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Tauhman, Thomas and Vice-Mayor Bowles .............................. 6. NAYS: None ..........................0. (Mayor Taylor absent) After the Executive Session, Mr. Thomas moved that the agreement from the Roanoke County Public Serwice Authority be ooncurred in generally and referred to the City Attorney for preparation of a counter agreement which would necessitate certain changes the City of Roanoke requests, that the City Manager be permitted to continue to make the sewer connections, and the agree- ment, when mutually concurred in by Roanoke County and the Roanoke County Public Serwice Authority is to be placed on the agenda of City Council for Wed- nesday, September 15, 1976. The motion was seconded by Mr. Hubard and adopted. In reference to the report of the City Manager, Mr. Thomas moved that Council reaffirm its decision that such sewer connections be made, that the Counoil concur in the recomendation of the city Manager and receive and file the report. The motiou was seconded by Mr. Taub~u~n and adopted. In reference to the communication from Mr. Grove, Mr. Grove moved that Roanoke County and the Roanoke County Public Service Authority are to be contacted ~m~ediately by the ad~/nistratlon for their concurrence in this matter and, upon obtaining approval, the facilltles and mechanism~ for collect- lng payments from the 'sewer serfs', the difference between the Cityts charges and the Authority's charges to be placed in an escrow account, are to be set up at the earliest possible time, a~d that the city Attorney be instructed 6 to prepare the proper me~uze or measm:ee to be placed oncounoll'a agenda for Wednesday, September 15,1976, for appropriate acti°n. The motion was seconded by Mr. Thomas and adopted. ~ADIO-TELEVISIONt A co~unic~tion frc~Hr. E. K. Matter~ Executive Vice President~ Roanoke Valley cablevision~ Incorporated, ~aking a quarterly progress report covering construction of the Roanoke Valley Cablevlslon System~ was before Council. (For full text, see commu~lcation as filed in the City Clerk's office.) Mr. Garland moved that the c°mmuniCatlon be received and filed. The motion was seconded by Mr. Grove and adopted. ZONING-ANNEXATION~ Copy of a communication from Hr. Claude D. Carter, Attorney, representing Mr. Vernon H. Baker, In regard to the direction of his client that his request for rezoning a 6.7 acre tract of land on H~mlock Road be withdrawn, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the request for withdrawal of the petition for resoning. The motion was seconded by ~tr. Hubard and adopted. ~PORTS OF OFFICERS= REGIONAL JAIL= Mr. OliVer Stein and}tr. John Marfleet representing the architectural fir~ of Hayes, Seay, Mattern & Mattern, appeared before Council in relatlon to the new jail, advising that s~bject to approval of Council, it is proposed to proceed to the construction phase to ~ co~leted in February 1977, receive bids in March with construction to be cc~plete~ by spring of 1979, that the cost estimate has been upgraded and it is believed to be within the $6 million Of bonds previously sold by the city. Mr. Marfleet advised that it is proposed to shell the fourth quadrant and this could be included as un alternate bidding tte~wlth the cost probably in the neighborhood of $200,000.00 to $300,000.00, that the plans have been reviewed with the Sheriff and me~mbers of the State Depar~ent of Corrections a~d they have their blessings at th~s point. Mr. Hubard moved that the City Manager be instructed to eu~t his reco~undation to Council in respect to proceeding to the working drawings as soon as feasible and that he aleo~ requested to ~ke a current determination as to pro~ected population of the iai1. The motion was seconded by ~tr. Thon~as and adopted. The Sheriff advised it is unlikely that we will be able to reduce the n~mber of cells, that in the last session of the General Asse~bly, legislation was passed to require those porsons with sentences of Six months or less to their t~me in the local institutions, that he feels the cities are going to con- tinue to have the burden shifted upon them and with that trend, the jail population is not going to decrease. P~r. Thc~nas moved that the ~tter of necessary street relocations and closings be referred to the City Manager to initiate or propose to the City planning Commission and/or the Council such changes as ~y be required in cor~nectio~ with the new ~ail facillty. The motion was seconded by }tr. Hubard and adopted. BUDGET-PUBLIC WELFARE~ The Clty M~lager submitted a written report transmitting copy of the ar~ual budget for the city's Sooial Services Department for the fiscal year begl~lling July 1, 1976~ as approved by the State Department of Welfare and requesting certain transfers in certain object codes to bring the city budget In line with the approved state budget. (For full text, see report as filed in the City Clerk's Office.} ~r. Taubman offered the following emergency Ordinance authorizing the requested transferal (%23225) AN ORDINANCE to amend and reordain Section %1537, 'Social Services,' of the 1976-?? Appropriation Ordinance, and providing for an emergency. (For full text of Ordinanee~ see Ordinance Book No. Mr. Taubman ~oved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote= AYES= Council members Garland~ Grove, Hubard~ Taubman, Thomas and Vice-Mayor Bowles ........................... NAYS= None ...........................0. (Mayor Taylor absent} BUDGET-SEWERS AND STOP~ DNAINS= The City Manager submitted a written report in connection with the policy for extension of sanitary sewer lines within the city as established by Ordinance No. 22856, requesting authorization to establish an account In the amount of $10,000.00 in the Engineering Department fro~ which to pay the city's reilaburse~ent share expenses for these sewer line extensions. (For full text, see report as filed in the City Clerk's Office.} }ir. Thomas offered the following e~ergency Ordinance appropriating the requested funds= (%23226) AN ORDINANCE to amend and reordain Section %1248, 'Engineer- ing Building and Planning,' of the 1976-77 Appropriation Ordinance, and provid- ing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote= AYES= Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-~ayor Bowles .......................... 6. NAYS= None ........................... 0. (Mayor Taylor absent) CITY FJiPLOYF~S= The City Manager submitted a written report submitting a reworded version of ordinance No. 22334 which provides for payment of accumulatedl~ special leave to all city e~nployees terlatnated or dismissed retroactive to July 1, 1976, including those terminated on June 18, 1976, recommending its approval. (For full text, see report as filed In the City Clerk's Office.) Mr. Garland offered the following emerge~lcy Ordina~ce~aking certain provisions for sick leave for certain employees of the city= 8 (~23227) AN O~DI~CE az~ending and reordain~ng subsection (b) Sick Leave, of Sec. 12. Vacations, sick leave and ~litar~ leave~ of Chapter 3. O£ficers and Employees Generallyw of Title II. Ad~lnistration. of The Code of the City of Roanoke, 1956, as amended~ ma~ng certain provisions for sick leave for certain employees of ~e c~ty~ provid~ng ~e effec2~ve date of ~e provisions con~ained here[n~ ~d p~oviding fo~ ~ ~rgen~. (Fo~ full rex2 of Ordinance, see Ordin~ce ~h ~, Garland ~ved ~e adop2[on of ~e O~din~ce. The motion ~as seconded by H~. H~ard and adopted by ~e foll~ing vo~e~ AYES~ CO~C~I m~ers Garland~ Grove~ H~ard~ Ta-~, Th~s and V~ce-~yor B~les .............................. 6. NAYS= None ........................... 0. (~yor Taylor absent) CI~ ~S= The City~nager s~mitt~d a written re~rt in connectio: w~ c~nsato~ t~me~ reco~end~ng that compensato~ l~ave be acc~ulative~ h~ever~ a~x~of 80 ho~s wil~ be all~d to be carried over on July ~ fr~ ~y fiscal year, effective July 1, 1977, wi~ all acc~ulate~ c~nsato~ t~e to be forfeited wi~out pa~ent u~n te~nat~on of ~lo~ent with the city. (For ful~ text, s~ report as fil~ ~n ~ City C1~rk~s Office.) ~. Th~s stated that ~e re~rt d~s not provide Co,oil w~ exactly ~e info~tion it reque~t~ in that ~e Cocci1 ~nst~cte~ thu City ~nag~r to rec~d a sala~ grade at which compensato~ t~ would not be a policy of ~ city ~d ~ appropriate cut off date for using acc~ulat~ compensato~ leave. The City Manager called attention to provisions ~n the C~ty C~e require certain city ~loyees to be ~n ~e~r offices d~ng no~l working hours, or ~f t~e ~s taken off, it must be charge~ to vacation leave, sick leav~ or c~pensato~ leave, ~at if compensato~ leave ~s abol~she~ ~ ~ploy8es in grade 23 and above must be out o~ ~e~r offices for short perils of t~e~ for various reasons, ~en ~t ~s ~fa~r to ~e ~loyees that this be attributable to vacation ~. Th~s moved that ~e report be referre~ back to ~e City M~ager to advise ~e Co~c~l at its next meeting of a level at which compensato~ t~e can be cut off, the suggeste~ date that ~s c~ be placed into effect~ ~d ~at ~e City Atto~ey be ins~ucted to a~vis~ ~e Co~cil as to necessa~ changes to ~e City C~e which will pe~t certain city ~loy~es to be out of their offices for short per~s of t~e due to personal reasons, sa~d report to be s~tte~ to ~e Co~ci~ at its n~t meeting. The motion was seconde~ bye. Ta~ and adopte~. ~. Ta~ ~e reference to a report of ~e City~ager ~r date of August 23, 1976, a~v~s~ng that Co~cll appropr~ate~ sufficient f~ds to pe~it pa~ent of com~ensato~ t~ to te~nat~d ~loyees on J~e 18~ 1976~ h~ever, to date no actual Or,in,ce has been a~opte~ to au~or~ze ~ e~it~e of personnel f~ds in certain ltste~ ~o~ts. ~. Ta~ aske~ ~e City Manager ~f ~t is h~s ~ntention ~at ~er~ be pa~ent for compensato~ t~e for ~one fr~ sala~ gra~e 1 - 30, wh~eu~n, ~e City~nager advised ~n ~ negative. (For full text, see report as filed in the City Clerk's office.) In n discussion of the matter, the Director of Finance advised that funds were appropriated on August 16, 1976, and an enabling Ordinance is necessary to permit payment~ whereupon, ~r. Tauhman moved that the City Attorney be lnstructe prepare the proper measure authorizing payment to the Individuals listed to ~n the City ~anager~s re~ort under date of August 25~ 1976. The motion was seconded by Mr. Hubard and adopted. and its present activities in respect to working ~n cooperation with the Department valley governments in any recreation programs he readdressed and if cooperation is desired, that other governments be advised, with implementation as to type and extent to be assigned to administrative heads of the governments. (For full text, see report as filed in the City Clerk's Office.} ~r. H~bar~ moved that Council concur in the report. The motion was seconded by Mr. Taubman and adopted. HOUSING-SLUM CLEARANCE-PLANNING-GRANTS= The City Manager submitted a written report advising that the Depar~ent of Housing and Urban Development has established a high priority on termination of its contractual financial involvement in conventlonal urban ren=w=i ~ojects and requesting authorization to £ile appropriate applications for supplnmantary funds for early financial settle, ment of such projects. (For full text~ see report as filed in the city clerk's Office.} Hr. Hubard offered the following Resolution requesting Urgent Need Funds for the Gainsboro Neighborhoo~ Development Progr~and the Downtown East Redevelopment Project= (%23228} A t~ESOLUTION requesting Urgant Need Funds for the City's Gainshoro Neighborhood Development Program, Project No. VA. A-6, and its Downtown East Redevelopment Project, Project VA R-42~ and authorizing the City Manager, later to make formal application for the same. (For full text of Resolution, see Resolution Book No. Mr. Hubard moved the adoption of the Resolution. The motion was Seconded by Mr. Tau~man and adopted by the following vote: AYES: Councll me~mbers Garland, Grove, Hubard, Taubman, Thomas and V[ce-Hayor Bowles ........................... 6. NAYS= None ........................... 0. (Mayor Taylor absent} STATE HIGHWAYS-BRIDGES: The City Manager submitted a written report notifying Council of certain action taken in connection with a conflict between a~ existing 24-inch city sanitary sewer and a proposed 36-1nch sto~-m drain with reference to the Jefferson Etreet Bridge Project and requesting concurrence of that action. (For full text, see report as filed in the City Clerk's Office.} l0 Hr. Rubardmoved that Council concur in the report. The motion vas seconded by~c. Taub~an and adopted. In connection with that project, the Assistant City llanager advised that Council adopted Resolution No. 23146 that authorized a change order for the ~hitmorn Avenue atom drain and provided for the city to 9et an easement frc~ Pittsburgh Plate Glass Con,any, that the easement has been received, and the City Attorney advises Of the need for amendment Of Ordinance No. 23146 to reflect for rec~ended adoption by the Council which will accom~lish same. Hr. Hubard offered the following Resolution= (%23229) A RESOLUTION relating to Ordinance No. 23146 and to the City's acquisition of a perpetual easement for a portion of a certain storm drain to be acquired from PPG Industries, Inc. (For full text of Resolution, see Resolution Book No. Hr. Hubard moved the adoption of the Resolution. The motion was seconded by Hr. Thomas and adopted by the following vote= AYF~= Council me~bers Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor Bowles ........................ NAYS= None ......................... 0. (Mayor Taylor absent} HOUSING-SLUM CLEARANCE= The City Manager submitted a writt~ report recommending that the Housing Task Force Committee be disbanded since it was establlshed for a special purpose which ha= been accomplished. (For full text, see report as filed in the City Clerk's Office.} Mr. Hubard moved that Council concur in the recommendation and that the City Clerk be instructed to write a letter of appreciation to the m~mbers ex~resslng Council's appreciation for thai= services. The motion was seconded by Hr. Grove and adopted. PA~KS AND PLAYGROUNDS-SCHOOLS= The City Manager submitted a written report advising that Council, at its meeting on August 23, 1976, requested that the a~ministratlon check as to whether or not there is a gymnasium in the Jameson Elementar~ School building and as to whether or not it ia in such a condition as to be of value for possible recreation department use, advisLng that there is no gl~nnasiu~ in that structure. (For full text, see report as filed in the City Clerk's Office.} Mr. Taubman moved that the report be received and filed. The ~otion was seconded by Mr. Thomas and adopted. COAL AND FUEL OIL= The City Manager submitted a written report concurrir in a re~ort of the Bid Committee recouending that the bid of Roanoke Coal Sales, Incorporated, for furnishing the city's coal requirements for fiscal year 1976-??, be accepted. (For full text, see report as filed in the City Clerkt~ Office.) Mr. Hubard offered the following emergency Ordinance accepting the proposal of Roanoke Coal Sales, Incorporated: (#23230) AH ORDI~CS p:ovidlng £o: t~e city's ptucchase of certain coal rec~Lre~ents for t~e pe:lo4 ~:~ 3~1y 1~ 1976 ~ougb ~e 30~ 1977~ a ce:~l~ b~d ~de ~o ~he c~ty ~o~ ~e supply o~ ~e a~ :e~eott~ o~er bids ~de to the city~ ~d provldin~ for ~ ~e~9~cy. (For full text of O~dinance, see Ordin~ce ~ok ~o. ~. Hubard moved ~e adoption of ~e Ordin~ce. The ~tion vas seconded by ~. Ta~ and adopted by ~e ioll~in9 vote{ AYe{ Coucil m~egs Oarl~d, Grove, H~agd, Ta~, Th~s ~d Vtce-~yor B~les ............................... 6. ~YS~ Hone ............................0. {~yor Taylor absent) ZONING{ Co~cll at its last ~egular meeblng hav~9 requested a relative to filed vritten opposition to gezontn9 oi a 0.495 acre parcel o[ land on Cove Road, Official Tax No. 6440105, the City Attorney s~ltted a written re~t advising ~at it se~ clear ~at such opposition has been expressed in vritin~ a~ vould have ~uiged a iavo~le vote oi [lve-seven~s of all ~e m~ers of the Coucll in order tha~ a zoning reclassification of ~e lot in question become effective. {~or full text, see report as [iled in ~e City Clerk's Office.) Due to ~e fact that the second reading o~ Ordinance No. 23208 no~ carried as a itu on ~e agenda and the City Atto~ey advtse~ ~a~ he ~ould nave ko 'hedge' on ~e question oi w}lc~l~ ~ iive-s~vaB~ vo~e ~ould have ~o be on the first or second readings of ~e O~din~ce, Hr. H~ard moved ~a~ action on the ~tter be de~erred util ~ meetin9 o[ Coucil on ~e~esday, Sep2~er 15, 1976, when Ordinance No. 23208 along vi~ the repor~ oE the City Attorney yell be on yhe Coucil's agenda. The 2orion vas seconded by ~. Tho~s ~d adopbed. ~PORTS OF BU~ET-~E~E S~I~O-O.I.C.-~ ~SOURC~S CO~I~EE: The H~ Resources C~ittee s~itted a vrit~en report in coaection vi~ ~e requeah of Opport~ities Industrialization Center for appropriation in ~e a~ o[ $4,256.00, such previous appropriation havin9 e~ired at ~e md o[ fiscal year 1975-~6 when ~e fads had no~ be~ requested, rec~ending that ~2,500.00 be approprlahed to O.I.C. for use in non.ETA tralnln9. (For [ull t~xt, see report as filed tn ~e City Clerk's O[~ice.) Hr. Grove offered the [oll~in~ ~ergency Ordln~ce appropriating ~e rec~ended (~23231) ~ O~I~Cg to ~end ~d reordain Section ~1832, 'Contribu- tions ad S~sidies,' o[ ~e 1976-~7 Appropriation Ordinace, and providing (For full text o[ Ordin~ce, see O~dinace ~k ~. Grove moved the adoption of ~e Ordinance. The motion was seconded by ~. Garland and adopted by ~e [oll~in9 vo~e: AYES Z Council m~nber8 Gariend~ G~ove~ Hubard~ Ta~t~n~ ?homes ~nd Vlce-Ha¥or Bowles ........................... 6. HA¥Sz None ........................... 0. (Hayor Taylor absent) CITY EHPLOyEESz Hr. Nubard presented & report of a committee appointed to study the Offices of the City Clerk~ City Attorney~ Director of Finance and Municipal Auditor, rec~ending that the four incumbents be reelected durinq the month of September for a two-year te~m pursuant to the provisions of the City Charter~ that due to the fact that H~. Klncanon wlll reach his 65th birthday on January 8, 1977, it ia reconm~nded that an advertisement be placed in appropriate publications soliciting applicants for this position, that the salary be set at Grade 38, that the Committee be assigned the responsi- bility of interviewing candidates for the position of City Attorney and recommend- ing the election of one of the applicants as the new city Attorney, and that the City Code provision which requires that the city Attorney shall have practiced law in the State of Vlrqinia for at least five years and in the City of Roanoke for at least two years be deleted from the City Code as it ia felt that this is too restrictive and could result in a highly qualified candidate for this office being improperly excluded. {For full text, see report as filed in the City Clerk's Office.) Hr. Hubard placed in nomination the names or,rs. Hary F. Parker, as city Clerk, Hr. A. N. Gibson as Director of Finance, Hr. James N. Kincanon~ as City Attorney, and Hr. William L. Brogan as ~unicipal Auditor for terms of two years each ending September 30, 1978. There being no further nominations, Hrs. Parker, and Messrs. Gibson, Kincanon and Brogan were reelected as City Clerk, Director of Finance, City Attorney and Municipal Auditor for terms of two years each ending September 30, 1978, by the following vote: FORM RS. pARKER, MR. GIBSON, ~. KINCANON A~BHR. BROGAH: Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor Bowles .... 6. (Mayor Taylor absent) Mr. Hubard moved that reco~nendation no. 2 be approved. The motion was seconded byNr. Taubman and adopted. AIRPORT: Hr. Nubard, Chaiman of the Airport Study Co~nittee, submitted a written report recommending (1) that the size of the Airport Advisory Co~niseion be reduced from its current 18 members to ? members, with Councll not being represented as either full members or liaison members, (2) that the city consider modifyinq its recently adopted rules so as to permit as members, persons who are not residents of the City of Roanoke, (3) based upon the previous premise, that the other Roanoke Valley governments~ to wit: Roanoke County, Salem, Vinton and Botetourt County be invited to appoint liaison members to meet with the Airport Advisory Commission, and (4] the question of whether or not the Airport Advisory Commission should be made an autonomous operating body be re~erred to a select committee designated by Council. (For full text, see report as filed in the City Clerk's Office.) Mr, Hubard moved that reccm~endation no. I be approved. The motion was seconded by Hr. Grove and adopted. Mr. Hubard moved that recon~ndation no. 2 be taken under advisement until the regular meeting of Council on Monday, September 27, 1976. The motion was seconded by Mr. Thanes and adopted. Hr. Hubard moved that recon~endation no. 3 be approved. The motion was seconded by Hr. Taubman and adopted. Hr. Hubardmoved that rec~m~,endation no. 4 be referred to the ~ayor to ascertain whether or not the Citizens' Long-P=~ngo planning and Goal Setting Committee could make this study or, if he deems this action inappropriate, that he appoint a special committee to make such recc~mnendation to the Council. The motion was seconded by Hr. Grove and adopted. Hr. HubardmoYed that the ter~s of office for the new Airport Advisory Cc~miss~on be staggered, viz= two for four years, two for three years, two for two years and one for one year. The motion was seconded by Hr. Taubman and adopted. Hr. Hubard moved that the election procedure be the same as that previously adopted by Council as contained in the Suggested Implementation Procedure for the Roanoke Civic Center. The motion was seconded by Hr. Taubman and adopted. Hr. Hubard moved that tho Airport Study Co~mittee be abolished since it has co~pleted its assigned responsibility. The motion was seconded by Hr. Thomas and adopted. COMMITTEES: Hr. Hubard moved that Council instruct the City Attorney to prepare the proper measure to provide a section in the City Code relative to com~isslons. The motion failed for lack of a second. UNFINISHED BUSINESS= ITEMS EEFE~,RED BUT STILL PENDING: The City Clerk presented a list of items referred but still pending from August 18, 1975, to August 30~ 1976. (For full text, see llst as filed in the City Clerk's Office.) Hr. Garland moved that the list be received and filed. The motion was seconded by Hr. Grove and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION A~D CONSIDERATION OF O~DINA~CES AND ~ESOLUTIONS= ZONING: Ordinance No. 23207 rezoning property located at 122 Thurston Avenue, 126 Thurston Avenue and 130 Thurston Avenue, N. E., described as Lots 25 - 30, inclusive, Bloc~ C, Map of Williamson Groves, Official Tax Nos. 3080917 - 3080919, incluslve, frc~ RD, Duplex Resldentla3 District, to C-2, General Com=ner- cia1 District, having previously been before Council for its first reading, read and adopted on its first re~ding'and lald over, was again before the body, Hr. Garland offering the following for its second reading ~d final adoption= (~23207) AN ORDINANCE tO a~end Title XYw Chapter 4.1, Section 2w of The code of the City of Roanoke, 1956~ as amended~ and Sheet No. 308, Sec- tional 1966 Zone Map, City of Roanoke, in relation to Zonlngo (For full %ex= of Ordinance, see Ordinance Book No, HI:, Garland moved the adoption of the Ordinance. The motion was seconded by Ma. Taul~an and adopted by the follo~ln9 vote= AYES= Council me,bars Garland, Grove, Hubard, Ta~l~nt Thomas and Vice-Mayor Bowles ............................. 6. NAYS= None .......................... 0. (Hayor Taylor absent) ZONING= Ordinance No. 23209, rezoning property located in the 900 block of Salem Avenue~ So W.~ and the 900 block of Rorer Avenue, S. W., des- cribed as Block 23, F. Borer Map, Official Tax Nos. 1111502 - 1111508, inclu- sive, and llllS10 - llllSlGw inclusive, frc~ RG-2, General Residential District~ to LM, Light Hanufacturing District, having previously been before Council for its first reading, read and adopted on its firs2 reading and laid over, was again before the body, Mr. Garland Offering the following for its second reading and final adoption= (%23209) AN ORDINANCE to amend Ti=lo XV, Chapter 4.1, Section of the Code of the City of Roanoke, 1956, as amellded, and Sheet No. 111, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. Tauhman and adopted by the following vote= AYES= Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor Bowles ....................... 6. NAYS= None ....................... 0. (Mayor Taylor absent) PARKS ARD PLAYGROUNDS= Ordinance No. 23216 authorizing execution of an agreement with Mill Hountain Zoo, Incorporated, providing for lease to and operation of the Mill Mountain Children's Zoo by said organization for a term of years, upon certain ter~ and conditions, having previously been before Council for its first reading, read and adopted on its first reading ~nd laid over, was again before the body, Hr. Grov~ offering the following for its second reading and final adoption: ($23216) AN ORDINANCE authorizing execution of an agree~ent with M/ll Mountain Zoo, ~nc., providing for lease to and operation of the Hill Ch£1drens~ Zoo by said organization for a term of years, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Hr. Grove ~oved the adoption of the ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote= AYES= Co~tncll members Garland, Grove, Hubard, Taubman, Thc~uas and Vice-Mayor Bowles ............................. 6. NAYS= None ............................. 0. (Mayor Taylor absent) GARBAGE P~IOVAL~ ordinance No. 23217 authorizing the City Manager to transfer ownership of four pieces of the cityts landfill equipment to the Roanoke Valley Regional Solid Waste Management Board upon certain terms and conditions, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, ~r. Hubard offering the following for its second reading and final adoptionl (%23217} ~ ORDINANCE authoris~ng the City Manager to transfer ow~ership of four (4) pieces of the Cltyes landfill equipment to the Roanoke Valley Regional Solid Waste Management Board upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Tau~man and adopted by the following vote: AYESI Council members Garland, Grove, Hubard, Tan~m~n, Thomas and Vice-Mayor Bowles ............................ 6. NAYS: None ............................ 0. (Mayor Taylor absent) ZONING-ANNEXATION: Council having directed the city Attorney to prepare the proper measure relating to construction of certain improvements on certain lots being a resubdlvlslon of Lot 8, Block 11, Map of Arrow Wood, pursuant to a request made to Council at its last regular meeting by }ir. R. R. Quick, he presented sa~e~ whereupon~ }ir. Taubman offered the following Resolution: (%23232) A RESOLUTION approving issuance of certain building permits pursuant to Sec. 114.10 of the BOCA Basic Building Cods/19?5, as amended, relating to construction of certain improvements on certain lots being a resubdivislon of Lot 8, Block 11, Map of Arrow Wood. (For full text of Resolution, see Resolution Book Ho. Mr. Taub~k~n moved the adoption of the Resolutlon. The motion was seconded by Mr. Grove and adopted by the following vote: AYES= Council members Garland, Grove, Taubman, Thomas and Vice- Mayor Bowles .................................... 5. NAYS: Council member Hubard ..........1. (Mayor Taylor absent) Mr. Hubard stated that he cast a negative vote because Council is violating its own rules and he feels the action is somewhat discriminatory. MOTIONS A~D MISCELLANEOUS BUSINESS: YOUTH COMMISSION: The City Clerk reported that Mr. Leighton H. Haley has qualified as a member of the Youth Commission for a term of three years ending April 30, 1979. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Taubman and adopted. HOUSING-SLUM CLEARANCE: The City Clerk reported that Messrs. William E. Majors and Edwin L. Phillips have qualified as members of the City of Roanoke Redevelopment and Housing Authority for terms Of four years ending August 31, 1980. Mr. Thcx~as moved that the report be received and filed. The motion was seconded by Mr. Taub~an and adopted. OTHER HF.2%RINGS OF CITIZENS: NONE. There be~.ng no further bus,ness, ~he V:~ce-Hayor declared the meeting adjourned. APPROVED ATTEST: C~ty Clerk Mayor COUNC?L~ REGULAR HEETING~ Wednesday~ September 15, 1976. Tho Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, at 7=30 p.m, Wednesday~ September 15, 1976, with Mayor Noel C. Taylor presiding. P~ESENT~ Council members Elizabeth T. Bowlesw Robert A. Garland, Lucian Y. Grove~ William S. Hubard~ Nicholas F. Ta~m~nt Hampton W. Thomas~ and Mayor Noel C. Taylor ................................. ?. ABSENT= None .................................. OFFICERS P~ESENT: Mr. Byron E. Honer, City Manager~ Mr. Sam H. McGhse, I~, Assistant City Manager~ Mr. James ~. Klncason, City Attorney~ Mr. James E. Buchholtz~ Assistant City Attorney~ Mr. A. N. Gibsont Director Of Finance~ and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend Richard H. Linsey, Jr., Pastor, West End Presbyterian Church. MINUTES: Copy of the ~nutes of the regular meeting held On Monday, August 30, 1976, having been furnished each me-m~er of Council, on motion o£ Mr. Thomas, seconded by Mr. Taubman and unanimously adopted, the reading thereof was dispensed with and the minutes were approved as recorded. ltEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: JUVENILE AND DOMESTIC ENLATIONS DISTRICT COURT: A co~u~u~ieation from ~r. L. L. Koonts, Jr., Chief Judge of the Juvenile and Dome2tic Relations District Court, transmitting copy of a communication from the Youth Services Regional Office, Department of Corrections, in connection with the city issuing a statement of intent regarding support of a group home plan for children in the 23rd Judicial District [n order to be in a position to secure certain state funds, was before Council. (For full text, see c~ication as filed in the City Clerk's Office.} The Mayor suggested that Council meet with Judge Koontz and his staff at 3:30 p.m., Tuesday, September 21, 1976, at the Juvenile Court. Mrs. Bowles moved that Council concur in the Mayor's suggestion. The motion was seconded by Mr. Grove and unanLmously adopted. R~PORTS OF OFFICERS: SEWERS AND STO~ DRAINS-WATER DEPA~T~ENT-A~NEXATION: The City Manager submitted a written report in connection with an escrow account for water and sewer payments of the 'sewer serfs,' transmitting a draft Of a proposed agreement which has been submitted to the City Attorney, County and Pablic Service Authority Attorney, County ~xecutlve Officer and Public Service Authority Executive Officer. (For full text, see report as filed in the City Clerk's office.) The City Manager advised that Council requested at its last meeting that this agreement be prepared and submitted to Roanoke County and the Roanoke County Public Service Authority, that he actually had two days in which to work on the draft and proceed to get concurrence frem the CoUnty and the Public Service Authority in order that the item could be carried on the Councllme agenda for this week, that Mr. Kiser prepared the first draft and discussed it with Mr. Clark who indicated that if something of this nature was prepared, the only way the county would consider it would be for it to be prepared in such a manner that the funds would c~ne to the County and after the case has been decided in Court, the County would dispense with the funds according to the ~andate Of the Court, that based upon Mr. Clark's remarks, the first draft of agreement was prepared in this manner, however, the City Attorney has not had an opportunity to review it. Mr. Grove stated that it~akes no difference to hi, who collects the moneyl however, on page 2, no. 2 of the draft Of agreement, the words 'and place in a separate account' should be inserted thereby holding the funds in a separate account until a mandate is handed down by the Courts. Mr. Grove then moved that page 2, no. 2 of the draft of agree~nent be amended By inserting the following underlined words: 2. The parties of the first part shall collect and place in a separate account the revenues fr~ the Services so billed and accuraneiy accost for those revenues separately from the revenues received from the remain- der of its water and sewer facilitles. The motion was seconded by Mr. Taubman and unanimously adopted. Mr. charles R. Mitchell, a recently annexed citizen, advised that if this honey goes to the Public Service Authority, the annexed Citiseus want to make sure that it is placed in an account that cannot be tampered with. Mr. Garland moved that council concur in the report and agreement a~d refer same to the City Attorney for review a_nd to advise the Council if there are a~y necessary changes. The motion was seconded by Mr. Taubman and unanimously adopted. In clarifying the motion, Mr. Hubard stated it is the intent of Counoil after the City Attorney reviews the agreement and places it in proper if there are no changes, the City Manager may transmit the agreement to Roenoke County and the Roanoke County Public SerVice Authority for their review. Relative to the matter, the City Attorney suk~litted a written report in connection with formulation of an acceptable agreement providing for the city's interim collection and handling of certain charges made for sewer and water services in certain recently aunexed areas of the city and transmittf~lg an Ordinance which contains the specific provisions. (For full text, see report as filed in the City Clerk's Office.] Mr. Thc~nas offered the following e~ergency Ordinance relating to sewage service in the aanexed areas of the city: (J23233) AH ORDIHA~CE relating to certain sewage service in the oAnexed areas of the city! agreeing to the general concept of a proposal ~de to the City for providing ten~orary procedures for certain sowor line exten- sl~s ~d co~ections~ and ext~ding to ~e Co~ty of ~oke ~d ~oke Catty P~lic Se~lce Au~ority a pro~sal of an agre~nt to ~ entered ~nto ~n pr~ses~ authorizing the C~ty of ~oke~s execution of said agre~nt~ providing for an ~rgency. (For full text of Ordinance, see Ordnance B~k No. Hr. Th~s movod ~e adoption of ~e Ordinate. The ~t~on was secondod bye. H~ard and adopted by ~e rallying vote~ ~s and ~yor Taylor ............................ 7. NAYSt None ..............................0. Mr. Grove moved ~at the report of ~e City Attorney be received ~d filed. The ~t~on was seconded by ~. Ta~ and ~an~usly adopted. ~TION-SCH~LS-T~FIC-BU~ The City--agar s~[tted a ~itten re~rt in co,action with a crossing guard at ~e intersection of Peters Creek Road and the entrance to Northside School facilities, advising that Catty have agreed to hire, equip ~d supe~isa a cros~ing guard at this site ~ city paying 50 pe~ cent of the sala~ using the city rate of pay as base, and reco~ending that $720.00 be appropriated for this (For full text, see re~rt as f~led in ~a City Clerk's Office.) ~. Ta~ offered ~e foll~[ng ~ergen~ Ordnance appropriating $720.00 to other Sea,cas and Charges ~der Section S1345, 'Police,' of the 1976-77 budget: (%23234) ~ O~IN~CE to ~end ~d reorda[n Section %1345, of ~e 1976-77 Appropriation Ord~n~ce, ~d ~rov~ng for an ~ergency. (For fu~l text of Ordinance, see Ordinance ~ok NO. ~. Ta~an moved ~ adoption of ~e Ordnance. The mot[on was seconded: bye. Grove and adopted by the rallying vote: AYe: Co~cil m~rs B~les, Garl~d, Grove, H~ard, Ta~, Th~s and Mayor Taylor ................................ NAYS: None ................................... 0. T~FIC= The City M~ager submitted a written report in co,action with ~e re,est for a traffic light at Garden City Boulevard ~d Riverland Road, S. E., s~i~tin~ ~ree alte~ate schwas for ~e project ~d rec~ending ~at alternate ~o. 2 ~ considered for inclusion ~n the 1977-78 fiscal year budget as f~ds are not avail~e ~n the curr~t budget. (For full text, see report as [~led in ~e City C[erk~s A discussion was held relative to ~e installation oE s~e t~e of wa~g sisal at ~e ~ntersection, whereupon, ~e City ~nager advised ~at he would look ~nto the ~tter. 2O ~'o Roy Dalton, 3404 Vent:nor Road, S. R.w appeared before council and advised that the installation oE this signal is long overdue, that petitions in support of this request have been filed with the Council for the past five years, that since the regional landfill went into operation between 140 and 150 t~ucks per day frc~a Vlnton, Roanoke County and Roanoke city pass this lnteraec' tiaa on their way to the regional landfill, that three lanes of traffic are needed and the bank needs to be cut off. After a discussion relative to priority of this item as opposed to other items of a similar nature which have been funded in the 1977-78 fiscal year budget, length of time involved in getting the traffic signal once the Order has been placed and certain budgetary technicalities surrounding that procedure, Mr. Grove moved that the City Manager be instructed to review the budget to ascertain if certain items already budgeted carry a lesser priority and advise the Council at its meeting on Monday, September 27, lg?6. The motion was seconded by Mr. Garland and unanimously adopted. MUSEU~S-SCHOOL~-CITY PROPERTY~ The Clty Manager sub~tted a written report in connection with the lease of the Tinker School property by the Science HuseumAssoeiation, advising that the Water Resources Committee has reco~nended that the lease be for an initial term of five years and be automatically renewed for subsequent five year term~ unless either party gives appropriate notice for termination thereof. (For full text, see report as filed in the City Clerk's Office.) Tie City Attorney stated that there should be a fixed li~it for auto~tlc renewals contingent upon notice being given to exercise the option. Mr. Jennings T. Bird, Attorney, representing the Science Museum, agreed with the City Attorney, advising that they would have no objection to stating a maximum term or to advise formally their right to renew, that the five year lease would be more appropriate, they would need more than 30 days~ notice of termination of lease, and after the initial five year lease, it is requested that the lease not be eancellable during an acade~nic year. Mr. Tho~a~ moved that the matter be referred to the City Attorney for preparation of the proper measure to provide for a five year initial term, two five year renewals, and a 180 day notice of termination. The motion was seconded by Mr. H~bard and ~nanimously adopted. HOUSING-SLUM CLEARANCE-pLANNING-G~qNTS: The city~nager submitted a written report in co~nection with a~ increase in the allocatlon for Housing Assistance Payments of the City of Roanoke Redevelopment and Housing Authority, advising that the Authority is requesting approval to increase the number of applications under the Con~nuntty Development Program to 398 units. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland m~ved that the~atter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mrs. Bowles and unanimously adopted. CITY F~iPLOYEESt The cityHanager submitted a written re~ort relative to c0~ensatory t~me, advising that on September ? he 8uh~dttsd a re~ort rec~-nd- lng the continuation of the oityts pressnt policy as stated in the City Code and In Resolution No. 17865 but with l~m~ts on the amount of compensatory t~une that might be carried over from one fiscal year to another, that Council rsferred the matter back to h~m to suggest n grade level above which the existing c~mpensa- tory t~me procedure would not apply, further indicating that top-lsvel management personnsl, while being ex~scted to work such hours as are necessary to accomplish their responsibilities, should not be expected to record compensatory time, furthermore, top-level management ~ersonnel should, at the discretion of their respectivs Council appointed of£icers, be permitted to bs absent themsslves at such times as might be necessary when It would not materia21y affect the ability of that ~ndivldual to perfor~ thoss duties normally expectsd of him or hsr~ rec~ending that such a policy be implem~nted effective Apr£1 l, to apply to all Council appOinted officers of the city as well as to positions of thoss Directors who work directly for the City Manager, that ths grads lays1 of those positions varies and in several instancss thsre is more than ons position of the city classification plan that has the same grade and therefore, it would appsar more practica~ to list the positions by titlef Viz: City Manager, Assistant' City Manager, Director Of Human Services~ Director of public Works, Director of Safety & Administration, Director Of Utilities and O~uratlons, City Attorney, city Clsrk~ Director of Finales, M~nicipal Auditor, City Assessor and City Registrar. (For full text, see rsport as filed in the City Clerkts Office.) Mr. Thomas moved that Council concur in the recommendation of the City Manager. 9he motion was seconded by Mr. Hubard and u~an~mously adopted. As previously requested ~y the Council, the City Attorney su~itted a written report advising of the ssction of the City Code which would have to be amended to psr~it certain city employees to be out of thsir offics for short periods of time due to personal reasons. (Eot full text, see rsport as filed in the City ClerkSs Office.) Mr. Thomas moved that the City Attorney be instructed to pre,are the proper measure amending Subsection d, Section 11, Chapter 3, Title ~ of The Code of the City of Roanoke, 1956, as amended, to conform with the action taken by Council relative to the rsport Of the City Manager concsrning satory time, said msasure to be presented to the Council at its meeting on Monday, Sspte~mber 2?, 1976. The motion was seconded by Mr. Hubard and ~na~imously adopted. Also relative to the matter of compensatory time, the City Attorney submitted a written report transmitting a Resolution authorizing certain cash payments to be made to ten persons whose employment by the city was, at some time, terminated and whose na~ss, the a~ount of compensatory t~m~ credited at the time of their tsrminatlon~ and ths value of such time in each instance is set out in a report of the City Ma~agsr under date of August 23, 1976, and calling attention to the following points, vis= (a) he is advissd that certain 22 of the named persons have, et more recent times, been reemployed end are presently ~nployed by the city, (b) termination of employment in all instances vas not occasioned by budqet-ordered efficiencies in admtnist~ative personnel, (c) no express provision appears to be contained in the City code for payment in money of other than accumulated or earned regular leave, as opposed to what is described as compensatory time-off in said Code, (d) other former and future employees of the citywith c~npensato~y time-off benefits may have standing to require that settlement be made in cash rather than as scheduled leave of absence. (For full text, see report as filed in the City Clerkte Office.) Mr. Thomas made reference to point (d) in the City Attorney's report, advising that if Council takes affirmative action in approving payment for compensatory time for the ten listed individuals, it may be opening the door for potential of liability. In a discussion of the matter, the City Manager advised that he agrees with the City Attorney, that he does not feel the city should pay for accumulated compensatory time, it has never been done before and it should not be done now. Mr. Thomas moved that Council concur in the verbal report of the City Manager and that the report of the City Attorney be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. REGIONA~ JAIL= The City ~ansger submitted a written report in connection w£th the construction of the new city jail, recommending that Councll by Resolution authorize the firm of Hayes, Seay, Mattern & Matter~ to proceed with the desig~ of the new jail containing 210 cells and also pointing out that the State Departme! Of Corrections has indicated that the city should definitely proceed with its original plans to construct the 210 jail cells. (For full text, see report as filed tn the City Clerkes Office.) Mr. Hu~ard moved that Councll 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. Garland and u~animously adopted. AIRPORT: The City Manager submitted a written report requesting authority to execute a license agreement with the United States of America granting the Federal Aviation Administration a license to construct and maintain an ASR-8 radar facility at the airport, upon certain terms end conditions. (For full text, see report as filed in the City Clerk*s Office.) Mr. Taubman moved that Cou~cll concur in the request and that the followlng Ordinance be placed upon its first reading: (J23235) AN O~DINANCE authorizing execution of License Agreement No. DOT-FA77EA-8672, with the Federal Aviation Adm~nistrat£on providing for the constr~ctlon and~afntenance of un ASH-8 radar facility at Roanoke Municipal Airport, WoodrumField, upon certain terms and conditions. The motion was seconded by Mr. Grove and adopted by the followlng vote: AYES~ Counci! members Bo~les, Gerland~ Grove, Nubardt 'l~omas and Hayor Taylor ............................ 7. NAYSs None ..............................0o G~NTS-COMPP~HENSIVE ~KPLOYHENTAND TRAINING ACT~ The Clty Ha~ager submitted a written report transmitting the updated agreement for the Roanoke Consortium for Manpower Servlces~ advising that basically the Consortium agree~ment is the same as that presently ~n effect, however, the agreement has be~n modified on Page 5, Section ?, so as to designate the City of Roanoke sp~cifically as depository for all funds received by the Consortium and under Section delegates the a~ministrative necessity to the city for receipt and expenditure of funds for the personnel system that conforms to the rsgulations of the Comprehen Employment and Training Act of 1973 and for acquisition of the necessary supplies and equipment for the Consortium, and page 8, paragraph 3, provides the compositionli of the Manpower Plaeming Council to correspond with that requited by the Federal Register dated June 25, 1976, Paragraph 95=13. (For full text, see report as filed in the City Clerk's office.) Hr. Hubard offered the following e~nergency Ordinance authorizing the execution of the agreement= (%23236) AR O~DINANCB authorizing the City of Roanoke~s execution of an agreement by and between the City of Roanok~ and other governmental subdivisions of the Fifth planning District, in Virginia, relatlng to Planning and Operation Of Manpower Services under the Comprehensive Eraployment and Training Act of 1973~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Ta~ma/l and a~opted by the following vote= AYES: Council ~embers Bowles, Garland, Grove, Hubard, Taubman~ Thomas and Mayor Taylor ............................ 7. NAYS= None ..............................0. AIRPORT= The City }tanager submitted a written report requesting authority to apply for and enter into grant agreements for federal and state funding in the amounts of 90% and 5% respectively, of the flnai estimated costs of (1) high intensity lighting, R~W 5-23, (2) fire truck, (3) security fencing, (4) cross grooving of runways, (5) overlay of taxiways at Roanoke Airport, Woodrum Field, and any needed modifications thereto, as long as the local share is available in the Airport Fund Accounts. (For full text, See report as filed in the City Clerk's Office.) The City Engineer advised that since the report was wrltten~ city officials have met with representatives of the FAA, that they have come up with additional money and the figure in the report has been revised to a total of $720,000.00, and they have added two a~dltlonal projects, precision instrument marking of R/W 5-23 and overlay of taxlway 5-23. After a discussion of the ~atteF and later during the meetlngw Tau~a ~oved that ~e ~solutlon be ~ded to ~e~lect ~e t~ ~ve listed ch~ges. The ~tion ~as seconded b~ ~, H~a~ ~d ~usly adopted. ~. Ta~ ~en offered ~e foll~g Resolution as ~nded~ (~23237) A ~OL~ION au~orizing application to be ~de on behalf CE ~e City of ~anoke for gr~t of F~eral Airport ~d Al~ay Develo~nt f~ds ~d certain state f~ds to assist In fin~cing certain projects for ~prove- ~nt oi facilities at Ro~oke H~icipal Airart, W~ Fleldl ~d au~ortz~g accept~ce o~ grant offers which~y ~ ~de on such applications. (For full text of Resolution, see Resolution B~k No. ~. Tarn moved ~e adoption of the Resolution. The motion was seconded by ~. H~ard ~d adopted by ~e roll.lng vote= AYES= Cocci1 m~ers ~les~ Garland~ Grove~ H~ard~ Ta~ Th~s and Hayor Taylor ........................... ~YSt None .............................. BU~ET-EQUIP~T= The C~ty ~nager s~itted a written re~rt concurring ~n a re~rt of ~e Bid Co. tree relative to purchase of various vehicular equipment and requesting authority to use approx~tely $5,000.00 of the ~dentified r~ning f~ds for purchase of nine hydraulic used In lieu of p~er t~e Off (For ful~ text, s~ re~or=s as filed in ~e city Clerk's Office.) After a discussion relative to why one of the 1~ bids was not accepted where~n the City Manager explalned that it ~s difficult to get repairs on out of t~ e~[pment, ~. Ta~ offered the foll~[ng ~ergen~ Ord[n~ce providing for ceftin transfers within ~e 1976-77 budget: (%23238) ~ O~IN~CE to ~end ~d r~ordain certain sections of the 1976-77 Appropriation Ordln~ce, and providing for an ~ergency. (For full text of Ordinance, see Ordin~ce Book ~. Ta~an moved ~e adoption of the Ord[n~ce. The motion was seconded by Mr. H~ard ~d adopted by ~e following vote= AYe: Cocci1 m~ers B~les, Garland, H~ard, Ta~, Tho~s Mayor Taylor .................................. 6. NAYS= None ........................ 0. (~. Grove not voting) ~. Ta~ offered the following ~ergency Ord~n~ce accepting proposals of D[ckerson ~C, [ncorporated~ Hag[c City Hotor Corporat~on~ Cavalier E~ipment Co~oratlon~ G~era[ Welding a ~ch~ne Co~any~ ~d Fulton ~[t~ T~ck Company, Inco~orated: (S23239) ~ O~IN~CE providing for ~ purchase of various vehicular equipment for use by various depar~ents of ~e City, upon c~rtaln te~s ~d conditions, by accepting certain bids ~de to ~e City fo~ f~nishing ~d delivering said vehicular equipment; au~or~z~ng Certain additional pur- chases~ rejecting a~l o~er such bids; providing for ~e issu~ce of requisit~ purchase orders for all such equipment~ and providing for ~ ~ergen~. (For full text of Ordin~ce, see Ordin~ce Book No. Hr. Tau~nanmoved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote= AYES; Council members Bowles~ Garland~ Hubardw Ta~bman, Thomas a~d Hayor Taylor .............................. 6. NAYS= None ........................ 0. (Hr. Grove not voting) COUNCIL; The City Manager submitted a written report requesting an Executive Session to discuss a personnel matter. Hr. Taubmanmovsd that Council concur in the request. The motion was seconded by Hr. Hubard and adopted by the following vote= AYES= Council members Bowles~ Garland, Grove~ Hubard~ Taubmanw Thomas and Hayor Taylor ........................ NAYS= None .......................... COUNCIL= The City Manager submitted a written report requesting an Executive Session to discuss real estate matters. Hr. Taubman moved that Council concur in the request. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ......................... 7. NAYS= None ............................ AUDITORIUN-COLISEUN= Cou~cll having directed the City Attorney to prepare the proper measure amending the City Code to reflect certain committee reco~nendations ~ade as to ad~liniatrative procedures to be employed at the Roanoke Civic Center, he presented same. Mr. Taubman made reference to Section 8, Civic Center Commission, Appointment; Duties, advising that it was the recommendation o£ the committee that the terms be for one year commencing October 1, 1976, and moved that the Ordinance be a~ended accordingly. The motion was seconded by Mrs. Bowles and ~an~ously adopted. Hr. Taub~an then offered the followlng emergency Ordinance as amended: (%23240) AN ORDINANCE amending Chapter 9. Civic Center Depart~ent., Title VIII, Code of the City of Roanoke, 1956, as a~ended, by the addition of a new section providing for establlsbment of a Civic Center Co~ssion, to have policy making and certain other authority as to the operation of the Roanoke Civic Center facility; a~endlng Sec. 5. Rates and Charges., of said chapter and title; concurring in certain comm/ttee recommendations made as to administrative procedures to be employed for said facility; ;old providing for an emergency. (For full text of OrdinaNce, see Ordinance Book NO. Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Councll members BOwles, Garland, Grove, Hubard, Taubman, Thomas and Hayor Taylor ............................ NAYS: None ............................... 0. $ONING-~F~ATION: The City Attorney having previously submitted a report relative to the legal effect of filed written opposition to rezoning of a 0.495 acre parcel of land on Cove Road, N. W., Official Tax NO. $440105, calling attention to Paragraph 5 of Sec. 62, Zoning of the City Charter, and advising that giving the worde 'directly opposite thereto' their broadest meaning so as to consider all seventeen lots as falling within the term, which is not necessarily so, it seems clear that such opposition has been expressed in writing as would have required a favorable vote of five-sevenths of all the members of Council in order that a zoning reclassification of the lot in question become effectivew the matter was again before the body. (For full text, see report as filed in the City Clerk"s Office.) The City Attorney submitted a further report advising that question arose at the last meeting of Council as to whether, under such circumstances, five affirmative votes were required of the Ordinance upon both its first and second reading or only upon its second reading, that he is of opinion that it is proper to consider the Ordinance on second reading, but in view of the written opposition previously filed, it could not become effective unless approved on second reading by five-sevenths of the members of the Council. (For full text, see report as filed in the City clerk's Office.) Ordinance No. 23208 having previously bee~ before the Council for its first reading, read, and laid over penalng the aoove reports of the City Attorney, was again before the body, Mr. Tauhman offering the following for its second reading: (%23208} AN O~DINANCE to amend Title XV, Chapter 4.1, Section 2, of The code of the City Of Roanoke, 1956, as amendedw and Sheet No. 644, Sectional 1966 Zone Map, City of Roanoke, in relation to zoning. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and lost by the following vote= AYES= Council members Garland, TaUbman, Thomas and Mayor Taylor ............................................................... 4. NAYS: council members Bowles, Grove and Hubard ............3. COUNCIL: The City Attorney submitted a written report requesting an Executive Session to discuss a matter of pending litigation. Mr. Thomas moved that Council concur in the request. The motion was seconded by Mr. Ta~bman and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Ta~bman, Thomas and Mayor Taylor .............................................. 7. NAYS: None ................................................. 0. ANNF2~ATION= The Director of Finance submitted a written report in connection with a schedule of debt from Roanoke County, advising that he a~d Peat, Marwick, Mitchell & Company have reviewed sa~e and find it to be correct and recommending that Council concur in the schedule as to its accuracy. (For full text, see report as filed in the city Clerk's Office.) Mr. Thomas moved that the matter be referred to the City Attorney for preparation of the proper measure. The ~otion was seconded by Mr. Hubard a/%d unanimously adopted. STI~EETS A~D ~Y$~ The City Planning ~n~lsslon sul~n~tted a ~rttten Klnley and S~lre a~s K~ley that a ~rtion of ~ alley ap~aring on ~e ~p of ~dlff~dltlon, ~ vacated, discontinued ~d closed, r~c~endl~g ~at the r~uest be grated. (For full text, s~ re~rt as ~lled in ~e City Clerk's Mr. H~ard~ved ~at Co.oil hold a p~lio hearing on ~e ~tter at 7130 p.m., Monday~ ~tober ~ ~976. Th~ ~tion was seconded bye. Garl~d ~d ~usly adopted. ST~ETS ~ ~YS= The City Plying C~ssion s~ltted a ~ltten report in co~ection wl~ the request of ~e City of Ro~oke Redevelopment ~d Housing Au~ority ~at certain streets and all~ys~ and portions of certa~ streets ~d alleys, l~ated wi~in or ~rdering upon Section 4, Gainsboro ho~ Develo~ent Progr~ be vacated, discontinued and closed, rec~ending ~at the r~uest bo granted. (For full text, see re~rt as filed in the City Cl~rk~s ~. H~ard moved that Cocci1 hold a p~lic hearing on ~e request at ~130 p.m., ~onday, ~tober 1~, 19V6. The motion was se=onded bye. Garland ~d ~an~ously adopted. 5~ETS ~D ~YS; The City Pla~in~ C~i~sion s~itted a Writt~ re~rt in co~ection wi~ the re.est of York Forest~ ~d ~nd Co. any ~at a c~rtain portion of a twelve f~t alley lying an~ adjoining ~ts ~d ~t 27, Stratford Court Map, be vacated, discontinued and closed, rec~end~g? that ~e request be granted~ contingent upon ~e dedication of a turn-aro~d area. (For full text, see report as filed in ~e City Clerk's Office.) ~. H~ard~ved ~at Co~ci~ ho~d a p~lic hearing on the request at 7:30 p.m., Monday, October 11, ~976. The motion was seconded bye. Garland ~d ~ously adopted. ZONING: The city PlYing Co~ssion s~tte4 a written re~rt rec~endlng ~at ~e Co.oil of the City of Roanoke adopt ~e official Zoning ~p which reflects rezoning requests approved since J~ua~ 1, 1~76, ~d tr~smitt~g rec~ended zoning text ch~ges to reflect such adoption. (For full text, see report as filed in ~e City Clerk's office.) ~. H~ard moved that Co.oil hold a p~lic hearing on ~e ~tter at 7:30 p.m., Monday, October 11, 1976. ~e motion was seconded by ~. Garl~d ~d ~an~ously adopted. ~PORTS OF AI~ORT: ~. Tauhm~, Chai~ of ~e Airport Adviso~ C~ssion, s~itted a ~itten report in connection wi~ the request of ~. ~char~ F. Pence, Atto~ey, representing certain rental car agencies at ~e Ai~ort, ~at ~ey be relieved from ~e fees and t~es paid to ~e city, advising ~a~ entire ~tter ~d speoifically a re.est of ~. Pence ~at ~ese agencies pay no license t~, is referre~ back to Co~cil wi~ ~e reco~ndation ~at Co.oil conc~ i~ ~. Pence's request. (For full text, see report am filed in the City clerk's Office.} ~Lr. Tau~-~ advised that he did not participate in the of the Airport Advisory Co~lssion, hoover, he assu~ed the Con~Lssion ~mbers that the Council would give serious consideration to their recoz~endation, ~Lr. Teubman added that the $2.20 per $100.00 license tax for rental car agencies is not equitable and moved that the City Attorney be instructed to prepare the proper measure a~ending the license tax end the appropriate section the City Co~e to reflect a $.55 per $100.00 license tax for rental car agencies in the City of Roanoke, retroactive to January 1, 1976. The motion was seconded by Mr. Grove. Hr. Richard P. Pence, Attorney, representing Avis Rent-A-Car System, Incorporated~ National Car Rental System, In¢orporated~ and Budget Rent A Car of Roanoke, Incorporated, appeare~ before Council and advised that the trouble withMr. Taubman~s motion is that Roanoke has the highest license tax in the entire State of Virginia, that when it rolls back fro~ $2.20 per $100.00 to $.55 it is still causing problems for the smaller agencies, that ten per cent off the top is e terrific tax to begin with plus another $.55 per $100.00 is a large burden to bear, that the Air~ort is the front window of the City of Roanoke and when officials come from najor industries and rent cars and pay a rate that is higher than they are paying elsewhere they immediately get a poor impression of the City of Roanoke. Mr. Pence implored Council not to place Roanoke at a competitive disadvantage where the smaller agencies will have to raise their prices. Mr. ~ence added that if Mr. Ta~,~n~s motion passes, the tax rate in Roanoke will be 1.44 times that of NorfoLk, 1.83 times that of Richmond, 2.63 times that of Newport News, 3.53 times that of Dulles end 3.59 times that of Roanoke County. In a further discussion Of the request, Mr. Pence stated that when these agencies were located in the County they were not required to have decals and at the most, the County decal prior to annexation was only $5.00, now these cars are subject to the Roanoke City decal tax which is $5.00 per Yeh£cle plus $.80 per 100 poends of gross weight, that if the average weight per vehicle is 4000 pounds that amounts to approximately $3?.00 per car. Mr. Thomas offered a substitute motion that the ~atter be referred to the Director of Finance~ the City Attorney end the City Manager to advise the Council at its next regular meeting on the following matters: (1} a recom- mendation in respect to the ten per cent that applies to the gross receipts, (2) a reco=mendation as to increase or decrease of the $2.20 tax per $100.00, and {3} a recommendation as to what teller the Council can give in respect to the decal fee. The motion fa£1ed for lack of a second. Mr. Garland offered a substitute motion that the City Attorney be instructed to prepare the proper measure amending the llcense tax end the appropriate section of the City code to reflect a $.25 per $100.00 llcense tax for rental car agencies in the City of Roanoke, retroactive to January 1, 1976. The motion failed for lack of a second, The original ~otion of Hr, Taub~an~ seconded by Hr, Grove~ wes then adopted~ Hr. Thomas voting no. Hr, Thomas stated that h~s no vote was cast because he feels the ~atter needs ~re ~. Tw~ved ~at ~ ~2ter oi high cost of c~ty decals for ~e rental car a~encies be zeferred to ~e C~ty Taxes C~ttee for study~ re~rt ~d rec~endation to Co~cil ~d ~ proper notice of ~e ~etin~ be sent to ~. Pence. The ~tion was seconded by ~, Grove ~d ~usly adoptS, ~. P~ce advised ~at ~e Co~cil will be derelict in its duties If it d~S not direct its attention to ~e high license t~ In ~e City Roanoke. AI~ORT~ The A~ort Adviso~ C~ssion s~itted a written report requesting concurrence to have street signs installed at a~propriate locations at Roanoke M~icipal Alr~rt~ Wo~r~Field~ to n~e ~e fixed base access road Menefee Drive, ~d ~e l~p road ~d acces2 ~ereto D~ahoe Drive. (For full text, see report as filed in ~e City Clerk's Office.) Hr. Ta~ moved ~at action on ~e report be deferred ~til meeting of Co~c[1 on Honday, Sept~er 2~ 1976. The motion was seconded bye. Garland and ~an~usly adopted. CONSIDE~TION OF C~= NO~. I~RODUCTION ~ CONSIDE~TION OF O~I~CES ~D ~SOL~IONS= BU~-C~O~S A~= Co~oi~ having directed ~e C~ty Attorney to prepare the proper measure appropr~atlng a total of $3,214.20 to Other Se~ices ~d Charges ~der S~ct~on %0~10, 'Co~onweal~Attorney', of ~e 19~6-77 budget to ~rovide f~ds for =erta~n~chine rentals and t~ons, ~. Th~s offered ~e fo~ing ~ergency Ordin~ce: (%23241) ~ O~I~CE to ~end and reordain Section %0~10, 'Co~onweal~ Attorney,= of the 1976-77 Appropriation Ordinance, and providing for an ~ergency. {For full text of Ordinance, see Ordln~ce ~ok ~. Th~s moved ~e adoption of ~e Ordinate. The motion was seconded by ~. H~ard and adopted by ~e roll,lng vote: AYES~ Cocci1 ~ers B~les, Garland, Grove, H~ard~ Ta~n~ Th~s and ~yor Taylor ............................... ~YS: None ................................. 0. M~IONS ~ HISCE~E~S BUS~SS: STA~ HIG~AYS-CO~CIL: ~s. B~les advised ~at she attended ~ual Safety Award L~cheon in Ric~nd, Virginia, on Sept~er 9, 19~6, along wi~ Mrs. Alice P. Tice, ~. J. D. Sink and Lt. George A. H~bard~ that for its outs~nd~g work ~n c~peration w~ ~e Safety Co~cil~ ~, School Safety Co~=il ~d City Co~cll, ~anoke City received ~e se=ond awed of merit and ~s. ~es ~resented this award to ~e ~yor. Since ~e Police Depar~ent had previously e~ressed a desir~ to display ~e award ~n ~eir offices, ~e ~yor e~ressed apgreciation on b~alf of ~e Co~c~l ~d advised ~at he would give ~e award to Lt. H~bard for proper display. 3O ZONING-POP~NOG~APHYt Mrs. Bowles ad¥!=cd that we have a fast growing business In ~hs City of Roanoke in the form of adult book stores, that these establishmants are now o~en An several areas of the city but specifically in the northwest sectAon, that many are near o~r hom~s, churches~ schools~ etc., and this is not a healthy climate for our children. In further presentation of the matter, Mrs. Bowles stated that the Com~nwealth~s Attorney recently indicted nine of the owners Of these stores on charges of selling obscene material and the City Manager has said as long as there is no outcry from the citizens, these establishments will continue to flourish. Mrs. Bowles pointed out that the citizens are concerned over the spread of adult bock stores and they are looking to council to restrict these stores and moved that the City Attorney, the City Manager and the City Planning commission be requested to advise the Council relative to zoning restrictAons and means of eliminating or limitlng the location of adult book stores in the City of Roanoke. The motion was seconded by Mr. Garland and unanimously adopted. Mr. Ta~b~nan suggested that perhaps a representative of the city could be sent to Detroit to see how their adult book store Ordinance is implemented, changes that have been made and how it is working. Approximately 15 people attended the meeting in reference to the ~atter. Mr. Garland made reference to the massage parlor Ordinance and stated that from what he reads in the newspapers it is not being properly enforced. The City Manager and the Director of Safety and A~ministration assured the Council that the Ordinance is being properly enforced to the best of their ability. HEALTH DEPARTMENT: The Mayor advised that there As a vacancy on the Housing and Hygiene Board to fill the unexpired term of Mr. Frank B. Mundy, deceased, ending January 31, 1978, and called for nominations to fill the vacancy. Mr. Hubard placed in nomination the name of Mr. Norman V. Clineve11. There being no further nominations, }fT. Norman V. Clinevell was elected as a member of the Housing and Hygiene Board to fill the unexpired te~of Mr. Frank B. Mundy, deceased, ending January 31, 1978, by the following vote= FOR MR. CLINEVELL: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................ COMMITTEES= Mr. Thomas moved that action on the vacancies on the Fair Employment Practices Committee, the Youth Co~mlssion, the Board Of Fire Appeals, the Roanoke Highway Safety Co~ission, the City planning Commission, and the Board of Adjustments and Appeals, Building Code, be deferred until the meeting of Council on Monday, September 2?, 1976. The ~otion was seconded by Mr. Grove and u~a~fmously adopted. LIBRAriES: The City Clerk reported that Mr. Evans H. Jessee has qualified as a me~ber Of the Roanoke Public Library Board for a terra of three years ending June 30, 1979. Mr. ThOmas moved that the report be received and filed. The motion was seconded by Mr. Hubard and ~u%animously adopted. O~R EZARZNGS OF CITZZE~$; CITY F, HPLOYEES: !~'. Ellis B. Hol~ee appeared before Council on be- half of ~.he Personnel Board and requested that presentation of the new grievance procedure be postponed frc~ September 20, 1976, to October 30, 1976u tn order that city employees may have proper input. Hr. Taubman moved that C~mlcll concur mn the request and that hearings and amendments relative to the grievance procedure be completed by October 29, 1976. The motion was seconded by Mr. Hubard and unanimously adopted. The Council requested that the finished document be placed on its agenda for Monday, November 8, 1976, for appropriate action. Hr. Taubman stated that in making the motion the intent is that adequate notice of the public hearing should be given to all city employees on bulletin boards, etc. w a~d that the hearing be held at such time that e_mployees who wish to attend~ay do so. Hr. Beverly Mitchell, representing the Fire Department, urged that Council approve the request of Hr. Hol~es, advising that he does not agree with that portion of the procedure which allows the City Hanager to have the final authority in dismissals~ and more work needs to be done in that area, and also added that city employees would like to have input into the writing of the employee handbook. There being no further business, the Hayor de=lared the meeting adjourned. ATTEST: City Clerk APPROVED Mayor 32 COUNCIL, REGULAR HE~?ING, Honday, September 27, 1976. The Councll of the City o£ Roanoke met J/l regular meeting in the Council Chamber in the Nunicipal Building, City of Roanoke, at 2 pomo~ Hondeyt September 27, 1976, with Mayor Noel C. Taylor presiding. PRESENT~ Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Ye Grove, Ntlliam So Hubard (arrived late), Nicholas Fo Taubman, Hampton No Thc~nas and Mayor Noel C. Taylor ...................... ?o ABSENT~ None ................................. 0o OFFICERS PRESENT: ~r. Willl~mA. Hewitt, Acting City Manager~ }ir. James N. Kincanon, Ctty Attorney! Mr. James E. Buehholtz, Assistant City Attorney~ ~r. A. N. Gibson, Director of Finanee~ and Mrs. Ma~y F. Parker, City Clerk. ~NVOCATION: The meeting was opened with a prayer by Dr. Sa~ Young, City Chaplain. HINUTES: Copies of the minutes of the regular meeting held on T~esday, September ?, 1976, and the regular meeting held on Wednesday, Septe~ber 15, 1976, having been furnished each me~ber of Council, on motion of Mr. Thomast seconded By Mrs. Bowles and ttnani~ously adopted~ the reading thereof was dispensed with and the minutes were approved as recorded. ~ROCLAMATIONS: The ~ayor advised that he has proclained the month of October, 1976, as Environmental Quality Month in the City of Roanoke and urged everyone to ~ke a conscious co~itment toward conservation and working toward an environment beneficial to all forms of life. HEARING OF CITIZENS UPON PUBLIC MA~'~BR~= None. PETITIONS AND COMMUNICATIONS: SChOOLS-AUDITORiUM-COLISEUm= A co~unicatlon from the William Fle~- ing High School Distributive Education Chapter requesting use of the Exhibit Hall of the Roanoke Civic Center free of charge on November 24, 19~6, in order to hold a dance for valley students, with the proceeds going to the Roanoke Valley Jaycees for Operation of the Mill Mountain Zoo, was before Council. (For full text, see con~nunication as filed in the City Clerk's Office.} Mr. Tho~k~s ~oved that Council concur in the request and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Garland and unanimously adopted. At this point, Mr. Hubard entered the meeting. SOLICITATION: A communication from Councilman Robert A. Garland requesting that the matter of existing Ordinances and requirements that govern door-to-door sale of magazines be referred to the City Attorney, the City ~h~nager and the Conmlissioner of Revenue for study, report and reconunendation, was before Council. (For full text, see connnunication as filed in the City Clerk's Mr. Garland moved that the matter be referred to the City Attorney, City Manager and Con~nissioner of Revenue for study of existing Ordinances and requirements pertaining to door-to-door sale of magazines and for report and reconuuendation to the Council. The~otion was seconded by Mr. Grove and unan~nously adopted. Hr. Charles R. H£tchell ~ade reference to a particular incident which happened in his neighborhood, edvising ~hst Council should adopt an Ordinance that will completely elJ~n~nate door-to-door sale of magazines by out of to~m SEWEIt5 AND STOP~H D~AINS-~TER DEPARTMENT-ANNEXATION= A c0~mnu~lcation from Hr. William F. Clark~ Clerk; Roanoke County Board of Supervisors, tran~m~tting copy of Resolution No. 1596 adopted by tho Roanoke county Board of Supervisors on September 14, 1976, approving an agreement relating to sewer service for (For full text, see Resolution as fllod in the City Clerk's Office.] Hr. Garland moved that the Resolution bo received and filed. The motion was seconded by Hr. Hubard and unanimously adopted. ~UDGET-COHPENSATION BOArD-SHERIFF= A cc~maunlcation from Mro Paul J. Puckett, Sheriff, requesting that his budget appropriation for liability insurance for employees be increased from $1,600.00 to $3,142.50 due to an increase An premium~ for same, was before Council. (For full text, see co~p/~lcation as filed An the City Clerk's Office.) Hr. Thomas offered the following emergency Ordinance appropriating $1,542.50 to Insurance under Section %0714, 'Sheriff,' of the 1976-77 budget= (%23242) AN ORDINANCE to emend and reordain Section %0714, 'Sheriff,w of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hrs. Bowles and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Bubard, Taubnan, Thomas and Hayor Taylor ............................... 7. NAYS= None .................................0. BUDGET-SCHOOLS: A com~unlcation from the Roanoke City School Board requesting an appropriation of $622,504.00 to Title I, P. ~. 09-10, one hundred per cent of actual expenditures to be reimbursed by Title ~, P. L. 89-10 funds, was before Council. (For full text, see co~unication as filed in the city Clerk's Office.) Hrs. Bowles offered the followlng emergency Ordinance appropriating the requested funds= (%23243) AN ORDINANCE to amend and reordain Section %15000, 'Schools - Title I, P. L. 89-10,~ of the 1976-77 Appropriation Ordinance, and providlng for an emergency. (For full text of Ordinance, see Ordinance ~ook No. Hrs. Bowles move~ the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and ~4ayor Taylor ............................. ?. NAYS: None ................................ 0. BUDG~-SC~OOLSz & cc~unication from ~he l~oanoke City Sch~l ~ard ~e~es~n~ ~ appropriation of ~59,542.00 to ~e 1976-77 ~le I ~nter p. L. 89-10, ~22~810.00 rep~as~ng ca=~ over f~ds ~o be ~=~sfer=ed ~e Title I 1975-76 Winter Progr~ ~d ~36~732.00 repres~ting ~app~oprlated f~ds fr~ ~e 19~5-76 Title ~ Pr~r~, was before Co~c~l. (For full text~ see c~cat[on as filed ~n ~e City Clerk's Off~ce.) ~. Grove offered ~e foll~ng ~rgen~ Ordinance appropriating the requested ([23244) ~ O~IN~CE to ~nd ~d reordain Section %15000, 'Sch~ls - C~lned Federal Pr~r~,' of ~e 1976-~7 Appropriat~on Ord~n~ce, ~d providing for an ~ergency. (For full text of Ordinance, see Ordin~ce ~ok No. ~. Grove move~ the adoption of ~e Ord~n~ce. The ~t~on was seconded by ~. Garland and adopted by ~e foll~ng vote: AYES: Cocci1 m~ers B~les, Garland~ Grove~ H~ard, Ta~ Th~s and ~yor Taylor ............................... ~YS= None ................................. 0. ~PORTS OF T~FIC~ The Acting City Hanagar s~tted a written re~rt of City Manager in connection with ~e ne~d for a traffic s~al at Garden City Boulevard and ~v~rland Road, S. E.~ reiterating h~s rec~endat[on ~at it~be considered for inclusion ~n ~e f~scal year 19~7-78 budget. (For full text, see report as filed ~n ~a city Clerk's Off~ce.) ~. Grove ~ved that ~e C~ty ~nager be ~nstructed to tr~sfer f~ds in ~e ~o~t of $78~000.00 fr~ an appropriate capital accost to Garden C[ty-Riverdale ~affic signal so ~at ~[s signal ~y be placed on order now, that he also be instructed to ~nclude ~s it~ in ~e 1977-78 f~scal year budget so that ~e $78,000.00 ~y be refined to ~e proper capital accost at that t[m~ ~d that ~e City Manager fur~er be instructed to investigate ~e possibility of any f~ding for this traffic si~al ~ough ~e Virginia Depar~ent of H~ghways ~d Tr~sgortation and advise ~e Cocci1 accordingly. The motion was seconded by ~. Ta~ and ~ously adopted. ~. Roy Dalton, 3404 Vendor Road, S. E., advised ~at he talked wi~ representatives of the Highway Depar~ent ~d was info--ed ~at ~ere are f~ds available ~ough ~at Depar~ent to f~d a portion of the project. BU~ET-P~S ~ P~YGRO~DS: ~e Acting City Hanager s~[tted a written report of ~e City H~ager reco~ending ~at $2,722.50 be appropriated to~terials and Supplies ~der Section %1475, 'Parks ~d Recreation,' of 1976-77 budget~ to provide f~ds to re~se ~e accost to ~e extent certain monies r~ceived by the Depar~ent of Parks and Recreation and wi~ the Treas~er. (For full text, see report as file~ in ~e City Clerk's Off~ce.) Hr. Garland offered ~e foll~ng ~ergen~ Ordin~ce appropriating ~e requested (423245) AN ORDI~CE to amend and reordain Section 41475, 'Parks and Recreation,' of the 1976-77 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. Thc~as and adopted by the folloving vote= AYES= Council members Bowles~ Garlandt Grove, Hubard, Taubmant Thomas and Mayor Taylor ........................... NAYS= None ..............................0. BUDGET-PUBLIC WELFARE= The Acting City Manager s~bmitted a written report of the City Manager requesting that certain appropriations be made for the purchase of certain services required by law to he made available to citizens under the Title XX Amendment to the Social Security Act. (For full text, see report as filed in the city Clerk's Office.) Hr. Thomas offered the following enaergency Ordinance appropriating $6,023.40 to Protective Services for Adults, $8,664.30 to Day Care for Children Developmentally Disabled, $9,?68.55 to Day Care for Adults Develop- mentally Disabled and $11,812.45 to Training to Maxlmize Independence for Adults and Children under Section t1540, 'Title XX, Services,' of the 1976-77 budget= (423246) AN ORDINANCE to amend and reordatn Section ~1540, 'Title XX, Services,' of the 1976-77 Appropriation ordinance, and providing for an emer- gency. [For full text of Ordlnance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the followlng vote: AYES: Council members Bowles, Garland, Grove, Hubard, Tab, man, Thomas and Mayor Taylor ........................... 7. NAYS: None ............................ 0. BUDGET-PUBLIC WELFAP~: The Acting City Manager submitted a written report of the city Manager reconunending that $5,860.00 be transferred from Materials and Supplies to Day Care Training Supplies under Section %1537, "Social Services," of the 1976-77 budget, in order to provide separate accounting of these expenditures. (For full text, see report as filed in the City Clerk's Office.) Mrs. Bowles offered the following emergency Ordinance transferring the requested funds= (423247) AR ORDINANCE to emend and reordaln Section ~1537, 'Social Services," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ............................7. NAYS: None .............................. 0. SERVICE CENTER: The Acting City Manager s-h~tted a written report of the City Manager in connection with engineering services relating to the Public Works Service Center, rsco~ending that Change Order Ho. 3, in the amount of $18,722,17, to the contract withVoabeck ¥oebeck Kend~lck Redinger be executed to provide for payment of increased costs for the plans and professional services related to the design and const~uction of the service center, and that sufficient funds be appropriated for the purpose. (For full text, see report as filed in the City Clerk's Office.) In view of the fact that certain me. bars of council had questions relative to the matter, on motion of Hr. Grove, seconded by Hr. Taub~an and unanhaously adopted, action on the report was deferred until the next re9~lar meeting of Council on Monday, October 4, 1976. SERVICE CENTER= The Acting City Hanager submitted a written report of the City Manager recom~ending authorization to execute Cha~ge Order No. 2 for the sum of $3,436.42 to the contract withGraves Construction Company, Incor- porated~ for interior cc~pletion of the public Works SerVice Center, advising that the final total contract would then become $1,342,436.42. (For full text, see report as filed in the City Clerk's Office.) In view of the fact that certain members of Council had questions relative to the ~atter, on motion of Hr. Grove, seconded by Hr. Taubmall and unani~)usly adopted, action on the report was deferred until the next regular meeting of Co~lcll on Honday, October 4, 1976. CITY EMPLOYEES-PUBLIC h~LFA~tE: The Acting City Manager s~tb~itted a written report of the City Manager advising that the Personnel Board has voted to add a Step 3 at $358.00 bi-weekly and a Step 4 at $376.00 bl-weekly to the classlficatlon of Social Worker Trainee, in order that an in-service promotion, if desired, can be ~de by the Huma~ Services Department, and recc~m~ending that the cha~ges be approved and the necessary Ordinances be amended to have the Pay Plan altered accordingly. (For full text, see report as filed in the City Clerk's Office.) Mr. Grove moved that the report be received and concurred in. The motion was seconded by Hr. Taubman and unanimously adopted. BUDGET-AIRPORT= The Acting City Manager submitted a written report of the City Manager requesting that $166,000.00 and $190,000.00 be transferred to a new account and that $364,000.00 in additional funds be appropriated to this same new account to provide initial financing for seven different divisions of project work at Roanoke Municipal Airport, woodr~unField, with funding fro~ the Federal and State goverrunents to be in the for~of reimbursement. (For full text, see report as filed in the City Clerk's Office.) Hr. Taub~an offered the following emergency Ordinance tr~nsferrlng $166,000.00 from vehlcular Equipment, $190,000.00 fro~ Operational and Constructlor Equipment and appropriating $?20,000.00 to Federally Funded Projects under Section %2401, 'Capital Outlay From Revenue,' of the 1976-77 budget: (%23248) AN ORDINANCE to a~end and reordaln Section %2401, =Capital Outlay From Revenue,= of the 1976-77 Airport Fand Appropriation Ordinance, and providing for an emergency. (For full text o£ o~dinance, see Ordinance Book No. Hr. Ta-hm-n moved the adoption of the Ordinance. The motion was seconded by H~o Nubard and adopted by the following votes AYES t Council members Bowles~ Garland, Grove, Hubard, Thomas and Mayor Taylor ............................. 7. NAYS~ None ...............................0. In this conneetionm the City Attorney submitted a written report advising of receipt fro~ the Federal Aviation Administration of a grant offer for financing the airport project approved by Resolution No. 23236, and trans- mitting a Resolution which would accept the grant Offer and authorize execu- tion of a grant agreement for ADAP Project No. 6-51-0045-06. (For full text, see report aa filed in the City C~erkts office.) Mr. Taubman offered the following Resolution accepting the grant offers ([23249) A RESOLUTION accepting a grant offer Of Federal Airport and Airway Development funds to assist in financing ADAP Project No. 6-51-0045- 06, for certain improvements of facilities at Roanoke Municipal Airport, Woodrem Field~ and authorizing execution of acceptance of a grant offer of a maximum of $648,000.00 of such funds. (For full text of Resolution, see Resolution Book No. Mr. Taubman moved the adoption of the Resolution. Yne motion was seconded by Mr. N~bard and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas a~d Mayor Taylor ............................... 7. NAYS= None .................................0. WATER DEPART}tENT: The Acting City Ha~ager submitted a written report of the City Manager concurring in a report of a committee in connection with development of the Back Creek Water Supply, reconunending that a contract be entered into, in the form of a purchase order~ with Hayes, Seay, Mattern and Mattern to perform the Geological Reconnaissance Survey and Preliminary Subsurface Investigation, and that $15,000.00 be appropriated for th~s work. (For full text, see report as filed in the City Clerk*s Office,} Mr. Thomas moved that the report be referred to the Water Resources Com~L~ttee for study, report and recommendation to Council. The motion was seconded by Mr. Hubard and unanimously adopted. SEWERS AND STORM DRAINS: The Acting City Manager eubmitted a written report of the City Manager in connection with the evaluation Of the Tinker Creek Interceptor, advising of receipt of an inquiry from Botetourt County as to whether the city would jointly undertake an evaluation of the entire Tinker Creek Interceptor with other local governments, requesting Councilts cont/nued support of this evaluation and authority to execute a letter o£ intent at this time and a proposed agreement when the terms are agreeable. (For full text, see report as filed in the City Clerkts Office.} Mr. Thc~as offered the followlng Resolution: (J23250) A RESOLUTION expressing ~he intent of the Council to hereafter authorize the City to enter into a certain agreenentw upon similar authorization glven by certain other political sulxlivisionsw relating to the Tinker Creek interceptor sewer line~ and authorizing the City Hanager to provide in writing such evidence of such intent as may be necessary to secure Federal assistance for such analyste~ upon certain terms and conditions. (For full text of Resolution, see Resolution Book Nco Hr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Rubard and adopted by the following vote= AYESI Council members Bo~les, Garland, Grove, Rubard, Taubmml, ThOmas and Hayor Taylor ................................ 7o NAYS~ None ..................................0. STREETS AND ALLEYS-SIDEWAlK, CURB AND GUTTERI The Acting City Manager suhmitted a written report of the City Manager in connection with the matter of excessive truck traffic in the 1600, 1700 and 1800 blocks of Wayne Street, N. E., and the deteriorated condition of the street's pavement and sidewalk areas, advising that due to very little tractor trailer and other large vehicular traffic observed on Wayne Street, there appears to be no iustificatlon for the installation of 'through trucks prohibited' sig~s at this time, that appropriate repairs have been completed to both sidewalk and roadway surfaces and these blocks have been placed in the top category of streets needing a pavement overlay in this fiscal year with actual paving to he done in the spring of (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 Mr. Hubard and u~a~Jd~ously adopted. SEWERS AND STORM DRAINS= The Acting City Manager submitted a written report of the City Manager requesting authority to execute a new two year lease agreement withGeneralAmerlcan Transportation Corporation (GATX) for six each 10,000 gallon rubber lined tank cars for the transportation of pickle liquor to the Sewage Treatm~t Plant, at the rate of $215.00 per month per car. (For full text, see report as filed in the City Clerk's Office.) Mr. Thc~nas moved that Council concur in the report and that the followlng Ordinance be placed upon its first reading= (%23251) AN ORDINANCE accepting the proposal of General A~ertcan Transportation Corporation to continue to lease to the city six (6) rubber llned tall tank cars for use at the City's Sewage Treatment Plant upon certain terms and conditionsl and authorizing the City's sublease of said tank cars to Wheeling- Pittsburgh Steel Corporation. The motion was seconded byMr. Grove and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ........................... NAYS: None .............................0. TRAFFICt The Acting City Hanager submitted a written report of the City MaAager relatlYe to the Central Business District Traffic Signal System for downtown Roanoke, advising of receipt of bids by the Virginia Department of Highways on August 18, 1976, with the apparent low bidder being Co~utron Systems Corporation, in the amount of $1,028,271.00, that the city met with the Highway Department on September 21st and for the first t~u~e was Officially informed of the various types of equipment bid, that the city was advised it was necessary that the low bidder be informed of the acceptance of his bid no later than October 2 in order to comply with requirements o[ the bid documents, and in light of extreme constraints and the Highway Department stating that the bid is in compliance with bid documents, he has no alternative but to recommend! that Council authorize the execution of the state-city agreement with the city ts share of the entire project being $180,087.1§. The city Manager further advised that he will request the Highway Department to take the entire time allotted of 30 days fram the tine the contract is signed until the notice to proceed is transmitted to ~he contractor and during this t~e the city will make the necessary contacts with the contractor to ascertain if it is desirable to request a substitute of any equipment items In order to ease maintenance and operation of the system by the city upon construction completion. (For full text, see report as filed in the City Clerk~s office.) }tr. Hubard offered the following emergency Ordinance providing for execution of the agreement= (~23252) AN OI~DINANCE providing for the execution of an agree/nent with the Virginia Department of Highways and Transportation relative to a pro- ject for improvement of the traffic signal system in the Central Business District area of the city, designated as Project 5501-128-101, P-101, C-501, Federal Project M-5128 (5), and signifying the citySs intent to participate in the payment o[ a certain portion of the costs of said project, end agreeing upon certain other matters; and providing for an ~mergency. (For full text of Ordinance, see Ordinance Bock NO. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the [ollowing vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thc~uas and Mayor Taylor ............................. 7. NAYS: None ...............................0. In this connection, the City Hanager submitted a further report requesting authority to appoint an experienced city e~ployee with the position title of Lead Signalman to the job of Coordinator for this project and bill the Commonwealthli of Virginia for the hours involved based on salary plus fringe benefits, and also that Council approve an additional position and hire an additional employee on a temporary basis in the Street Maintenance Department to replace the e~mployee designated as the Coordinator and retain this position ttntil the CED Signal System project is complete. (For full text, see report as filed in the City Clerkts Office.) 4O Hr. Hubard offered the follov~g e~ergenc~ Ordinance appropriating $8,521.50 to Salaries and Wages under Section J1658, 'Street Ha~ntenance,' end ~2,556.45 to Fringe Benefits under Section Jlel0, 'Hon-Depa~tmental,' of the 1976-77 budget to provide sufficient funds es per the request of the City Hanager= (S23253) AN ORDInaNCE to amend and reordain Section t1658, 'Street Haintenance,' and Section S1810, 'Non-Departmental,' of the 1976-77 App~opria- tion Ordinance, and providing for an emergency. (For full text of Ordinance, see OrdLnance Book No. Hr. Hubard moved the adoption of the OrdLnance. The motion was seconded by Hro Tat~man and adopted by the following vote= AYES= Council m~bers Bowles, Garlandw Grove, Hubard, Taubman, Thomas and Mayor Taylor .............................. NAYS= None ................................. 0. ~UVENILE HOHE~ The Acting City Manager submitted a written report of the City Manager in connection with community residential care programs for children in the 23rd Judlcial District, transmitting a Resolution of intent indicating Council"s support of this proposal. (For full text, see report as filed in the City Clerk's Office.) Hr. Garland offered the following Resolution expressing the Council's intent= (%23254) A RESOLUTION expressing the Council"s intent that the City of Roanoke develop a group hc~e plan for certain ~uvenile offenders by the establishment of two new group homes. (For full text of Resolution, see Resolution ~ook No. Hr. Garland moved the adoption of the ~esolution. The motion was seconded by Mr. Grove and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Ta~bmanw Tho~s and Mayor Taylor .......................... NAYS= None ............................ In this connection, the Mayor advised that at a meeting held on September 28, 1976, with Judge L. L. Koontz and representatives of the State Department of Corrections, it was pointed out that there is a need for the appointment of a committee to monitor needs and requirements of a group home plan for children in the 23rd Judicial District and, for this reason, with the concurrence of Council, he would like to appoint Hr. Lucian Y. Grove, Hr. Byron E. Haner and Mr. Willia~A. Kelley as me~bere of this com~L~ttee. Hr. Hubard moved that Conncil concur in the action of the Mayor. The motion was seconded by Hr. Thomas and tu~animously adopted. C~TY PROPERTY= The Acting City Hanager submitted a written report of the City ~Lanager advising of a public auction held on September 18, 1976, for the sale of surplus, tanglble property of the city and that $25,304.48 was deposited w£th the City Treasurer. (For full text, see report es filed in the City Clerk's Office.) Hr. Garland moved that the report be received and filed. The motion was seconded by Mrs. Bowles and unanimously adopted. PO~ICS DEPARIltENT-FIR]~ DEPARTHENT~ The Acting C~ty Hanager submitted ~d Police Depa~ts d~ing ~e ~n~ of Au~st, 1976, advising of one vac~ In ~e Fire Depar~t and seven vacuoles ~sitions frozen. (For full t~t, see re~rt as filed In ~e City Clerkes Office.} ~. H~ard~ved that ~e report~ received ~d filed. The ~tion was seconded bye. Th~s and ~an~usly T~-STATE CO,OPTION C~ISSION: ~e Director of F~n~ce s~tted a ~tten report tr~s~tt~ng a report of ~e valuations an~ levies for taxation u~n ~e property of p~ic utilities based upon the values as est~l~shed by the State Cor~ration C~ss~on compare~ for ~ ~ears 1975-76, advising ~at ~ere ~s an ~ncrease ~n ~ls t~ assessment of $2~2~382.60 from the previous calendar ~ear, of th~s ~t $99~420.~5 was ~ue to ~nexation, ~at ~e ~collecte~ ~o~t of this le~ was esti~ted to be $285,000.00 ~n ~e 1976-77 budget which me~s that the estate was ~derstate~ by $21~,630.90. (For full text, see report as f~le~ ~n ~a City Clerkes Off~ce.) Mr. H~ard moved that the report be received and filed. The motion was seconded by ~. Ta~an and ~an~ously adopted. BURET: The D~rector of Finance s~tte~ a financial re~rt of the City o~ Roanoke for ~e month of August~ 1976. (For ful~ text, see report as f~le~ ~n ~e C~ty Clerk's Office.) ~. H~ard move~ ~at ~e report be rece~ve~ ~ f~led. The motion was seconde~ by ~. Grove ~d ~an~ously a~opted. B~ET-PUBLIC ~A~: The Director of Fin~ce s~mitted a stat~ent of e~n~tures for P~lic W~lfare for ~e mon~ ended August 31, 1976. (For full text, see statist as f~led ~n ~. H~ard moved ~at ~e report be received and filed. The motion was seconded by ~. Grove and ~ously adopted. ST~T N~S: The City Planning Co~ss~on s~itted a written report tr~tt~ng a report of ~e Street N~ng S~co~tte~ r~c~n~ng c~rta~ street n~ changes, an~ advising ~at the Co~ss~on has t~ ~e position ~at changing ~ n~es of non-contt~ous streets, streets having only a state rou~e ~es~gnation, an~ duplicate streets is ess~ntia~ ~n order to provide clarity for a ~ifo~ street syst~ ~n ~e city, and that conc~rence ~ereln or d~rection ~ gu~d~ce on another me~s of pursuing ~is ~tter ~s neede~ from Co~c~l. (For ful~ text, see report as file~ ~n ~e City Clerkes Off,ce.) ~. Tarn moved ~at Cocci1 concur in City Pla~ng Co~ission in that ~e~r pr~ed~e be roll,ed relative to the ren~ng of duplicat~ streets ~n ~e City of Roanoke. The motion was seconded by ~s. B~les an~ ~ously a~opted. ~. Garland ~ved that Cocci1 hol~ a p~lic hearing on the suggested street n~e ch~ges at 7:30 p.m., Monday, ~tober 11, 19~6. The motion was seconde~ by ~. Grove an~ ~ously a~opted. ~PORTS OF CO~I~EES: CIT~ EHPLOyEES-COUNCILI Hr. Yhcoast Chaiz~an oi ~a Co~cil Policy Study C~ttee, presented a verbal re~rt advlain~ ~t ~e c~ttee ~t at 1~00 p.m.~ ~onday~ Sept~e~ 27~ 1976~ ~d opened bids ~elativa to ~e fo~tio~ ~d evaluation of ~ ~loyee ~estio~aire~ ~at tvelva bids were received ~d after ~evlew by ~e c~tttee It Is ~e ~us rec~endation ~at ~e pro.sol o~ the Division of A~nis~ation ~d Education Se~lces~ VPI ~d State U~lverslty. In the a~t of ~1,190.00, be accepted, ~d ~at all other bids be retected. In his p~esentation, ~. Th~s ~hasized ~at ~e qvestionnai~ has not ~en released nor ~ill It be adopted or released ~til ~e {o~cil has had opport~iti to Ievie~ a tabulation of ~e bld~ ~as presented ~i~ It{utes r~tng tn area of ~19~725.00 to (For full text~ see tabulation as filed tn ~e City Clerk's Office.) ~. Th~s ~ved ~at Cou~ll a=cept the proposal of the Division of A~nis~ation ~d Education Se~lces, ~I and State University~ in ~e ~o~t of $1,190.00, ~d that all o~er bids be reje=ted. The motion was seconded by ~. Garland and ~animously adopted. ~. Th~s then offered ~e foll~ing ~e~gency Ordinance appropria- ting ~1,190.00 to Fees for Professional Services ~der Se=tion 10511, 'Perso~el ~anag~ent,' of ~e 1976-~ budget~ (~23255) ~ O~I~CE to ~end an~ reordaln Section ~0511, 'Personnel H~ag~ent,' of the 19~6-77 Appropriation ordinance, ~d providing for an (For full text of Ordinance, see Ordinance ~ok No. ~. Tho~s moved the adoption of ~e Ordln~ce. The ~otion was seconded by ~s. ~wles ~d adopted by ~e foll~in9 vote: AYES: Co~ci1 m~ers B~les, Garl~d, Grove, H~ard, Ta~, Th~s ~d Hayor Taylor .................................. NAYS: Nose .............................. 0. ~. Th~s ~en moved that the City ~nager be au~orized to contact ~e Division of A~inistration ~d Educa~ional Semites, ~I and State University, to advise ~ ~at ~elr bid has been accepted, to~ke necessa~ arr~g~nts to proceed to fo~ulate the questionnaire for dlss~nation to city personnel ~d when ~e questionnaire Is finalized, ~e City ~nager is to s~ait to ~e Co~cil for review wi~ ~e ~derstanding ~at ~ questionnaire Is not to be released p~li~ly ~tll Co,oil has had ~ opport~ity to review it, ~d ~at ~e City Hanager also be authorized to take such o~er steps as ~y be necessa~ to car~ out ~e te~ of ~e proposal. The ~tlon was seconded by ~. Garland and ~ously adopted. WAT~ D~T: A c~ttee appointed to t~ulate bids received for alterations and additions to ~e Chapel Forest P~ing Station s~tted a written report ~ec~nd~g ~at ~e bid of 3. P. ~rner Bro~e~s~ lnco~rated, in ~e ~o~t of $35,850.00, including bo~ alte~ate bids, be accepted. (For full text, see report as filed h ~e city Cle~k*s office.) Hr. Grove o£fered the following emergency 0rd~nance accepting ~e p~o~sal oE ~. P. ~ne= Brokers, ~nco~ated~ ($23256) ~ O~I~CE accepting a proposal for lns~llln9 add~ttonal PlPin9 ~d ~ additional p~ In ~e Ch=~l Foresh P~lng Station and construc- tion o[ a duel pl~ line [z~ ~e Chapel ~o=es~ P~ln9 Stab{on to the Pe~ Avenue ~inished ~a~er ~ese~o~, upon certain te~ and cond~2~ons~ accep~[n~ a certain bid ~de to the City for said work~ re~ecting ~o~er bid ~de to ~e Clty~ and providing for an ~rgen~. {For full t~t of Ordfn~ce~ see Ordinance ~ok No. ~. Grove moved the adoption of the Ordinance. The ~tfon was seconded by ~s. ~wles and adopted by ~e roll.lng vote~ A~S= Co~cll m~ers Bowles~ Garland, Grove~ H~ard, Ta~n~ Th~s ~d Mayor Taylor ................................ ~. NAYS~ None ..................................0. C~CIL: A c~ttee appointed to study ~e one bid received for a c~plete microphone and multiple electronic distribution syst~, recording equi~ent ~d sold refnforc~ent syst~ in ~e Co~cil Cheer s~mitted a written report rec~end~ng ~at ~e one bid received be rejected and the project be readvertfsed. (For full text, see re~rt as filed in the City Clerk's Office.) ~s. B~les moved ~at Co~cil concur fn ~e report ~d offered the foll~ing Resolution: (%2325~) A ~SO~ION rejecting a bid received for the fnstallatfon of a c~plete microphone and multiple electronic dfstrfbution syst~, record- lng equipment and sold reinforc~ent syst~ in the co.oil cheers, and dfrectin= that ~e ~roject ~ readvertfsed for new bids. (For full text of Resolution, see Resolution Book No. ~s. B~les moved ~e adoption of the Resolution. The motion was seconded bye. Gr~e ~d adopted by ~e roll.lng vote: AYES: CO.Cf1 ~ers Bowles, Garland~ Grove, H~ard~ Ta~, Th~s ~d Mayor Taylor .............................. 7. ~YS: None ................................ 0. XNSU~CE: A c~ittee appointed to study ~d t~ulate proposals s~itted for cancer instance polfcfes for city ~ployees s~tted a wrftt~ report rec~endfng ~at ~e proposal of ~erfc~ F~ly Life Assur~ce Comply be accepted. (For full text, see report as filed [n ~e City Clerk's Office.) After a diseusslon relative to ~e degree of interest on the part of city ~loyees for ~fs type of coverage, ~. Garl~d ~ved ~at the City M~ager be requested to advise Co.oil as to interest on ~e part of city perso~el for ~is t~e of coverage ~d to rec~end a~n~n~er for ~art/cipation, ~d ~at the report be referred to ~e Cfty Attorney for preparation of ~e proper measure conc~rfng fn ~e fecundation of ~e c=ttee after the ~ove fnfo~tfon has been received. The ~tfon was seconded byes. B~les and ~an~ously adopted. T~f~ES~ The City Taxes Co~tttee sul~ltted a ~r~tten re~ort In connect£on with the late f~ling of a personal probity t~ ret~ by ~e H.P.S, Co~tion, ~ec~end~9 that no relief ~ 9r~t~ to said Co~atlon~ ~d ~l~ tefer~ce to ~e me~ to ~ used for assessing personal pro~rty t~ ~d p~chasing aut~oblle decals ~d tags, advis~g ~at In its opinion ~e present options contained In Ordin~ce No. 2283~ provides to aut~blle ~ers ~e widest options for paint of t~gible personal property taxes ~d aut~bile license t~es, ~at ~e cost of ~stage on ~llings and ~e ~ssibllity of additional revenue to the city on invested t~ revenues Is c~pletely indete~nate ~d, at best~ sec~da~ to consideration of ~e above, ~d ~e c~ittee rec~ends ~at no ch~ge be ~de in the present c~e provisions relating to ~ls ~tter. (For full text, see report as filed In ~e City Clerk's Office.} ~. Ta-~m~ ~ved ~at Co~cil conc~ In ~e re,rt. The ~tion was seconded by ~. Garland ~d ~usly adopted. CITIZENS~ T~K FORCE FOR CRI~ P~TION ~D A re~rt of ~e Steering C~ttee, Citiz~s~ Task Force for Cr~e Prevention ~d Social Development, relating to its study of the concept ~d reco~enda- tions of ~e fo~tion and structure of said task force~ was before Cocci1. (For full text, see report as filed in ~e City Clerk*s Office.) Due to the fact that all nomination fo~ for ~e Task Force had not been received, Reverend ~roy C. Roberts, Chai~ of the Steering Co~ttee~ speared before Co~cll ~d requested ~at action on ~e report be delayed ~til all no, nation fo~ have been received. ~. Ta~ moved that Co,oil conc~ in ~e request. The motion was seconded by ~. Grove and ~an~ously adopted. AUDIT COSinE: Minutes of the meeting of the Audit Co--tree held on Segt~er 20~ 1976, wer~ before Co~cil. (For full text, see ~nutes as filed in ~e City Clerk's Office.} Mr. H~ard moved ~at ~e minutes ~ received and filed. The motion was seconded by ~. Garland ~d ~an~ously adopted. AI~ORT-ST~T N~S: Co~cil having previously deferred action on a re~ort of the foyer Airport Adviso~ C~ssion re~esting concurrence to have street signs installed at appropriate locations at Ro~oke M~icipal Airport, W~ Field, to n~e ~e fixed base access road Henefee Drive, and ~e loop road ~d access ~ereto D~ahoe Drive, pending additional info~tion~ ~tter was again before the b~y. ~. Ta-~ advised ~at ~e fixed base operators at ~e Ai~ort would like to have more input into ~e ~tter report be referred to ~e newly foxed Ai~ort Adviso~ C~ssion, which to be appointed later during ~e meeting~ for consideration. The motion was seconded by ~. H~ard ~d ~an~ously adopted. TAXESz Council hav~ng previously requested that ~he City Taxes Co~aittee submit a re~rt relative to ~e use of l~x pr~ed~es~ ~e ~tter was before ~o Cha~ of ~e c~tte~ advised ~at ~s ~t~ that ~t w~ll be t~en up by ~e City T~es C~ttee at a later date he woula l~ke for action to be dele=red ~t~l J~ua~ 1, 19~. ~. H~ard ~ved ~at ~e ~tter be de[erred indefinitely. The motion was seconded bye. Tarn ~d ~an~usly adopted. CONSIDE~TION OF C~I NO~. I~RODUCTION~D CONSIDE~TION OF O~I~CES ~D ~SOLUTIONS= AI~RT= Ordin~ce No. 2~235 au~orizing execution of License Agre~nt No. ~-FA~7~-8672, with ~e Federal Aviation A~nistration providing for ~e construction and ~intenance of ~ ~R-8 radar facility at Roanoke H~lcipal Airart, Wo~r~ Field, u~n certain te~ and conditions, having previously been before Co~cil for its first reading, read ~d adopted on its first reading ~d laid over, was again ~[ore ~e b~y, ~. Ta~n offering the foll~ing for its second reading and final adoption: (~23235) ~ O~I~CE au~orizing execution of License Agre~ent No. ~T-FA~7~-86~2, wi~ ~e Federal Aviation A~inistratio~ providing for the Construction and~intenance of an ASR-8 radar facility at Roanoke H~iclpal Airart, Wo~r~ Field, u~n certain te~s and conditions. {For full text of O~in~ce, see Ordinance Book No. ~. Ta~ ~ved ~e adoption of ~e Ordinance. The motion was seconded bye. H~ard and adopted by ~e foll~ing vote: AYES: Cocci1 m~ers Bowles, Garl~d, Grove, H~ard, Ta~, Th~s and Mayor Taylor ............................. ~YS= None ............................... ~TION: Cocci1 having directed the City Attorney to prepare ~e proper meas~e conc~ring in a certain debt schedule approved by ~e Board of Suge~isors of Roanoke County for pa~ent by ~e City of Roanoke, as a result of certain ~exations of co~ty territo~ to ~e City of Roanoke, he presented s~e; whereupon, Mr. Grove offered ~e foll~ing Resolution: (%23258) A ~SOLUTION concurring in a certain debt schedule approved by ~e Board of Su~e~isors of Roanoke Co~ty for pa~ent by the City Ro~oke, as a result o~ certa~ ~exations of co~ty territo~ to ~e City of Roanoke. (For full t~t of Resolution, see Resolution ~ok No. ~. Grove moved the adoption of ~e Resolution. The motion was seconded by Mrs. B~les ~d a~opted by ~e foll~ing vote: AYES= Co--oil m~ers ~les, Garl~d, Grove~ H~ard, Ta~, Th~s ~d ~yor Taylor ............................. 7. NAYS: None ...............................0. .45 AIRPONT-TAXES-LICENSZSz Council having d~ectad the City ~ttornay to prepare the proper measure providing for the license tax on persons who engage in t~e business of furnishing automobiles and other motor vehicles upon renbal agreement or upon sale and repurchase agre~nent to provide for a license tax of $°55 per $100°00 of gross receipts, retroactive to January 1, 1976, he presented same~ whereupon, Y~s° BO~les offered the following emergenc~ Ordlnancez (f23259} A~ O~DI~CE a~endlng and reordainlng Sec. 40. Automobile rentin~ etc.~ Chapter 8. ~lcense Tax Cod~, of Title VI. Taxatlon.~ of The Code Of the City of Roanoke, 1956, as amended, provid~g for the license tax on Persons who engage in the business of furnishing automobiles and other motor vehicles upon rental agreement or upon sale and repurchase agreement, making such amendment retroactive to January 1~ 19761 and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles ~oved the adoption of the Ordinance. The motion was by Mr. Ta~bman and adopted by the following vote= AYES= Councll members Bowles, Garland, Grove, Hubard, Taubman, Thcx~as and Mayor Taylor ............................. NAYS= None ...............................0. C~TY F2%PLOYF~ES= Council having directed the City Attorney to prepare the pro,er measure adding a new subsection to the City Code to provide rules and regulations relating to squivalent time off for hours worked in lieu of payment therefor for certai~ employees of the city from and after April l, 197~, he present~!d same~ whereupon, Mr. Thomas moved that the following Ordinance be placed upou its first reading= (%23260) AN ORDINANCE a~nding end reordaining Sec. 11. Office hours and holidays., Chapter 3. Officers and ~ployees Generally., of Title II, Administration, cf The Code of the City of Roanoke, 1956, as amended, by au~ending subsection (d) thereof and by adding a new subsection (f) thereto to provide rules and regulations relating to equivalent time off for hours worked in lieu of payment therefor for certain officers and employees of the City from and after April 1, 197~. (For full text of Ordinance, see Ordinance BOok No. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .............................. NAYS: None ............................... 0. HOUSING-SLUM CLEA~ANCEPLANNING-GPJ~NT$: Council having directed the city Attorney to prepare the proper measure increasing the city of Roanoke Re- development and Housing Authnrity's allocation for housing assistance payments by twenty additional dwelling units, he presented same; whereupon, Mr. Hubard offered the following Resolutlon= (#23261) A P~$OLUTZON approving an amenc~ment to Sec. 8 of the United States Department o~ Housing a/~d Urha~ Develo~nt~ C~Lty Develo~ent Block Gr~t~ Gr~t NO. B-76-~-51-0020~ by Increaser ~e City of Ro~oke Redevelo~ent ~ Housing Au~ority~s allocation for housing assls~ce paints by twenty (20) addltlonal dwelltnq ~Lts. (For full text of ~solution, see Resolution ~ok No. ~. H~ard ~ved ~e adoption of ~e Resolution. The motion was seconded by ~. Gr~e ~d adopted by ~e foll~lng vote~ AYES= Co~u~l ~ers ~les~ Garl~d~ Grove~ H~ard~ Ta-~ ~s and ~yor Taylor .............................. NAYS= None ................................0. MUSE~-SCH~-CI~ PROPERTY~ Co~c~l having d~recte~ ~e City Attorney to prepare ~e proof measure ~endtng and reorda~ning Ordinance 228~4 au~ortzing ~d providing for ~e lease by ~e c~ty of ~e foyer Tinker Sch~l s~te to the Science Nuse~ Ass~lat~on of ~oke Valley, u~n certain te~ and conditions, he presented s~e; whereu~n~ ~s. ~wles moved ~at foll~ng Ordinance be placea u~n its f~rst read~ng: (%23262) ~ O~1~CE ~ing and reordain~ng Or,in,ce No. 22874 adopted May 3, 1976~ authorizing and providing for the lease by the city of the four Tinker School site to the Science Muse~Ass~iatlon of ~oanoke Valley, u~n certain te~ and conditions. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by ~. Garlan~ and adopted by ~e following AYES: Cocci1 m~ers ~wles, Garland, Grove~ H~ard, Tarn, Th~s an~ ~yor Taylor ............................... NAYS= None .................................0. ~GIO~ JAIL: Cocci1 having dlre=te~ ~e City Attorney to prepare ~e proper measure au~orizing ~e arc~tects to proceed wi~ ~e design phase of the city's ja~l const~ction progr~, he pre=~ted s~e; whereu~n, H~d offered ~e roll,lng Resolution: (%23263) A ~SOLUTION directing ~e City Manager ~chitect to proceed w~ the design phase of ~e City's jail const~ct~on progr~ upon certain te~ ~d conditions. (For full text of Resolution, see Resolution B~k No. ~. H~ard moved ~e adoption of the ~esolution. The motion was seconded by ~. Grove and a~oDte~ by the foll~ing vote= Th~s and Mayor Taylor ................................ ~US~S= Mr. H~ard offered ~e foll~lng Resolution g~erally approving an extension by Greater Ro~oke ~sit C~p~y of a contract for a twelve mon~ peri~ fr~ ~d after March 23, 1977, for ~ag~t se~ices to be provided sa~ Co~y by A~ ~ag~ent an~ Semite C~y, Incor~ora- (J23254) A RESOLUTION generally approving an extension by Greater Roanoke Transit Co~any of a contract for a twelye ~onth periocl fr~and after March 23, 1977t for management services to beprovlded said Company. (For full text of l~solutiont see Resolution Book ~r. Hubard moved the adoption of the Resolution. The motion was secondel by}ir. Tauhman and adopted by ~he following vote= AYES~ Council members Bowles~ Grove~ H~bard~ Ta"~m~n~ and Mayor Taylor ............................................................. 5. NAYS~ CoUncil members Garland and Thomas ...................... BUSES~ The Greater Roanoke Transit company Board of Directors at its meeting on September 20, 1976, having authorized that the Municipal Auditor for the City of Roanoke will be the internal auditor for GRTCt ~r. Thomas offered the following Resolution authorizing and directing the Municipal Auditor of the City of Roanoke to provide internal auditing for Greater Roanoke Transit Company in the operation of the urbaJl mess transit syste~ in the city= (%23265) A P~SOLUTION authorizing and directing the M~icipal Auditor of the City of Roanoke to provide internal auditing for Greater Roanoke Transit Company in the operation of the urban mass transit system in the City. (For full text of Resolution, see Resolution Book No. }~r. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES~ Council members Bowles, Garland, Grove, Hubard, Taubm~n, Thomas and Mayor Taylor ............................... NAYS= None .................................0. BUSES= The Greater Roanoke Transit Company Board of Directors at its meeting on September 20, 1976, having approved a new schedule of fares to be charged passengers using the tlrban~ass transportation system operated by Greater Roanoke Transit Company, by providing for a base fare of $.40, a senior c£tize~ and h~ndlcapped fare of $.20, a te~ ride ticket at $3.50~ elimination of the weekly pass, a student token at two for $.40 and a free transfer~ effective October 15, 1976, Mr. Taubman offered the following Resolution approving the schedule of fares: (S23266) A I~ESOLUTZON approving a schedule of fares to he charged passengers using the urban mass transportation systela operated in the City by Greater Roanoke Transit Company. (For full text Of Resolutlon, see Resolution Book No. Mr. Taubma~ moved the adoption of the Resolution. The motion was seconded by Mr. Hubard. Mrs. Bowles advised that she has received several telephone calls a~d a communication from senior citizens rec~uesttng that the weekly pass he reinsta and moved that the Ordinance be amended to reinstate the weekly pass at The motion was seconded by Mr. Thomas and lost by the following vote= AYES: Co~ncil me~ber2 Bowles and Thomas ...................... 2. NAYS= Council members Garland, Grove, Hubard, Taubman and ............................................................. Mayor Taylor ¸ed The General ~anager of Valley Hetro strongly reccmuended that the weekly pass be eliminated, advising that he has tried to impress upon senior citizens if they utilize the senior citizen fare of $.15 they would have to ride 30 t~mes to get their $4,50 worth (cost of weekly pass at present). Resolution No. 23266 was then adopted by the following vote= AYES= Council me~bere Bowles, Garland, Grove~ Hubardt Taubman, Thanes and Hayor Taylor ..................................................7. ~A¥S= ~one .....................................................0o Ha. Louisa Jo Wilson, 2102 Brookalde L~ne, So E., complained about the reduction of bus service to approximately a One mile segment of the R£verdale area, effective October 15, 1976, advising that she is dependent upon bus service for transportation to and from college. H~. Taub~an moved that ~ny action on the matter and discussion thereof be deferred until the next regular meeting of Council on Honday, October 4, 1976, and that the General Hanager of Valley Hetro be requested to advise the Council of the number of m~les and expenses involved, his recommendation as to whether or not the service should be continued and the number of trips he would consider appropriate, if any~ and also that this same infcr~ation be furnished to the Council as it pertains to the Garde~ City craig-Robertson Road area. The motion was seconded by Mr. Thomas and unanimously adopted. SEWERS AND S%~P~4D~AI~S-WATER DEPARTmENT-ANNEXATION= ~tr. Hubard offered the follow£ng emergency Ordinance relating to certain sewage service in the annexed areas of the city~ extending to the Coanty of Roanoke and Roanoke County P~blic Service Authority proposal Of an agreement to be entered into providing certain te-~porary procedures to be employed in hilllng and collecting charges for transmission and treatment cf sewage in said areas, and authorizing the C~ty of Roanoke~s execution of sa~d agreement= {%23267} AN ORDINANCE relating to certain sewage service in the annexed areas of the City; extending to the Coanty of Roanoke and Roanoke County Publlc Service Authority proposal of an agreement to be entered into providing certain temporary procedures to be employed in hi11ing and collecting charges for transmission and treatment of sewage in said areas~ authorizing the City of Roanoke~s execution of said agreement~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. ~Lr. Grove moved that the Ordinance he a~ended on page 2, nu~er 2, to insert the followlng language= 'The parties Of the first part shall be entitledll to withdraw from said account and use so much of said revenues as would be equivalent and equal to the amount of such revenues as would have been received and collected if billed and collected at the prevaillng rates charged for s~lilar service by the party of the second part~ the remainder of such revenues, i.e., the aggregate of the difference in revenue between sat~ schedules of rates shall be held by the parties of the first part in the separate account, subject to the provisions Of paragraphs 3., A., B, C, 4. and 5., followlng.'~ and also on page 3, number 3 B, that the following words be deleted= 'and the parties 5O of the first part shall charge the party of the second part a transmission charge as provided by contract between the parties dated M~rch iTw 1972, for tale sewage transmission service provided by lines o~ned by the parties of the first partl". The motion was seconded byM~. Hubard and adopted by the following vote= AYES= Council me~bers Bowles, Garland, Grove, HUb0~d, Tho~s andK~yor Taylor ................................ 1iA¥$= Hone .................................. Mr. Hubard then moved the adoption of the Ordinance as ~mended. The motion was seconded by M~o Taub~n and adopted by the following vote~ AYES~ Council members Bowles, Garlundw Grovew Hubard~ Thanes and Mayor Taylor ............................... NAYS= None .................................0. AIP~ORT: Council having directed the City Atto~ley to prepare the proper measure providing for the esteblislunent of a new airport advisory commission and for the membership of said ¢ommission~ and providing for liaison mem. bets to be appointed by governing bodies of certain other political subdivisions, he presented same. Mr. Hubard moved that the Ordinance be emended in Section 3.1 (a) to provide that the members of the said Commission shall serve for terms of four years ending June 30, that initially two me~bers shall serve for a ter~ ending June 30, 1980~ two ~mbers shall serve for a retreading J~ne 30, 1979, two members shall serve for a term ending June 30, 1978, a~d one member shall serve for a ter~ ending d~ne 30, 1977, each, terminating on June 30, and vacancies shall be filled by the Council for the unexpired portion of any such term~ and also in subsection (b) that the words 'not a me~ber of such governing bodyw be deleted. The motion was seconded by }ir. Ta~bman and adopte~ by the following vote= AYES: Co~Ulcil members Bowles, Garland, Grove, H~bard~ Taubman, Thomas and Mayor Taylor ..................................... NAYS= None ....................................... Mr. Nubard than offered the following emergency Ordinance as amended= (%23268) AN ORDINANCE to amend and reordain Sec. 3.1., Chapter 5., of Title VIII, of The Code of the City of Roanoke, 1956, as emended, by provid- ing for the establishment of a new airport advisory comalission and for the membership of said ¢ommissionl providing for l£aison members to be appointed by governing bodies of certain other political subd£visionsI and providing for an emergency. [For full text of Ordinance~ see ordinance Book No. Mr. Hubard moved the adoption of the Ordinance as amended. The motion was seconded by Mr. Grove and adopted by the followlng vote= AYES: Council men,ers Bowles, Garlandw GroYe~ Hubard, Tattfm~-n, Thomas and Mayor Taylor ...................................... NAYS= None ...................................... 0. COHNI~q~ES~ Council havin~ previously deferred action on a reccemanda~lon o£ ~he ~lrport Stud~ C~tee t~at the cl~ conside~ m~lf~lng l~s recen~ adopted ~les so as ~o ~ as ~e~s o~ ~u~ori~les~ boards~ c~lss~ons and c~ttees, persons who are not residents of ~e C~ty of ~e ~tter was again ~fore ~e Mr. H~ar~ ~vea ~at ~e C~ty Atto~a~ be ~ns~ucte~ to prepare ~e proper measure deleting ~at portion o~ Section 4, S~section (e}, He~ of Ap~ln~ent, Chapter 4, T~tle ~, o~ The C~ of the C~ty o~ Ro~oke~ as ~nded~ which requires ~at ~rs of a~orit~es~ b~rds~ c~iss~ons ~ c~tt~es must be residents of the C~ty of Ro~oke. Th~ ~t~on was bye. Garland and adopted, Hr. Ta~vot~ng no. It was ~e consensus of f~el~ng by ~e ~or~ty of Co~cll, that ~n special ~nstances ~e Co~c~l might w~t to ap~int non-r~s~ants to c~rta~ o~ ~ts author~t~es~ boards, c~ss~ons and co~tt~es. H~IONS ~D HISCE~OUS BUSINESS= C~NC~L-~G~S~T~ON= As previously requeste~ by ~e Co~ci~, ~e ~yor advised that Cocci1 will meet as a Co~tte~ of ~e ~ole on Honday, ~tober 11, 1976, at 5=00 p.m., In ~e Executive Session R~m, to discuss proposed legislative changes. CO~E~S-A~R~UH-COLISEUH: Co~cil having previously to ~lect a new Ro~oke Civic Center Co~ssion pursuit to Ord~n~cu ~o. 23240, ~. Th~s placed in nomination ~e n~es of ~s. Genevieve G. Dickinson, ~essrs. Lacy L. E~wards, Jr., Lawrence ~. ~lar, L~oyd G. Ha~e, Frank C. Mart~n, Jr., J. Carson Quarles, Vincent S. ~eeler, Jo~ A. Ke~ley~ ~ Horace S. Fitzpatrick. There being no further n~nations, ~s. Genevieve G. Dickinson, Messrs. Lacy h. Edwar~s~ Jr., La~ce H. ~lar, Lloyd G. Ha~e~ Frank C. ~rt~n, Jr., J. Carson Quarles ~d V~ncent S. ~ee~r were elected as m~ers of ~e Roanoke C~v~c Center Co~ss~on for te~ of on~ ~ar ~ach en~g Sept~er 30, 1977, by ~e foll~ng vote= FOR M~. DICKINSON: Cocci1 m~ers ~les, Grove~ H~ard, Ta~ ~ Mayor Taylor .......................................................... 5. FOR ~. EDW~S= Cocci1 m~ers B~les, Garland, Grove, H~ard, Ta~n and Mayor Taylor .................................................. 6. FOR ~. ~: Cocci1 m~ers ~wl~s, Garl~d~ Grove, H~ard~ Ta~n~ Th~s ~ Mayor Taylor .......................................... 7. FOR ~. ~IE= Cocci1 m~ers B~es, Grove, H~ard, Ta~, and Th~s 5 .................................................................... FOR~. ~TIN= Co~ci~ m~ers ~les, Garland, Grove, H~ard~ Ta~, Th~s ~ ~yor Taylor .......................................... FOR~. QUOS= Co~c~l m~ers Garland, Grove, H~ard, Ta~, ~s ~d Mayor Taylor ................................................... 6. FOR~. ~R: Co~c~ m~rs ~wles, Garl~d~ Grov~ Ta~, Th~s and Mayor Taylor ......................................... FOR~. ~: Cocci1 m~ers B~les~ Garl~d~ Th~s ~d Mayor Taylor .............................................................. 4. FOR~. FITZPAT~CK: Co~ctl~ers Garl~d ~d ~s ........ AIRPORT: Council havh%g previouel~ agree~ to elect a new A~rport Advisory C~ssion pursuant to Ordinance No. 23240, Hr. Thc~as placed ~n the names of Messrs. Warner N. Dalhouse, Claude N. Sm~th~ Jack C. Smith~ Samuel H. Stuart~ Robert H. Turner, Jr. ~ Sidney A. Weinste~n~ Hrs. Hartha Anne zillhardt~ Hr. Darrell H. Altizer, Ms. Jeanne H. Pedigo~ Messrs. Henry E. Thomas~ James O. Trout, Charles D. War~ng, and Vincent S. Wheeler. There being no further nom~nations~ Messrs. Warner N. Dalhousew Claude N. Smith, Jack C. Smith, Samuel H. Stuart, Robert H. Turner, Jr., Sidney A. and Mrs. Hartha W. Zlllhardt were elected as ~mhers of the A~rport Advisory Commission by the following vote: FOR HR. DALHOUSE: Council members Bowles, Garland, Grove, Hubard, Taub~an, Thomas and Hflyor Taylor ........................................ FOR HR. CLAUDE N. SMITH= Council members Garland, Grove, Thc~as and Mayor Taylor ............................................................ 4. FOR HR. JACK C. SMITH: Council m~mbers Bowles, Garland, Hubardt Ta,h~n, The~as and Mayor Taylor ........................................6. FOR HR. STUART: Council members Bowlest Grove, H~bard, Taubman, and Mayor Taylor ........................................................ 5. FOR HR. TURNER: Council members Bowles, Garland, Grove, Hubard, Ta~h~n, Tho~as and Mayor Taylor ........................................ FOR }tR. WEINSTEXN: Council members Bowles, Garland, Grove, Hubard, Taubman, and Mayor Taylor ............................................... 6. FOR HRS. ZILLP3tP~T: Council members Bowles, Garland, Grove, Hubard, Ta~bman, Th~s and Mayor Taylor ........................................ 7. FOR HR. ALTIZER= None ....................................... 0. FOR MRS. PEDIGO: None ........................................ FOR MR. THOMAS: Council members Garland, Grove, Hubard, and Taub~an ................................................................. 4. FOR MR. TROUT~ Council member Thc~aa .........................1. FOR MR. WAR/NG: Council member Bowl~s ......................... 1. FOR MR. WHEELER: Council member Thomas .......................1. There appearing to be a tie vote betwee~ Hr. Henry E. Thomas a~d Hr. Claude N. Smith, the Mayor requested another roll call vote to determine if the tie could be broken, whereupon, the following vote was recorded= FOR MR. SMITH: Council m~mbers Bowles, Garland, Thomas and Mayor Taylor ...........................................................4. FOR MR. THOMAS: Councll members Grove, Hubard and Taubman ....3. Hr. Hubard then moved that the following terms be allotted= For a term ending J~ne 30, 1977 - Hr. Claude N. Smith For a term ending June 30, 1978 - Hr. Samuel H. Stuart and Mr. Sidney A. Weinstein For a term ending June 30, 1979 - Hr. Jack C. Smith and Hr. Robert H. Turner, Jr. For a term ending June 30, 1980 - Hrs. Martha W. Zillhardt and Mr. Warner N. Dalhouse The motion was seconded by Mrs. Bowles and unanimously adopted. CO/4MITI'EESS The Mayor called to the attention o£ Council that there are three vacancies on the Board of Fire Appeals created by the resignation Of Hessrs. William S. Kitchen, Robert E. Hullen~ Jr., and A. K. Hughson for terms of four years each ending J~ne 30, 1980, end called for nom~nations to fill the vacancies. Hr. Hubard placed in nom~nation the na~es of Messrs. Robert E. Mullen a~d Ronald O. Crawford. There being no further nom~nations, Hessrs. Hullen and Crawford were elected as members of the Board of Fire Appeals for terms of four years each ending June 30~ 1980, by the following vote: FOR HESSRS. HULLENANDC~AWFORD: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ......................... The remaining vacancies on the Fair Employment Practices Committee, the Youth Co~ssion, the Board of Fire Appeals, the Local Highway Safety Commission, the city Plaruling' commission, the Board of Adjustments and Appeals, Buildlng Code, and the Xndustrial Development Authority were deferred until the next regular ~eeting of CoUncil on Monday, October 4, 1976. UNIFIED HUHAN SERVICES TRANSPORTATION SYSTF2{: The City Clerk requested clarification from Council relative to City of roanoke representation on the Board of Directors of the Unified Human Services Transportation System, advising that Hessrs. David K. Lisk and James O. Trout previously served in this capacity. The Mayor advised~ with the ooncttrrence of Coencil, that he is appoint- lng Co~h~cil me, beEs Robert A. Garland and Hampton W. Thc~as as City of Roanoke representatives. CITY CLERK-DIRECTOR OF FINANCE-CITY ATTOP~NEY-MUNICIPALAUDITOR: The City Clerk reported that Hrs. Mary F. Parker has qualified as City Clerk, that Hr. A. N. Gibson has qualified as Director of Finance, that Hr. James N. Kincanon has qualified as City Attorney and Hr. WilliamL. Brogan has qualified as Municlpa~ Auditor of the City of Roanoke for terms of two years each ending September 30, 1978. Hr. Thomas moved that the report be received and filed. The motion was seconded by Hr. Taubman and unanimously adopted. PLANNING: The City Clerk reported that Hr. Lucian Y. Grove has quallfled as a member of the Fifth Planning District Co~sslon for a term of three years ending December 31~ 1978. Hr. Thomas moved that the report be received a~d filed. The motion was seconded by Hr. Ta~bman and unanimously adopted. OTHER HEARINGS OF CITIZENS: DIRECTOR OF FINANCE: The Mayor presented a communication from Hr. A. N. Gibson, Director of Finance, tendering his resignation effective October 31, 1976, in order to accept a position with the City of Norfolk. (For full text, see communication as filed in the City Clerkts Office.) Hr. Thc~as moved that the resignation be accepted with regret. The motion was seconded by Hr. Taubman and unan/mously adopted. M~. Hubard moved ~ha~ ~he~ayo~ be r~ues~ed ~o appo~n~ a e~ee ~o~e recordations ~o ~e Co~cLl ~ ~ early da~e relative ~o ~e vhlch should be roll.ed for ~llllng ~e vac~. ~e ~l~ vas seconded bye. Ta~ and ~an~usl~ adopted. The Ha~or advised~ ~i~ ~e conc~r~ce of Co~cll, ~ak he ~ould l~ke to appoint the s~e c~lttee ~hich Is presently study~n~ ~e offices of Clt~ Cle~h~ City Atto~e~, Director of F~nance and H~c~pal Auditor~ v~z~ Co~cil ~s ~illi~ S. H~a~d~ Chai~, ~p~on ~. Th~S and N~cholas There bein~ no f~er business~ ~e ~or declared ~e ~et[ng adjourned. ATTEST: City Clerk APPROVED }layor COUNCIL~ SpECIA~ME~TING~ ~ednesday~ September 29~ 1976. The Council of the C£ty of Roanoke me2 ~n special meeting In the Council Chamber in the Hun~clpal Building, C~t¥ of ~oanoke, on Wednesday, September 29, 1976~ at 9~00 aomo, ~lthMayor Noel C. Ta~lor presiding. PRESENT~ Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove~ ~llliamS. Hubard, Hampton W. Thcenas and Hayor Eoel Taylor .................................................. 6. ABSENT~ Council member Nicholas Fo Taubman---lo OFFICERS pRESENT~ Mr. William A. Hewitt, Acting City Hanager~ James N. Klncanon, 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 Mayor Noel C. Taylor. AIRPORT: The Mayor advised that the purpose of the meeting is to act upon acceptance and then execution of a Federal Aviation A~ministration grant offer not to exceed $648,000.00 of Federal Funds to assist in providing ~mprov~ments to Roanoke Municipal Airport, woodrumField~ and to authorize execution of a requisite grant agreement. Mr. Garland then offered the following Resolution= (123269) A RESOLUTION accepting a grant offer of Federal Airport and Airway Development f%u~ds to assist in financing ADAP Project No. 6-51-0045-06, for certain improvement of facillties at Roanoke Municipal Airport, Woodrum Field~ and approving, ratifying and confirming execution of acceptance of a grant offer of a maximum of $648,000.00 of such funds. (For full text Of Resolutlon, see Resolution Book No Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Thomas and Mayor Taylor ..................................... 6. NAYS= None ........................... 0. (Mr. Taubnuanabsent) There being no further business, the Mayor declared the spec£al meeting adjourned. ATTEST: City Clerk APPROVED Mayor 56 Honday, October 4, 1976. ~e Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, at 2 p.m.~ Honday, October 4, 1976, the regular meeting hour~ with Hayor Noel Co Taylor presiding. pI~.,SEI~ Council ~hers Elizabeth T. Bo~les~ P~bert A. Garland~ Lucian Y. Grove, William S, Rubard, Nicholas F. Taubman (arrived late), Hampton W. Thanes and Hayor Noel C. Taylor ................................ 7. ABSE~T~ None ........................................0o OFFICERS PRESEI/T: Hr. Byron E. Haner, Clty Hanager; Hr° Sam H. McGhee~ III, Assistant City Manager; Hr° James N. Eincanon, City Attorney; Hr, Javas E. Buchholtz, Assistant City Attorney; Hr° A. N. Gibson, Director of Finance; and Hrs. Mary F. Parker, City Clerk. INVOCATIONi The meeting was opened with a prayer by the Reverend Ronald E. Turner, Counselor, Family Service oi Roanoke Valley. PROCLAHATIONS: The Hayor advised that he has proclaimed the week of October 3, 1976, as Fire Prevention Week in the City of Roanoke and he is calling upon our citizens to actively support fire prevention efforts and education through civic groups, schools, business places, fraternal organizations, local government a~,¢ies and tile City Fire Departlaent. {For full text, see P~ocla~atlon as filed in the City Clerk's Office.) H~ARING OF CITIZENS UPOH PUBLIC HATTERS: pARKS AND pLAYGROUNDS: The Honorable Ray L. Garland and other intereated[! persons appeared before Council and ~poke in favor of naming the new city park adjacent to the Veterans Administration Hospital in honer of Lt° Col. 3ohn A. Moses. Mr. Garland presented background material and a newspaper article which was written about Lt. Col. Moses after his death and also stated that as far as he has been able to determine, Lt. Col. Moses was the single most highly decorated veteran of World War II who could also claim the Roanoke Valley as his place of residence. (For full text, see written material as filed in the City Clerk's Office.) A communication fromMrs. George W. Holcomb requesting that the park be named "Roosevelt", was also before the Council. {For full text, see co~nunication as filed in the City Clerk's Office.) Mr. Garland moved that the matter of naming the park be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded byMr. Grove and adopted. The Council advised that it mlght be helpful if the Planning Commission could get appropriate documentation that Lt. Col. Moses was the most decorated veteran of World War II. PETITIONS AND COMMUNICATIONS: TAXES-REAL ESTATE ASSESSOR: Hr. Charles S. McNaity, Real Estate Assessor, appeared before Council a~d requested that a certain portion of paragraph (a), Section 2, Chapter 12, Title VI, Taxation, of The Code of the City of Roanoke, 1956, relating to SpecAal Use Assessment and Taxation for Certain Real Estate Devoted to Agricultural Use, be deleted, said portion regarding application fees. Mr. McNulty pointed out that the $360.00 in revenue that will be generated As more of a nuisance tax in relation to the t~um At wall take for his employees to collect same, that the purpose of his office Is not to collect money, but to assess real estate. (For full text, see memorandum as fAled tn the City Clerk's Office.) At this point, Hr. Ta-~ entered the m~eting. After a discussion Of the request, Mr. Thomas moved that the matter be referred to thc City Manager, City Attorney and Director of FAnance for study, report and reconnuendation as to how said fees may be collected within the framework of city government. The motion was seconded by Mr. Garland and unanimously adopted. TRAFFIC-POLICE DEPA~THENT= A cc~munication frumMs. Jean Austin complain~ lng about an illegal parking ticket she received on Saturday, September 2$th, advising that she feels the money should be returned to her, was before Council. (For full text, see communication as filed in the City Clerk's Office.} After a discussion of the matter, Hr. Grove moved that the communication be referred to the City Manager and the Director of Administration and Public Safety for handling adm~nistratlvely. The motion was seconded by Hr. Taub~an and unanJ~nously adopted. BUDGET-SCHOOLS= A com~unication from the Roanoke City School Board requesting that $2,153.01 be appropriated to Indochinese Migration and Refugee Act of the 1976-77 budget, one hundred per cent of expenditures to be reimbursed by P. L. 94-23, [ndochinese Migration and Refugee Act funds, was before Ceullcil. (For full text, see communication as filed in the City Clerk's Office.) Mr. Garland offered the followlng umergency Ordinance appropriating the requested funds: (S23270) AN OBDINANCE to a~end and reordain 'Schools - Indochinese Migration end Refugee Act,m of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see ordinance Book No. Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council me-~bers Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ................................... 6. NAYS: None ..............................0. {Mr. Hubard was out of the Council Chamber) HOUSZNG-SLUMCL~CE-PLANNZNG: A colmuun[cation from Mr. R. R. Henley, Executive Director, City of Roanoke Redevelopment and HOusing Authority, requesting approval of the Conservation Plan for the Riverdale Conservation Project, was before Council. (For full text, see com~unication as filed in the City Clerk's Office.) Hr. Henley appeared before Council and answered various questions raised by the Council members. 58 Reverend Calvin Go Fulton, a resident of the Rlverdale area, urged that council give full consideration end approval to the plan. In this connection, a report of the City Planning Commission advis- ing that they have no objection to the plan end they concu~wlth the basic program intention, vas before Council. (For full text, see report as filed in the City Clerk's Office.) H~. Thomas offered the follcnelng Resolution approving the Conserva- tion Plan~ ($23271) A RESOLUTIOH approving the Conservation Plan, Property Rehabilitation Standards and the feasibility of Relocation for the Rlverdale Conservatio~ Project. (For full text of Resolution, see Resolution Book No. H~. Thomas moved the adoption of the Resolution. The motion was seconded by H~. Hubard and adopted by the £ollo~in9 vote~ AYES= Council members Bowles, Garland, Grove, Hubard, Taubau~, Thc~as and Hayor Taylor ................................ NAYS~ None ..................................0. Hr. Thomas moved that the report o£ the City Plaenin9 Commiesion be received and filed. The motion was seconded by Hr. Grove and unanimously adopted. TRAFFIC-STATE HIGtB/A¥S= Copy of a communication £roa t~e Roanoke Highway Safehy Commission advlsln9 of the resignation of Captain Henlw R. Kiser effective June 9, 1976, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Hr. Hubard moved that the reeignatlon be accepted with regret and the ccaununicatlon be received and filed. The motion vas seconded by Hr. Grove and unanimously adopted. STP~EETS AND ALLEYS: An application from H~. C. A. Woodrmn, III, Attorney, representln9 Watson Funeral Supply, Incorporated, requesting that a portion of Wa~£ck Streak, S. W., and an adjoining alley be perriianently vacated, discontinued and closed, was before Council. (For full text, see application as filed in the City Clerk's Office.) Mr. Grove offered the following Resolution appointing viewers: (%23272) A RESOLUTION providing for the appointment of five free- holders, any three of whom may act, as viewers in connection with the applica- tion of Watson Funeral Supply, Inc., to pe~aanently vacate, discontinue and close a portion of Warwick Street, S. W., and an adjoining alley which is shown on the Map of Section 1, Mountain View Terrace Addition and the Map of Section 3, Roanoke Development Corporation and is more specifically described below; and referring the proposal to the city Planning Co~ission for study and recommendation. (For full text of Resolution, see Resolution Rook No. Mr. Grove moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted hy the following vote: Thomas and Mayor Taylor .............................. NAYS~ None ............................... 0. Hr. Grove moved that the application be referred to tho City Planning Conunission for study, report and reco~nendation to Council. The motion was seconded by Mr. Garland and unanimously adopted. REPORTS OF OFFICERS~ SIDEWALKw CUR~AND GUTTER~ The City Manager submitted a written report requesting authority to execute Cha~ge Order No. 1, in the amount of $3,918.00 and prov~ding a 14 day extension of t~me of completion, to the contract and sidewalk along King Street, N. E. (For full text, see report as filed in the City Clerk's Office.) Hr. Thomas offered the following Resolution approving issuance of the change order= (t23273) A RESOLUTION approving the City Hanager's issuance of Change Order No. 1, in connection with the city's contract, dated J~ne 17, 1976, with e~tra~ces and sidewalks on King Street, N. E., in the City, heretofore authorized by Ordinance No. 22970, to provide for an additional contract amount of $3,918.00, and providing for a fourteen (14) day time extension for said adulu~unal work. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Hubard and adopted by the following vote: GARBAGE PuEMOVAL: The City Manager submitted a written report recommending the local governments receiving one-half of the net revenue and emphasizing (For full text, see report as filed t~ the City Clerk's Office.) Mr. Grove offered the following emergency Ordinance authorizing execution~: of the agreement: (%23274) AN OP~INARCE authorizing the city Manager to enter into may appear; Cycle Systems, Inc., as the party of the second part; and the Roanoke Valley Jaycees, Inc., as the party of the third part, which agreement will 59 6O ~tc. Grove moved the adoption o£ the Ordinance. The motion was seconded by Mr, Hubard and adopted by the follc~,lnq vote~ AYES~ Council members Bowles, Garland, Grove, Hubard, Taubman~ Thomas und Mayor Taylor ................................ 7. NAYSt None ............................ 0. SERVICE CENTERt The City Manager submitted a written report in connection with engineering services relating to the Public Works Service Center, reccmnuending that change Order No. 3~ in the a~ount of $18,722.17~ to the contract with Vosbeck Vosbeck Kendrick Redinger be executed, and that funds in this amount be appropriated. (For full text, see report as filed in the city Clerk*e Office.) Hr. Grove moved that the City Manager be instructed to renegotiate the $18,722.17 with Vosbeck Vosbeck Kendrick Redinger with the idea that the city may split the additional costs with them somewhere in the area of $9,000.00 - $10,000.00 and advise the Co~ncil accordingly. The motion was seconded by }ir. Taubma~ and unanimously adopted. SERVICE CENTER: The City Manager submitted a written report reco~mendin, authorization to execute Change Order No. 2, for the shun of $3,436.42, to the contract with Graves Construction Company, Incorporated, for interior completion of the Public Works Service center, advising that the final total contract amount would then become $1,342,436.42. (For full text, see report as filed in the City Clerk's Office.) lit. Grove offered the following Resolutlon authorizing issuance of the change order: (%23275} A RESOLUTION authorizing the issuance of Change Order No. 2 to the City*s contract with Graves Construction Company, Inc., dated H~y It 1975, for the interior completlon of the Cityts Public Works Service Center; providing for addltional interior, electrical and excavation work at said service center~ at an additional cost to the City of $3,436.42~ and providing for an emergency. (For full text of Resolution, see Resolution Rook No. Hr. Grove moved the adoption of the Resolution. The motion was seconded by Hr. Hubard and adopted by the following vote= AYES: Council me~abers Bowles, Garland, Grove~ Hubard, Thomas and Mayor Taylor ............................... 7. NAYS: None .................................0. COUNCIL: The City Manager sub~[tted a written report request//lg an Executive Session to discuss a real estate matter. The City Manager verbally requested that he also be allowed to discuss a personnel matter. }ir. Thc~s moved that Council concur in the requests of the City }tanager. The motion was seconded by Hr. Ta,~n and adopted by the following vote: AYES: Councll members Bowles, Garland, Grove, Hubard, Taubman, Thomas andMayor Taylor ............................... 7. NAYS: None ............................... 0. REPORTS OP CO~4ITTEES~ AUDITORIUH-COLISEUH~ A re~ort of ~he ~o~noke Civic Center Co~aission advising of an organizational moating held on September 29w 1976, that Mro Frank C. Martin, Jr.~ was elected Chairmanw Hr. Lacy L. Edwards# Jr., was elected Vice Chairman, and mOnthly meetings will be scheduled on the second Wednesday in each month at 3 p.m., with the first meeting to he October 13. (For full text, see report as filed In the City Clerk's Office.) Hr. Ta, t~ moved that the report be received and filed. The motion was seconded by Mrs. Bowles and unanimously adopted. CITY FStPLOYEES-DI~ECTOR OF FINANCE= A committee appointed to study the Offices of City Clerk, City Attorney, Director of Finance and Municipal Auditor, submitted a written report reco~ending that an advertisement for the Position of Director of Finance be placed tn appropriate publications selicitin applicants and that the salary for this position be set at Grade 38, $24~232.00 to $30,953°00. (For full text, see report as filed in the City Clerk's Office.) Hr. Hubard moved that Council receive the report and concur in same and that the matter of cha~glng the range of the position from Grade 37 to Grade 38 be referred to the Personnel Board for study~ report and recommenda- tion to Council. The motion was seconded by}ir. Taubman and adopted, Hrs. Bowles and H re Garland voting no. In explanation of their negative votes~ Mrs. Bowles and Mr. Garland stated that they do not think it is fair to start a new person in this Position at a higher salary grade than the l~cumbent who has served the city for many years, and, in effect, the Council will be setting a future precedent. It was then suggested that changing the grade of City Attorney from Unclassified to Grade 38 be referred to the Personnel Board for study, report and rec~nmendatlon to Council. UNFINISHED BUSINESS: BUSES= Council at its last regular meeting having deferred action on a complaint of Ms. Louisa J. Wilson relatlve to reduction in the bus service to approximately a one mile segment of the Riverdale route, effective October 15, 1976, the matter was again before the body. In this connection, the Director of Marketing and Operations Planning for Valley Metro presented the following verbal information, viz.= they operate a total of eight trips per day from Monday through Saturday, that a ridership survey in February showed six fares on this segment of the Riverdale route and in March the ridership survey showed four fares, that it is approximately 1.8 miles round trip and if one takes the average cost per mile of $1.15, it would take approximately $2.07 per trip to operate this segment, that if one breaks the ridership down to passengers per mile, it is producing 3/10 passenger per mile =evenue which amounts to approximately $.11 per mile revenue per day, and this is one of the reasons this segment fs proposed to be cut. MS. houisa J. Wilson appeared before Council and presented a petition signed by 37 citizens of the Brookside Lane, woodland Road and Rutrough Road, S. E., area in opposition to the el~m~nation of this segment of service. (For full text~ sen petition as filed In the City Clerk's Office.) Mr. Hubard moved that the verbal report be received and filed. The motion failed for lack of a second. Mr. Taul~nan moved that the matter be referred to the Board of Directors Of Greater Roanoke Transit Company at its meeting on Honday, October 18, 1976, with a recommendation from City Council that the Board consider a 90 day trial Period and that the Director of Marketing and Operations plan~lng of Valley Hetro be requested to submit a report to the Board as to the advisability Of this course of action. The motion was seconded by Mr. Thomas and unanimously adopted. The Director of Harketing and Operations Planning also presented a verbal report in reference to the Garden City-Craig-Robertson Road, S. E., area, advising that in the month of September there were 99 passengers which a~oents to 4/10 passenger per m~le or $.12 per mlle. Hr. Hubard moved that the verbal report be received and filed. The motion was seconded by Mr. Garland and tmanl~ously adopted. ITEMS ~t~FER~tED BUT STILL pENDING: The City Clerk presented a list of ite~ns referred but still pending fro~ August 18, 1975 through September 27, 1976. (For full text, see list as filed in the City Clerk's Office.) Mr. Rubard moved that the list be received and filed. The motion was seconded by Hr. Thomas and unanimously adopted. CONSIDERATION OF CLAId~S= NONE. INTRODUCTION A~D CONSIDERATION OF ORDINANCES AND RESOLUTIONS= SEWERS ARD STOR~ D~AINS: Ordinance NO. 23251 accepting the proposal o£ General American Transportation Corporation to continue to lease to the city six rubber lined rail tank cars for use at the Sewage Treatment Plant authorizing the city's sublease of said tank cars to Wheeling-Pittsburgh Steel Corporation, having previously bee~l before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Grove offering the following for its second reading and final adoption= (123251) AN ORDINANCE accepting the proposal of General American Transportation Corporation to continue to lease to the City six (6) rubber lined rail tank cars for use at the City's Sewage Treatment Plant upon certain terms and conditions; and authorizing the City's sublease of said tank cars to Whseling-Pittsbklrgh Steel Corporation. (For full text of Ordinance, see Ordinance Book NO. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Thomas, and Mayor Taylor ........................... NAYS= None .............................. CITY EHPLOYEES: Ordinance No, 23260 a~ending the City Code to provide rules and regulations relating to equivalent t~ae off for hours worked in lieu of payment therefor for certain officers and employees of the City from and after April 1, 1977, h~ving previously been beforn Council for its first reading~ read and adopted on its first reading and laid over, was again before the body, Hrs. Bowles offering the folloWing for Its second reading and final adoption~ (%23260) AN ORDINARCE amending and reordaining See. 11. Office hours and holidays., Chapter 3. Officers and Employees Generally., of Title II. Administra- tion, of The Code of the City of Roanoke, 1956, as amended, by amending subsection (d) thereof and by adding a new subsection (f) thereto to provide rules and regulations relating to equivalent time Off for hours worked in 1leu of payment therefor for certain officers and employees of the City from and after April l, 1977. (For full text Of Ordinance, see Ordinance Book No, Hrs. Bowles ~oved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................. 7. NAYS: None ................................ 0. HUSEUHS-CITY PROPERTY-SCHOOLS: Ordinance No. 23262 /unending und reordalning Ordinance No. 22874 authorizing and providing for the lease by the city Of the foyer Tinker School site to the Science Museum Association of Roanoke Valley, upon certain terms and conditions, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before th~ body, Hr. Nubard offering the following for its second reading and flnal adoption: (%23262} AN ORDINANCE a~endlng and reordaining Ordinance No. 22874, adopted May 3, 1976, authorizing and providing for the lease by the city of the former Tinker School site to the Science HuseumAssociation of Roanoke Valley, upon certain terms and conditions. (For full text of Ordinance, see ordinance Book No. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................... 7. NAYS: None .................................0. CITY EMPLOYEES-PUBLIC WELFARE= Council having directed the City Attorney to prepare the proper measure adding a Step 3 at $358.00 bi-weekly and a Step 4 at $376.00 bi-weekly to the classification Of Social Worker Trainoe~ he prese/lted sameI whereupon, Hr. Thomas offered the following emergency Ordinance: 63 (t23276) AN ORDINA~CB tO amend Ordnance No. 22330t providing a System of Pay Rates and Ranges for ~e ~loyees o~ ~e City o~ ~oke~ b~ ~nding Schedule I cE said Syst~ cE Pay ~kes by adding Steps 3 and 4 to ~e ~s~t~on o[ S~lal ~o~ker, C~e Ho. 5120~ ~d ch~ging ~e t~tle of such ~s~t~on~ ~d p~ovid~g for ~ ~rgency. (For full tex~ of Ordin~ce~ see Ordin~ce ~k ~. Th~s ~ved the adop2~on of ~e O~d[n~ce. The ~2~on was seconded bye. Ta~h~ ~d adopted by ~e roll,lng vote~ ~s and Hayor Ta~lor ................................ Education Chapker ak ~lli; Flirt9 Ui~h Sch~l of paten2 o[ ~enta1 charges [o~ use of 2he ~h[bi2 Rall a~ ~he Roanoke Civic Center on Nov~er 24, 19;6, he presenbed s~e. In th~s co~ec~ion~ Hs. Bl~ne Hlnga~e~ D[s2g~b~2ive Education Teacher a~ ~ill1~ Flying HLgh School, appeared before Co~cLl and advlsed thah be changed 2o Dec~eg 22, 1976. ~. H~ard moved ~at ~e Resolution be ~ended to reflect ~e date adopted. ~. Ta~ ~ offered ~e foll~ing Resolution as ~ended: (~23277) A ~SOL~ION au~orlzlng waiver to ~e Distributive Education Chapter at Willi~ Flying High School of pa~ent of rental charges for the use of ~e ~hibit Hall at ~e Roanoke Civic Center on ~c~er 22, 1976. motion was seconded by Mr. Th~s and adopted by the foll~ing vote: of Section 4, S~section (e), Me~ of Appoin~ent, Chapter 4. Title II of ~e C~e of the City of Roanoke, 1956, as ~ended, which requires that m~ers of au~orlties, boards, co~ssions ~d c~ttees must be residents of ~e City of Roanoke, he presented s~e. Mr. H~ard stated ~at he senses ~at certain m~ers of Cocci1 are of the opinion ~at ap~in~ents should be ~de to residents of ~e City of Ro~oke ~d moved ~at ~e foll~ing sentence be added to ~e proposed Ordin~ce: 'M~rship except where required for a specific reason or ~usual circ~t~ce shall be restricted to residents of The motion was seconded byHr. Thcm~ts and tmanLmously adopted. ~ro Hubard ~hen offered ~e foll~ln~ ~erg~ ordin~ce as ~nded~ ([23278) ~ O~I~CE ~nd~g ~d ~eorda~lng s~section of Ap~n~n~., of Sec, 4. ~u~or~t~es, ~a~ds, C~ssions ~d C~ttees. Chapter 4. The CO~Cil., Title Il of ~e C~e of ~e City of ~oko~ 1956~ as ~nded~ ~d providing for an ~rgency. (For full text o[ Ord[n~ce~ see Ord[n~ce ~ok No. ~. H~ard ~ve~ the adoption of ~e ordin~ce. ~e motion was seconded bye. Grove ~d adopted by ~e foll~ng vote: AYe: Co~cil ~rs ~wles, Garland~ Grove~ H~ard, T~-~n~ ~s and Mayor Taylor ................................. NAYS: None ...................................0. MOTIONS ~D MISCE~E~S BUSINESS: C~CIL: Mr. Th~s having previously placed ~ lt~on the agenda re~esting ~ ~ecutive Session ~o discuss a real estate ~tter, he ~ved that the ~t~ w~ra~. The mot~o~ was seconded bye. H~ard and ~usly adoptS. E~CTIONS-DI~C~R OF FIN~CE-C~ISSIO~ OF ~E-T~U~R: Hubar~ presented a co~cat[on requesting that $]00.00 be the placing on the ballot for ~ Nove~er 2nd election ~e consolidation ~e Offices cE ~ City Treasurer, C~[ss~oner of R~venue and the Director of Finance for the purpose of bringing the merits or d~erit2 of this ~tter to the electorate. (For full text, see a~cat~on as filed in ~e City Clerk's Office,) ~. H~ard offered ~ ~ergen~ Ord[n~ce a~ropriating ~e requested f~ds. ~. H~ard moved ~e adoption o~ ~e Ord[n~ce. The motion was seconded by ~. Ta~ and lost by the foll~ing vote: AYe: Co~c~l m~ers H~ard, Grove and Ta~n ............ 3. NAYS= Cocci1 m~ers B~les, Garland, Th~s and ~yor Taylor ................................................................ 4. It was stated by ~ose in opposition ~at ~ple advert[slng be given to ~s ~tter by ~e news media and ~t ~s [napgropr~ate for th~ Cocci1 to spend $500.00 of the t~payers~ ~ney for ~is pu~ose. F~ DEP~T-A~HOR[T[ES, BO~S, CO~ISSIONS ~D CO~I~ES: The~yor call~ to ~e att~t~on of Co~c~ ~at ~ere are Vac~c~es on Fair ~p~o~ent Practices C~ttee, the Youth Co~ss~on, ~e Board of F~r~ Appeals, ~e ~cal Highway Safety Co~ss~on~ ~e City Pla~ing ~e Board of ~jus~ents ~d Appeals, Building Code ~d the industrial Development Au~or[ty. Wi~ reference to ~e Board of Fire Appeals, ~. H~ard placed in no,na- tion ~ n~e of~. Jesse M. Nash. There being no further n~inations, ~. Nash was elected as a m~er of the Board of Fire Appeals for a te~ of four years ending J~e 30, 1980, by the fo~l~ng vote: FORM R. HASH= Council ~,~l~ere Bovles~ Garland~ Grove~ Hubard~ Taubman, Thcmas ~d~o~ ~aylor ............................ ~. H~ard~ved ~a~ action on ~e ~lnde~ of ~e vac~c~es be defe~ ~t~l the next reeler meeting of Co~cll on ~ober 11, 1976. The ~tion ~as seconded b~ ~. ~s ~d ~usly adopted. BUrET-U. S, S, ~0~ ~, Th~s advised ~a~ ~e c~ttee prev~ousl~ ap~lnked b~ the ~or to~ke rec~ndations conceding appropriate qifts for ~e c~ssioning oE the U. S. S. Ro~oke on October 30, has me2 and rec~nds to ~e Co~c~l ~a~ ~ electric popcorn ~kin~ ~chine for the c~ew m~rs ~d a sterling silver coffee ~d tea se~lce wl~ suit~le engraving for the officers' wardr~ be a~uired, and ~at $1,600.00 be appropriat for this p~se. ~r. Th~S then offered ~e roll.lng ~ergency Ordinance appropriat- ing $1,600.00 to U. S. S. Roanoke, AOR-7, 'Co~cil,' of ~e 19~6-~ budget~ (%232~9) ~ O~N~CE to ~end ~d reordain Section %0101, of the 19~6-19~7 Appropriation Ordin~ce, ~d providing for ~ emergency. (For full text of Ordinance, see Ordinate ~ok No. Mr. Tho~s moved the adoption of ~e Ordinance. The ~tion was seconded byes. Bowles and adopted by the roll.lng vote= AYES: Co~cil m~ers Bowles, Garland, Grove~ H~ard, Tho~s ~d Mayor Taylor ............................ NAYS: No~e ..............................0. CITY ~T: The Mayor presented a CO~ication from the ~ayor of Honju, Korea, advising of Roanoke Day celebrations on October 21 - 25, 19~6, and also advising ~at he will send his congratulations by telephone at 8100 a.m., Friday, October 22, 19~6, Ro~oke Time to ~e Mayor ~d Chai~ of ~e Sister City C~ttee of Ro~oke at ~e ~yor~s Office. The ~yor requested that the m~ers of Cocci1 be present for ~is occasion if at all possible. CO~CIL: The City M~ager suggeste~ that ~e meeting be recessed in order ~at certain action ~y be taken after ~e ~ecutiwe Session. ~. Tho~s ~ved that Co~cil conc~ in ~e re,est. The motion was seconded by ~. Ta~ ~d ~an~ously adopted. CO~CIL: The ~yor gave a prayer in honor of Yom Kippur, which is ~e highest Jewish holiday. At this point, ~e Mayor declare4 the meeting recessed. CI~ ~YEES-CI~ ~GI~ER: After ~e ~ecutive Session, ~e City M~ager advised ~t he is re~esting ~at Co~cll conc~ in his reco~endation ~at ~. J. D. Sink be appo~ted as Director of P~lic Works, effective October 5, 1976. ~. H~ard moved ~at Co~cil conc~ in ~e appoin~ent of ~. Sink. ~e motion was seconded by ~s. B~les and ~an~usly adopted. CITY GOVEP~4ENT-POST OFFIC~-z Hr, Thomas moved that Council concur in a recon~endatlon oE the City Hanager that the City of Roanoke no__~t eutmit a bid for the surplus post o£flce facility on Church Avenue, So Wo The motion wes seconded by Hr° Ta~au and unanimously adopted. There being no further business, the ~yor declared the mee2ing adjourned. ATTEST ~ City Clerk APPROVED ~ayor 67 68 COUHCIV,, REGULAR HEETING, ~onda¥~ October II, 1~76. The Council of the City of Roanoke me2 in regula~ meeting in the CoUncil Chamber in t-he Nuniclpal Building, City of ~oanoke, on Honday, October 1976, at ?~30 p.m., the regular meeting hourw with}~ayor Noel C. Taylor presiding, pRESENT: Council members BlizabethT. Bowles, Robert A. Garland, Lucian Y. Grove, William $. Hubardt Nicholas F. Ta-~n, Hampton W. Thomas and Mayor Noel C. Taylor ................................... ABSENT: None ....................................0. OFFICERS pRESF-NT= Mr. Byron E. Haner, City Manager; Mr. Sam H. McGhee, III, Assistant City Manager~ Mr. Ja~es N. Kincanon, City Attorney~ }ir. James E. Buchholtz, Assistant City Attorney~ Mr. A. N. Gibson, Director of Flnance~ and}L rs. Mary F. Parker, City Clerk. INVOCATION= The ~eting was opened with a prayer by the Reverend C. Kenneth Wright, Pastor, Evangel Foursquare Church. MINUTES: Copies o£ the minutes of the regular meeting held on Monday, September 27, 19761 the s~ecial meeting head on Wednesday, September 29, 1976~ and the regular meeting held on Monday, October 4, 1976, having been furnished each m~mber of Council, on motion of Mr. Thomas, seconded by Mr. Hubard and unaniluously adopted, the reading thereof was dispensed with and the imtnutes approved as recorded. PROCLAMATIONS= The Mayor advised that he has proclaimed the week of October 3, 1976, es 'National Beauty Salon Week' in the city of Roanoke and cailed upon all citizens of the City of Roanoke to recognize the Cosmetologists for their dedicated services to the groo~ng of women for greater beauty. (For full text, see Proclamation as filed in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERSt ZONING: Council having previously set a pubiic hearing on the request of Glenn Durwood Cun~ingha~, Allie La Rue Kinley and Squire Ja~es Kinley that a portion of an alley appearing on the }tap of Cundiff Addition, be vacated, discontinued and closed, the ~atter was before the bo~y. In this connection, the City Planning Co~ission submitted a wrltten report reconu~ending that the request be granted. (For full text, see report as filed in the City Clerk's office.} The viewers appointed to view the alley sub~tted a written report advising that after viewing the alley, they are unanimously of the opinion that no inconvenience would result, either to any individual or to the public at large, from permanently vacating, discontinuing and closing same. (For full text, see report a5 filed in the City Clerk's Office.} No one appearing in OppOsition to the request, Mr. Tattt~a~ moved that the following Ordinance be placed upon its first reading: (t23280) AH ORDINANCE permanently ab~doning, vacating, discontinu- Ing and closing an alley in the southeast sectioa of the city of Roanoke, appear- ing on the Hap of Cundiff Addition filed in the Clerk's Office of the Clrcuit Cou~t for the City of Roanoke, Virginia, in Plat Book No. 1~ page 183. (For full text of Ordinance~ see Ordinance Book No, The motion was seconded by Hr. Nubard and adopted by the following vote= AYES: Council members Bowles, Garland~ Grove, Hubard, Taubman, and Hayor Taylor ......................................... 6. NAYS: None ................................... 0. (Hr. Thomas not votlng] STREETS AND ALLEYS: Councll having set a public hearing for 7=30 p.m., Monday, October ll, 1976, on the request of York Forestry and Land Company to vacate, discontinue and close a certain portion Of a twelve £oot alley lying and ad~oining Lots I and 2 and Let 27, Stratford Court Hap, contingent upon the dedication Of a turn-around area, the matter was before the body. In this connection, the City Planning Cohesion submitted a written report recon~ending that the request be granted, contingent upon the dedication of a turn-around area. (For full text, see report as filed in the city Clerk's Office.) The viewers appointed to VieW the alley submitted a written report advising that they have visited and viewed the alley anu the aajacen= neign~or- hoo~ and are unanimously of the opinion that no inconven£ence would result, either to any indivldual or to the public, from vacating, discontinuing and closing same. (For full text, see repo=t as filed in the C£ty Clerk's Office.) NO one appearing in opposition to the request, Hr. Thomas moved that the followlng Ordinance be placed upon its first reading= (%23281) AN ORDINANCE permanently vacating, discontinuing and closing the southerly portion of a 12-foot wide alley lying between and abutting Lots 1 and 2, on the west, and the major portion of Lot 27, on the east, in Section l, Stratford Court, City of Roanoke, ssidLots be£ng designated . respectively as tax numbers 1250309, 1250308 and 1250319. (For full text of Ordinance, see Ordinance Sook No. The motion was seconded by Hr. Taubman and adopted by the following vote= AYES= Council me_~bers Bowles, Garland, Grove, Hubard~ Tauhman, Thomas and Mayor Taylor ................................. NAYS: None .................................. 0. STREETS AND ALLEYS: Cotu~cll having set a publlc hearing for ?:30 p.m., Monday, October 11, 1976, on the request of the City of Roanoke Redevelop- ment and Sousing Authority to vacate, discontinue ~nd close certain streets and alleys, and portions of certain streets and alleys, located within or border- ing upon Section 4, Gainsboro Neighborhood Development Program, the matter was before the body. ¸69 ?0 In this connection, ~h~ C~ty Plann~n~ Commission submitted a vritten report rec~ndin~ that ~he re~es~ be {For full text~ see ze~t as filed In ~e City Cle=k*a office.) ~. ~s H. ~e~ ~r.~ Atto~ey~ zep~es~t~g ~e petitione~s~ appeared ~fore Co~c~l In superb of ~e re~esh of his Ho one appea~ln~ ~n op~sition to ~e re~est~ ~. Th~s ~ved that ~e foll~ln~ Ordinance ~ placed u~n ~ts firs2 ~eading~ ($23282) ~ O~I~CE ~en~l~ vaca2~g~ d~scont~nuing ~ ce;tain streets ~d alleys, ~d po=t~ons oE cer~aLn streets and alleys, l~ated ~n o; ~rdering u~n Section 4~ Gains~ro Ne~orho~ P;~r~ all o[ ~hich are ~re par21cularl~ described he;e~naf2e~. (Fo; full text o[ O~dinance, see O~in~ce Boob The wtion was seconded by Hr. Grove and adopted by the [oll~[n~ A~S~ CO~cil m~rs ~wles, Garl~d~ Grove, H~ard~ Ta~ Th~s and Mayor Taylor .................................. NAYS: None ....................................0. ZONING= A public hearing having be~ set by ~e City Clerk for 7~30 Monday, ~tober 11, 1976, on ~e request of ~e City of Ro~oke Redevelopm~t ~d Housing Authority ~at a 15 acre~ ~re or less~ parcel of land~ being the easterly portion of Section 4~ Gafnsboro Neig~orho~ ~velo~ment Progr~ be rezoned fr~C-4, Central Business ~istrict ~p~sion ~ea, to ~, hight ~ufac- t~ing Dfstrict~ the ~tter was before ~e ~y. In this connection, ~e City Pla~fng C~ssfon s~tted a written re~rt advfsfng of a 2 to 2 vote on the request with Chai~n Jo~ P. Bradshaw ~staining. (For full text, see report as ffle~ in ~e City Clerk's Office.) ~. H~ard moved ~at ~e following Ordin~ce ~ placed upon its first reading= {%23283) ~ O~[~CE to ~d Title ~, Chapter 4.1, Section 2, of ~e C~e of ~e City of Roanoke, 1956, as ~ded, ~d Sheet No. 202, Sectional 1966 Zone Map, Cfty of Roanoke, in relation to Zoning. The motion was seconded by ~. Garl~d. ~. J~es H. T~ner, Jr., Attorney, repres~ting the petitioner, ap~ared before Co~cfl fn support of ~e request of hfs client ~d presented certain backgro~d ~terfal relative to ~e property. Mr. Jack C. ~ representing ~e Ro~oke Valley Cheer of Co~erce stated the op~sitfon of ~e Cheer to ~e rezonfng request. (For full text, see co~catfon as filed in ~e City Clerk's Office.) Approx~tely fifty persons were in attend~ce in support of the re~est. ~. ~o~s V. Morse, Jr., repres~ting ~e Sou~west Vfrginfa C~fty Development F~d ~d ~. R. R. Henley repres~tfng ~e City of Roanoke Redevelop- ment ~d Housing Au~or~ty appeared before Cocci1 ~n support of the request. Ordinance NO. 23283 on 1ts £1rst rea~ln~ was then adopted by the follo~ing vote: AYES: Council me..~bere Bo~les, Garland, Grove, Hubard, Taul~an, Thomas ~d~yor Taylor ............................ NAYS: Nons .............................. ~. H~ard~ve~ ~at ~e c~lcation fr~ ~e ~oke Valley Cheer o~ C~rce be receive~ ~d filed. ~e motion was seconded by ~. Garl~d ~d ~usly adopted. ZONINGI A p~lic hearing having besn set by ~e City Clerk [or 7:30 p.m.~ Honday, ~tober 11, 19~6, relative to ~e request of ~. ~son H. Llttreal that pro~rty locatsd on the westerly sids o[ Psters Creek Road~ N. W.~ (Va. ~ute No. 117), described as a 12.934 acre parcel of l~d, Official Tax No. 6120417, be rezoned fr~ ~-1, General Residential District, to C-2, General Co~erclal District, the ~tter was ~fore the b~y. In ~is connection, ~e City Planning C~ssion s~[tted a written re~rt rec~ending ~at ~e abovedescribed property be rezoned for a dep~ of 200 feet, s~ject to the dedication of a street to prevent ~e pro~rty behind fr~ being cut Off. (For full text, see re~rt as filed in the City Clerk~ Office.) ~. Ta~n ~oved ~at Cocci1 conc~ ~m ~e rec~endation of ~e City Pla~ing ~ission and that ~e foll~ing Ordlnanc~ b~ placed upon its first reading: (123284) ~ O~IN~CE to ~end Title ~, Chapter 4.1, Section 2, of The Code of the City of Roanoke, ~g56, as ~ended~ ~d Sheet No. 612, Sectional 1966 Zone Hap, City of Ro~oke, in relation to Zoning. (For fu~l text of Ordinance, see Ordinance Book The motion was seconded by ~s. Bowles and adopted by the foll~ng vote: AYES= Cocci1 m~ers Bowles, Garland, Grove, H~ard, Ta~n and Hayor Taylor ................................. 6. ~YS: None ....................... 0. (~. Tho~s not voting] ZONING: A p~lic hearing ~vlng be~ set by the City Clerk for 7:30 ~onday, October 11, 1976, on ~e request of CaXvin W. ~d ~ C. Powers, somet~e~ ~ as ~ ~uise Powers ~d The Carpet Shop of Roanoke, Incor~rateda ~at property described as all or part of Lots 37 - 48, Block M; part of ~ts 51 ~d 52, Block M; part of ~ts 53 ~d 54, Block M; ~ts 17 - 21~ Block J; ~ts 3 - 6, Block J; part of ~ts 2 and 3, all of ~ts 4, 5, 17, 18, 19, 20 and 21, Block X; ~t 22, Block I; ~t 23, Block I; ~t 24, Block I; ~t 6, Block I; ~p of Willi~son Groves, Official Tax Nos. 3080112, 3080133, 3080134, 3080135, 3080202 - 3080206, 3080217 - 3080220, 3080317, 3080307, 3080308, 3080309 ~d 3080321, be rezoned fr~ IDM, Industrial ~velopment District, to ~, Light ~ufacturing District, ~e ~tter was before ~e b~y. In ~is connection, ~e City Plannin~ Co~sslon s~itted a writt~ report reco~ending ~at ~e request be grated. (For full text, see report as filed in the city Clerk's office.] 14~. Bar~ N. Lichtenstein, Attorney, representing the petitioners, appeared before Council in support of t~e request og h~8 clients. NO one ap~aring In opposition to ~e ~e~eatf ~. Ta~ ~ved ~at the full.lng Ordin~ce ~ placed upon its il~st reading~ ([23285) ~ O~I~CE tO ~nd Title ~, ~pter 4.1, Section 2, of The C~e of the City of Ro~oke, 195~, as ~ended, ~d Sheet No. 308, Sectional 1966 Zone~p~ City of R~noke, in ~ela2ion to Zoning. (For full text of Ordinance, ~ee O~din~ce ~ok No. The ~tion ~as seconded bye. Th~s and adopted by the roll.lng vote~ Thomas and Mayor Taylor .............................. 7. Mr. Lichtensteln made reference to property described as Official Tax Ne. 3080216, advising that this lot will remain ID~ in an all LM District and pointed out that the CoUncil might wa~t to refer the ~atter to the City planning this parcel of land. Mr. Thomas moved that the City Planning Commission be instructed to ascertain from the owners of property described es Official Tax No. 3080216 if they desire to have their property rezoned from ID~ to I~ and, if so, proceed STREET N~MES: Councll having set a public hearing for ?:30 p.m., before the bo~y. (1) To rename to Belle Avenue, N. E., that portion of Harwood January 1, 1976 Corporate Limits of the City of Roanoke. N. E., and Virginia Rout~ 653 which extends from the inter- section of King Avenue, N. E., with Atherly Street, ~. E., to the intersection of Virginia Route 653 with U. S. Route 460. (3) To rename to Franklin Road, S. W., that portion of Tazewell Hospital. {5) To rename to Narrows Lane, S. W., Virginia Route 741 which intersects with and rims parallel to Virginia Route 789. (6] To rename to Old Rocky Mount Road, $. W., that portion of Virginia Route 789, which extends from its intersection with U. S. Route 220 to the January 1, 1976 Corporate Limits of the City of Roanoke. (?) To designate as Franklln Road, S. W.~ that portion of U. S. Route 220 which extends fro~ its intersection with Avenha~ Avenue, S. W., to its intersection with the Blue Ridge Park- (8} To rename to Hemlock Lane, S. W., all of He~lock Road, S. W. .! TO renam~ to Woo~s End Lane, $. W., ~st portion of Forest Road, S. W., which intersects with and runs pa~alle~ ~o (10) ~ r~ to Gr~d~n ~d~ S. W.~ ~a~ ~tion of ~ad ~tension, S. ~., f~ its intersection ~ ~e City's J~ua~ 1, 196~ Co.rate L~ts to its intersection Virginia Route 419. TO r~a to Br~don Av~nue~ S. W.~ that ~rt~on of ~e High- way~ S. W.~ which ext~n~s fr~ ~ts intersect~on wl~Hud L~ck ~ad, S. W.~ to its intersection w~ Apperson Drive~ S. W. (12} ~ r~n~ to M~w Avanue~ N. W.~ ~at port,on of C~stl~ Avenue~ N. W.~ which ~xtends fr~ ~ts ~ntersection w~ Glad,es Strs~t, N. W., to ~ts ~tersec~on w~ G~ov~s Straet, S. W. (13) To ren~ to Grayblll ~ad, N. W., ~at port,on o~ Grace Street, N. W., which ~xt~nds fr~ ~ts intersection North Street~ N. W.~ to ~ts intersection w~Oak Grove Boulevard, N. W. ~ r~ to A~ort Road, N. W., ~at port,on of V~rg~n~a ~ute 118 which extends from ~ts ~ntersection with Hersh- berger Road, N. W.~ to its ~ntarsect~on wl~ ~e Janua~ 1976 Corporate L~lts of ~e C~ty of Ro~ok~. No ona ap~ar~ng ~n opposit~on to ~a ~tter~ ~. Grov~ moved that foll~ing Ordinance be placed upon its f~rst reading= (%23286) ~ O~IN~CE designating ~ f~xlng ~e n~es to certain streets located ~n al~ four quadrants of ~e c~ty. (FOr full text of Ordinance, see Ordin~c~ ~ok No. The ~t~on was secoade~ byes. ~ow~es and a~opted by th~ fo~l~ng vote~ AYES: Co~ci~ m~ers Bowl~s, GarliC, Grove, ~ard, Ta~, Th~s and Hayor Taylor ............................... NAYS= Non~ .................................0. ZONING= Co~cil having set a p~l~c hearing for 7=30 p.m., Honday, October 11, 1976, on the adoption o~ ~e Official 1976 Zoning Hap, th~ ~tter was before ~e b~y. ~n ~s co~ect~on, ~e City Pla~ing C~ss~on s~itted a written report reco~ending adoption of the Offic~a~ 1976 Zoning~p. (For full text, see report as filed ~n ~e City Clerk's Off~ce.) No one appearing ~n opposition to ~e ~ttur~ ~. Tho~s moved ~at ~e following Ord~n~ce be placed upon its f~rst read,g= (%23287) ~ O~CE to ~nd an~ r~ordain (a) ~e first paragraph of Sec. 3., Chapter 4.1. Zoning., Title ~ of ~e C~e of the City of Roanoke, ~956, as ~nded, relating to ~e Officlal Zonlng~p of ~e City of Roanoke~ (b) the second paragraph of Sec. 3., Chapter 4.1. Zoning., Titl~ ~ of the aforesaid C~e requiring certain copies of ~e Off,cia1 Zoning ~p to be ~taine~ and kept in certain offices of the C~ty ~ ~ing such ~ps and records of ord~n~ces re~at~ng to zoning f~na~ au~or~ty as to ~e c~ass~f~cat~on of properties ~n ~e C~ty~ ~d (c} reor~ain provisions containe~ ~ Sec, 3., Chapter 4.1. Zoning., Title ~ of ~e aforesai~ Code re~ating to re~lac~nt ~d revision of ~e off~cia~ zone ~p so as to~ke reference to the 1976 Zoning Map, City of Ro~ok~, Virginia', date~ October 11, 1976~ ~nstead of ~e 'Official 1966 Zoning Hap, C~ty of Roanoke', ~ate~ August 29, 1966. The motion was seconded by l~r. Hub~rd and adopted by the ~ollowing vote~ Thomas and Nayor Tsylor .............................. ~GUE OF O~ER~RI~S, INCO~O~D~ A c~cat~on fr~ ~ague of Older ~rlcans requesting ~at a new c~ty repr~s~tative be ap~nted (For full text, see c~lcat~on as filed ~n the City Clerk's Off~ce.) Hr. Garland ~ved that ~e Hayor be requested to ap~lnt a city representative after conferring wi~ ~e C~ty~ager. The~tion was seconded by Mr. Grove and ~an~ously adopted. Hental Health Se~ices o~ ~e Roanoke Valley re~esting ~at Cocci1 reinstate $27,114.00 of ~eir budget request for the c~rent f~scal year in order to have ~e s~e level of per capita f~ding from the city as received last ~ear the b~y. (For full text, see co~ication as filed In the City Clerk*s Office.) {For full text, see stat~ent as f~led ~n ~e City Clerk's Office.) to ~e City H~ager to ascertain if the f~d2 c~ be fo~d within the 1976-77 to 197~-78 budget study for consideration by Co~c~l at ~at time. The motion Division of Justice ~d Cr~e Privation for 951 of ~ coat~ with a fiv~ par cent local ~tching cost, was before Cocci1. (For full text, see co~ication as filed ~n ~he City Clerk*s Office.) ~. Grove offered the foll~ing ~erg~cy Ordin~ce appropriating the re~ested (%23288} ~ O~IN~CE to ~end and reorda[n Section %0710, =Co~on- weal~ Attorney,= of the 1976-77 Appropriation ordin~ce, and providing for an (For full text of O~inance, see Ordinance Hook .! ~c. Grove moved the adoption of tho Ordin~ncs. The motion was seconded by Mr. Garland and adopted by the following voteg AYES= Council members Bowlesw Garlandw Grove, Hubardt Tauhman~ Thomas and Mayor Taylor ............................. ?. NAYS= None ...............................0. BUDGET-COMMONWEALTHIS ATTORNEY= A c0~ku%lcation fr0~ the Co~nonwealth~s Attorney requesting an appropriation of $738.00 to cover expected expenses to be incurred by his Chief Assistant Cor~nonwealth~s Attorney while attending a course on National Homicide Symposium in San Fra~cisco~ Califernia~ advising that a grant request has been applied for through D.J.C.P. for 95% of the cost with a five per cent local matching costt was before Council. (For full text, see communication as f~led ~n the C~ty Clerk's Office.) Mr. Garland offered the following emergency Ordinance appropriating the requested funds= (%23289) AN ORDINANCE to amend and reordain Section %0710, wealth Attorney,' of the 1976-77 Appropriation Ordinance, and providing for an e~nergency. (For full text of Ordinance, see Ordinance Book NO. Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, ~umdrd, Taubman, Thomas and Mayor Taylor ............................... NAYS: None .................................0. BUDGET-COMMONWEALTH'S ATTORNEY: A co~ttnication from the Co~nonwealth~s Attorney requesting an appropriation of $422.00 to cover expected expenses to be incurred by his Aclm~nistrative Assistant while attending a course on Management in Prosecutor's office in Jacksonville, Florida, advising that a grant request has been applied for through D.J.C.P. for 95% Of the costs with a five per cent local matching cost, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Hr. Hubard offered the fo/lowing emergency Ordinance appropriating the requested funds: (%23290) AN ORDINANCE to amend and reordain Section %0710, 'Common- wealth Attorney,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Bubard moved the adoption of the Ordinance. The motion was seconded by Mr. Ta~bman and adopted by the following vote~ AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ...................................... 7. NAYS: None .................................0. P~PORTS OF STREETS AND ALLEYS-STATE HIGHWAYS: The Clty Hanager submitted a writtun report advising that at the meeting of Council on August 16, 1976, Council referred to him a list of requested items from residents and o~mers of property 75 on Colonial Avenue, S. W.~ from existing 23~ SWeet to Broed~ey~ advising as an alternate reco~endation, ~he a~a~nistratlon suggests that Council approve a cc~prc~tse proposal which would Increase ~he number of lanes on Colonial Avenue only in the ~edlate vicinity of the new 23rd Street ~tersectlon and vould n~t have the l~pact on the area citlzens of the original proposal, that perking would be permanently removed on the north side of Colonial Avenue fro~ old Street 300' feet through the new 23rd Street lntereectlon, that this area would then be paved and n~rked for through traffic, westhound on Colonlal Avenue and additionally parking would be permanently removed on the south side of Avenue for 300' west of Colonial Avenue and the new 23rd Street and thls area would be paved end marked for right turn traffic eastbound on Colonial Avenue. (For full text, see report as filed in the City Clerk's Office.) Mr. Grove moved that Council concur in the report. The motion was seconded by Mr. Garland and unanimously adopted. BUDGET-TRAFFIC: The City Manager submitted a written report in connec- tion with the possibility of funding ~mprovements to the Riverland Road Garden City Boulevard intersection through the Virginla Department of Highways and Transportation, recc~lmending that the needed $?8,000.00 be transferred from the recently established Highway Construction Fund to a Riverland Road - Garden City Boulevard capital account in order to proceed with the work. (For full text, see report as filed in the city Clerk's Office.) Mr. Grove offered the following emergency Ordinance transferring the recommended funds= (S23291) AN ORDINANCE to amend and reordain certain sections of the Capital Fund of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council me~bers Bowles, Garland, Grove, Hubard, Taub~an, Thomas and Hayor Taylor ............................... 7. NAYS: None ................................ 0. BUDGET-GRANTS-~FENILE AND DOMESTIC RELATIONS DISTRICT COURT: The City Manager submitted a written report advising that D.J.C.P. funding for the Regional Intake Office has terminated, that the city, Sale-~ and Roanoke county now fund the office with the Department of Corrections supplementing staff salaries, and recommending that this department be transferred fro~ the Grant Progra~ns Account to the General Fund. {For full text, see report as filed tn tho City Clerk's Office.) Mr. Thomas offered the following emergency Ordinance decreasing Salaries and Wages by $44,564.00 and Travel and E~ucation by $1,000.00 under #Regional Intake Office,' of the 1976-?? Grent Progra~A¢coku~t: (%23292} AN ORDINARCE to amend and reordaln the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. {For full text Of Ordinance, see Ordinance Book No. ~lr. Thanes moved the adoption of the Ordinance. The motion was seconded by Hr. Ta-~-n and adopted by the £ollo~lng vote= AYES: Council members BO~les, Garland, Grove, Hubardw Thomas and Hayor Taylor ............................. 7. HAYS: None ...............................0. Hr. Eubard offered the follo~ing emergency Ordinance appropriating $44,554.00 to Salaries and Wages and $1,000,00 to Travel and Education under Section [0722, 'Regional Intake Office,' of the 1976-77 budget= (%23293) AN ORDIHANCE to amend and reordain Section %0722w 'Regional Intake Office,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Tau~nan and adopted by the following vote= AYES= Council menbers Bowles, Garland, Grove, Hubard, Taubman, Thomas and Hayor Taylor .............................. 7. NAYS= None ................................0. GRANTS-SEWERS AND STOR~ DRAINS= The City Manager submitted a written report in connection with the federal grant for construction Of additional di- gesters, chlorination facilities and air blowers at the Sewage Treatment Plant, reco~ending that Council approve the proper measure authorizing the City Manager to execute any necessary request for reimbursement payment for~L~ or other docu- ments necessary for closing out this grant. (For full text, see report as filed in the City Clerk's Office.) Hr. Thomas offered the followlng Resolution= (%23294) A RESOLUTION designating certain officials of the City of Roanoke as 'Authorized Offlcials for the Grant', to act for and on behalf of said city in applying for and receiving reimbursement ~u~der EPA Grant NO. C-510233 of certain Federal funds, under provisions of the Water Pollution Control Act Amendments of 1972. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Hrs. Bowles and adopted by the followlng vote= AYES= Council members Bowies, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................. 7. NAYS= None ...................................0. GRANTS-SEWERS AND STORM DRAINS= The City Manager submitted a written report in connection with the federal grant for construction of a parallel line for the Tinker Creek Interceptor from Orange Avenue to just below Wise Avenue and portions of Lick Run and Orange Avenue Interceptors, recommending that Council approve the proper measure authorizing the City Manager to execute any necessary request for reimbursement payment forms or other documents necessary for closlng out this grant. (For full text, see report as filed in the City Clerk's Office.) Hr. Thomas offered the £ollo~ln9 Resolutions (23295) A RESOIArrlON designating certain officials of the CLty o£ Roanoke as 'Authorized Officials for the Grant', to act for and on behalf of said City in applying for and receiving relmbursementunder EPA Grant NO. C-510266 of certain Federal funds, under provisions of the Water Pollution Con- trol Act Amendments of 1972. (For full text of Resolution, see Reeolution Book Hr. Thomas moved the adoption Of the Resolution. The motion was seconded by Hr. Grove and adopted by the following votes AYES: Council members Bowies, Garland, Grove, Rubard, Tallh~n, Thomae and Mayor Taylor ................................. NAYSI None ............................0. BUDGET-REGIONAL dAILI The City Hanager submitted a written report reccannending authorization to execute the appropriate initial application form~ for a 100 per cent grant in the maximum permitted amount of $5,000,000.00 under the public Works Emplo~nent Act of 1976, to cover a portion of the cost of the proposed new Courthouse - Jail complex. (For full text, see report as filed in the City Clerk's Office.) Hr. Hubard offered the following Resolution authorizing and directing application to be (%23296) A RESOLUTION authorizing and directing application to be made to the U. S. Department of Commerce, Economic Development Administratio~, for a grant to the City under the Local public Works Capital Development and Investment Act (LPW-19?6) for aid in construction of a new courthouse-jail complex]i in the City of Roanoke. (For full text of Resolution, see Resolution Book No. Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Hrs. Bowles and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taub~an, Thomas end Mayor Taylor ................................. NAYS= None ........................... GRANTS-SEWERS AN~ STORM DRAINS= The City Manager sub,lifted a written report recommending authorization to execute a grant agreement for federal funds in the amount of $?25,?70.00 which is 75 per cent of the eliglble cost for replacement of the Downtown-Norfolk Avenue Interceptor from Tinker Creek to the southeast corner of First Street and c~phell Avenue, S. E. (For full text, see report as filed in the City Clerk's Office.) Hr. Thomas offered the followlng emergency Ordinence ratifying a~d adopting the city's project application: (%23297} AN ORDINANCE ratifying a~d adopting the city's project appllcatlon made to the United States of A~erica, through the State Water Control Board, for a Step III grant of funds under the Federal Water Pollution Control Act~ accepting a certain grant offer in the a~ount of $725,770.00 ~ade to the city by the United States of America under date of September 20, 1976, as E.P.A. Grant Amendment No. C-510510-02, for eligible costs of replacement of the Bo%a%tow~ Norfolk Avenue sewer interceptor from Tinker Creek to the southeast corner of 1st Street, S. W., in the City of Roanoke; authorizing Byron R. Haner, City ~anager, or in his absence, Sam H. McGhee, III, Assista~t city Manager, to execute ~he city's acceptance of the aforesaid grant o£fer as evidence of the city's acceptance thereof, and to enter into a Grant Agreement on behalf of the City with the United States of America in the premises~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. H~o Thomas moved the adoption of the Ordinance. The motion was seconded by H~o Taubman and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Tat~m~n, Tho~s and MayOr Taylor ...................................... ?. NAYS= Nons .................................0. STATE HIGHWAYS-BRIDGSS-S~ERS AND STOR~DRAINS= The Clty Managsr submitted a written report rsco~mending adoption Of the appropriate measure authoriaing exscution of an agreement bstween the Co~onwsalth, City Of Roanoks and Norfolk and Wsstern Railway Company delineating ths responsibilitiea of sach party relative to construction of the propossd 13th Strsetf S. E. Bridgs and proposed storm sswer within the Railway right of way and sstablishing an estimate Of costa anticlpatsd by the ~ailway. (For full tsxt, sss rsport as filed in the City Clerk's Office.) Mr. ~ubard offered the following Resolution authorizing ex~cution of the agreement= (%23298) A ~ESOLUTION authorizing the sxeuution on behalf of tbs city of an agr==~=,t bstwssn the city, ~%s Co~onwsalth of Virginia and ~s Norfolk and Wsstsrn Railway Company relating to thc construction of the propo~sd nsw 13th Strsst, S. H., bridge cyst the Norfolk and Western Railway Company's tracks and Roanoke Rivsr, and othsr relatsd ~u~provements, as a part of Projsct U000-128-102, C-501, C-502, B-604, Fsderal Project M-5128 (9}. (For full text of Rssolution, sss Resolution Hook No. Mr. Hubard movsd the adoption of tbs ~esolution. The motion was seconded by Mr. Taubman and adoptsd by the followlng vots= AYES= Council members Bowles, Garland, Grove, H~ard, Taub~u~, Thomas and Mayor Taylor ............................. NAYS= Nons ....................... 0. HOUSING-SLU~ CLEARANCE-pLA~NING-G~J~NTS= The City Attornsy submitted a writtsn rsport advising of an error in Resolution No. 23261 relating to an crsass in the City of Roanoke Redevelopment and Housing A~thorlty~a allocation fo= housing assistancs payments, and transmitting a Resolution to provide for 398 housing ~nits rathsr tha~ 298. (For full tsxt, see report as filsd in ths City Clerk's Offics.) Mr. Hubard offered the following Resolution= {~23299) A ~ESOLUTION approving an a~end~ent to Sec. 8 of ths United Statss Department Of Housing and Urban Developmsnt, Community Dsvslopment Block Gra~t, Grant NO. B-?6-MC-51-0020, by increasing ths City of Roanoke Redevelop- ment and Housing Authority's allocation for housing assiatance paymsnts by twenty (2~) addltiona! dwslling ~nita. (For full text of Resolutlon, see Rssolution ~ook No. .79 8O Hr, Hubard moved the adoption o£ the Resolution, The motion was seconded by Hr, Thcsnas and adopted by the following AYES~ Council members Bo~lesw Garland, Grove, Hubard, Taub~ant Thomas and Hayor Taylor .............................. NAYS~ None ............................... AUDITS-SCHOOLS= The Hunicipal Auditor eu~mitted a written report advising of examination of the financial records Of the Roanoke City public School Activity funds for the year ended June 30, 1976t advising that the acco~panying statement of cash receipts and disbursements presents fairly the recorded cash transactions of the Roanoke City Public School Activity Funds for the year unded June 30, 1976, on a basis consistent with that Of the prior years. (For full text, see report as filed in the City Clerk*s Office.) Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. STREETS A~D ALLEYS= The City Plaaning C©~{ssion submitted a written report in connectio~ with the request of Dr. John E. Gardner, Jr.w that a portion of that certain alleyway extending in a westerly direction botween Block 14, Ex- change Building and Investment Company Map and Block l, Janette Land company Map, be vacated, discontinued and closed, advising that the request has been amended to provide for the realignment of the alley, recommending that the amended re- quest be approved provided dedication and ~nprove~ent of a suitable substitute access fr(~n Woods Avenue, S. W., is included. (For full text, see report as filed in thn City Clerk's Office.) ~r. Thomas moved that Council hold a public hearing on the request at ?:30 p.m., Monday, November 8, 1976. The motio~ was seconded by Hr. Hubard and tlnanimously adopted. REPORTS OF COMMITTRES: CITY EMPLOYEES: Council having previously referred to the Personnel Board for study, report and reco~e-ndatlon the ~tter of reclassifying the City Attorney position fro~ unclassified to ~nge 38 and the Director of Finance position from Range 37 to Range 38, the Personnel Board submitted a writtnn reportli concurring in the reclassiflcations. (For ful! text, see report as filed in the City Clerk's Office.) }ir. Tho~s moved that the report be received ~d filed. The motion was seconded by Mr. Hubard a~d adopted, Hrs. Bowles and Hr. Garland voting CITIZENS' TASK FORCE FOR CRIngE PF~/ENT[ONAk~D SOCIA~ DEV~LOPHENT: The Steering Conunittee, citizens~ Task Force for Crime Prevention and Social DeYelopment, submitted a written report relating to its study of the concept and recommendations for the formation and structure of a task force. (For full text, see report as filed in the city Clerk's Office.} In this connection, a further report from Reverend Leroy C. Roberts, Chair~a~ of the Steering C~ttee, transm/tting suggestod names for the Task Force, was al~o before the Council. (For full text, see report as filed in the City Clerk's office.) i~Lr. Thomas moved 'chat ~he reports bo ~ecelved and f~led and co~curred in by Council. The motion was seconded by 1~. Ta~ and unan~nously adopted. The Hayor then declared the floor ope~ for nominations to the Citizens' Task Force for Crime Prevention and Social Developmentl whereuponw Hr. Thomas placed In nomination the names of Hrs. Bonnie K. Lowe, Reverend ~eroy C. Roberts, Hrs. Frances S. Boon, Mr. Ronald E. Turner, Hr. Harris H. Greene, Hr. William R. Hill, Mr. Carlton E. Saul, Mr. Joseph T. Coleman, Jr., Hs. Christine L. Cr~unp, Hr. H. D. Hooper, Mr. George E. Franklin, and Hr. L. L. Koontz. There being no further nominations, Hrs. Lowe, Reverend Roberts, Hrs. Boon, Mr. Turner, Hr. Greene, Hr. Hill, Hr. Saul, Hr. Coleman, Ms. Crump, Hr. Hooper, Mr. Franklin and Mr. Koontz were elected as members of the Citizens' Task Force for Crime Prevention and Social Development for terms of one year each ending JUne 30, 1976, by the following vote= FOR HRS. LOWE, ~EVEREND ROBERTS, HRS. BOON, MESSRS. TURNER, GRSERE, HILL, SAUL, COLEHAN, HS. CRUMP, ~LESSRS. HOOPER, FRANKLIN, AND KOO~TZ= Council ~embers Bowles, Garland, Grove, Hubard, Taubr~n, Thomas and Hayor Taylor ....... 7. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAI!qS= NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND ~ESOLUTIONS= CITY ENGINEER-CITY EHPLOyEEs= Cotmcil having directed the City Attorney to prepare the proper measure confirming the appointment by the City Ha~ager of ~. D. Sink as Director of p~blic Wroks, effective October 5, 1976, he presented same~ whereupon, ~.[r. Hubard offered the following Resolution: (%23300) A RSSOLNTION confirratng the City ~anager's appointment of J. D. Sink a~ Director of Public Works, in the administrative service of the City of Roanoke. (For full text of Resolution, see Reaolutlon Book No. Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council me~bers Bowles, Garland, Grove, Hubard, Taubraan, Thomas and Mayor Taylor .................................... 7. NAYS: None .............................. 0. HOTIONS AND HISCELLANEOUS BUSINESS: INDUSTRIES: The Mayor called to the attention of Council that the ter~ of Hr. Robert ~. T~rn~r, Jr., as a member of the ~ndustrial D~velo~men~ Authority of the City of Roanoke, Virginia, will expire on October 20, 1976, and called for nominations to fill the vacancy. Mr. Hubard placed ~n no, nation the name of Mr. Robert H. Turner, Jr. There being no further non, nations, Hr. Robert H. Turner, Jr., was reelected as a member of the Industrial Development Authority of the City of Roanoke for a term of four years ending October 20, 1980, by the following vote: FOR ME. TURNER= Council members Bowles, Garland, Grove, Hubard, Taub~an, Thomas and Mayor Taylor ........................ 7. OTHER BEARINGS OF CITIZENS: SEWERS AND STORH D~AINS~CO~PLAINTS= Hrs. Ja~es T. Bratton, 16 14th Street, S. W., appeared before Cou-~cil a~d co~lained about flooding in her area and property damage as a result thereof. 82 ~. Garland moved that 'the complaint be ~e~erred to the City~ia~ager ~or lnvos~lga~lon ~d re~z~ ~o ~e Co~o~l a~ ~s ~e~lng on ~nday~ ~obe~ 25~ 1976. The~tlon was seconded by ~. ~s ~d ~usly adopted. S~ ~ S~ D~INS-~St ~. ~zold H. Orr, 3r.~ 2917 ~nlyn Circle, S. E.~ appeared ~fore Co~ull ~d advised ~at during the weekend of ~t~er 8~ ~d 9~ certain residers o~ Mill Mo~tain Estates ex~rienced water backup through ~e sto~ drains and ~de refer~ce to pro~rty d~ge as a ~esult ~e~eof ~d also alluded to ~e fact ~at ~ re,,ting ~la ~tter to certain city depar~ents~ he was not treated ~ a co~teous ~er. ~. Garland ~ved ~at the ~tter ~ referred to the Clty~nager for i~vestigation ~d re~rt to Co,oil at its re~lar meeting on ~nday, ~tober 25, 1976. The motion was seconded by ~. ~s and ~ously adopted. P~S ~D P~YGRO~DS: ~s, Elvlra Wade, 20 11~ Street, S. W., ap~are~ before Co~cil In reference to acquisition of properties for ~e Sou~west Park, advising that all pro~rties on 11~ Street were scsi,ed by ~e city with the exception of her h~e and inquired as to the reason her pro~rty was not also purchased. ~. H~ard ~ved that the ~tter be referred to the City Manager for investigation and report to Co~cil at its meeting on Monday, ~to~r 25, 1976. The motion was seconded by ~. Ta~n and ~an~ously adopted. There ~ing no further business, ~e Hayor declared ~e meeting adjourned. ATTEST: City Clerk APPROVED Mayor CO~N¢Ir., REGULAR H~ETING~ Monday~ October 25~ 1976. The Council of tho City of l~anoke met ~n regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, on Monday, October 25, 1976, at 2 p.m., the regular meeting hour, with Mayor Noel C. Taylor presidfng. pRESENT= Council m~_mb~rs Elizabeth T. Bowles~ Robert A. Garland~ Lucian Y. Grovew William S. Hubardt Nicholas F. Ta~m~nw Hampton W. ThC~as and Mayor Noel C. Taylor ..................................... 7. ABSENT= None ......................................0. OFFICERS PRESENT= Mr. Byron E. Honer, City Hanager~ Hr. Sam H. McGheew IIX, Assistant City Manager~ Hr. James N. Kincanont City Attorney~ Hr. James E. Buchholtz~ Assistant City Attorney~ Mr. A. N. Gibson, Director of Finance~ and Mrs. Mary F. Parker, City Clerk. I~OCATION= The meeting was opened with a prayer by the Reverend Robert M. Ramner, Pastor, Grandin Court Baptist Church. M~NUTES= Copy of the minutes Of the regular meeting held on Monday, October ll, 1976, having been furnished each me~mber of council, on motion of Hr. Thomas, seconded by Mr. Taubman and ~nan~mously adopted, the reading thereof was dispensed with and th~ minutes approved as recorded. DIRECTOR OF F~A~C~: ~r. A. ~. Gibson, Director of Finance, having previously tendere~ his resignation, effective Octo~ar 31, 1976, .Hr. Garland offered the following Resolution: (%23301) A RSSOLUTION relatlng to HR. A. N. G~ESON, retiring Director Of Finance of the City of Roanoke. Hr. Garland move~ the adoption of the Resolutlon. The motion was seconded by Hr. Grove and adopted by the following vote= AYES= Council ~embers ~owles, Garland, Grove, Hubard~ Taubmaa, Thomas and Mayor Taylor ................................... ?- NAYS= None .....................................0. On behalf of the Council, the Mayor presented Hr. Gibson with a sultably framed copy of the above Resolution amd a 'Key to the City'. ACTS OF ACKNO~/)GE/~ENT= The Mayor presented an award which was given to the City of Roanoke by the National Guard on October 12, 1976, in recognition of continued support to the Virginia National Guard. PROCLAMATIONS= The Mayor advised that he has proclalmed the week of November 7 - 13, 1976, as Mail Appreciation Week in the City of Roanoke and urged all fellow citizens to use this occasion to assist the Roanoke Post Office by honoring all suggested mailing dates in order to insure a successful 1976 HolidayMailing Season. (For full text, see Procls/~ation as filed in the City Clerk's Office.} 83 U.S.S. ROANOKE= Council having previously been advised that the c~lssioning ceremony for the U.S.S. Roanoke (AOR-?) will be held on Saturday, October 30~ 1976, in ~ong Beach, California, Mr. Garland offered the following Resolution stating the pride of the citizens of the City of Roanoke in the fact that the USS Roanoke will serve aa a ship in the active fleet of the United States Navy, bearing the name of this city, of the county surrounding it and of the river which flows through them and arranging certain gifts to be presented to the Ship upon the c~mmisstoning occasion= (%23302) A P~SOLUTION addressed to the Captain and Crew of USS ROANOKE, (AOR-7), upon co~missiontng of that Ship on October 30, 1976. (For full text of Resolution, see Resolution Book No. Hr. Garland moved the adoption of the Resolution. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES= council members Bowles, Garland, Grove, Hubard, Taub~an, Thomas and Mayor Taylor .................................. 7. NAYS= None ....................................0. Co~nander Harold E. shroeder appeared before Council and advised that a sterling silver coffee and tea service will be presented at the tine of commis- sioning for use in the Captain's Cabin or Ward Room during official functions, that an electric popcorn machine has already been delivered for use by the crew anua book entitled, =History Of the City of Roanoke' by Mr. Raymond P. Barnes will be lodged in the ship's library. HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKING GARAGE: Pursuant to notice of advertisement for bids for management of the Municipal Parking Garage, said proposals to be received by the City Clerk ~ntil 5:00 p.m., Friday, October 22, 1976, and to be opened before Council at 2:00 p.m., Monday, October 25, 1976, the Mayor asked if anyone had any questions about the advertisement for bids and no representative present raisipg 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 24 month 36 month 48 month National Garages, Inc. $1,140.00/mo. $ 985.00/mo. $ 870.00/mo. Plus 0% Plus 0% Plus 0% APCOA, Inc. $3,498.00/mo. $3,836.00/mo. $3,971.00/mo. Plus 5% Plus 5% Plus 3% Downtown Roanoke, Inc. $46,977.00/yr. $53,027.00/yr. $3,914.75/mo. $4,418.92/mo. $4,860.58/mo. First Year Plus 50% Plus 50% $4,018.92/mo. Second Year Plus 50% $4,194.00/mo. $4,312.00/mo. Plus 0% Plus 4 1/2% J & S Parking Co., Inc. Mr. Hubard moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. motion was seconded by Mr. Thomas and unaninously adopted. $4,400.00/mo. Plus 4% The The Mayor appointed Hessrs. Sam H. McGhee, III~ Chairman, WllliamA. Hewitt and Kit B. Klser as members o£ the committee. CITY ENGINEEB-SERVICE CENTERs Pursuant to notice Of advertiseme~t for bids for construction of a 2-bay wash facility for the Public Works Service Center, said proposals to be received by the City Clerk tultil 1=30 p.m., ~onday, October 25~ 1976~ and to be opened before Council at 2=00 p.m.~ on that date, the Mayor asked if anyone had uny questions about the advertiseme~t 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~ Bidder Base Bid Alt, No. I Alt. No. 2 (Deduct} (Deduct} Thor, ~ncorporated Creative Construction and Development Corporation W. W. Emerson, Incorporated Hodges Lum~er Corporation Days Construction Company Regional Construction Ser- vices~ Incorporated $122,800.00 $14,000.00 $10,000.00 125,600.00 13,100.00 22,200.00 132,500.00 12,600.00 15,300.00 136,?00.00 14,544.00 ?,560.00 138,400.00 NO BID NO BID 139,855.00 15,000.00 29,000.00 Hr. Taubman moved that the bids be referred to a cc~mittee to be appointed by the Mayor for tabulatlon, report and recommendation to Council. The motion was seconded by Hr. Bubard and unanimously adopted. The Mayor appointed Hessrs. Sam H. HcGhee, III, Chairman, Thomas F. Brady and William G. Kutny as members of the con~uittee. SEWERS AND STOP44 DRAINS= Pursuant to notice of advertisement for bids for construction of the Fairland Lake sanitary sewer collectors (Plan No. 5448-75), said proposals to be received by the City Clerk until 1:30 p.m., Monday, October 25, 1976, and to be opened before Council at 2=00 p.m., on that date, the Mayor asked if anyone had any questions about the advsrtisement for bids and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the ope/~ing of the bids; whereupon, the City Clerk opened and read the following bids= Plecker Construction Compa/ly - $ 187,767.85 Aaron J. Conner General Contractor, Incorporated - 195,661.91 E. C. Pace & Company - 257,257.00 J. P. T~rner Brothers, Incorporated - 289,520.50 Hr. Grove moved that the bids be referred to a comraittee to be appointed by the Mayor for tabulation, report and recom~endation to Council. The motion was seconded by Mrs. Bowles and unanimously adopted. The Mayor appointed Messrs. Kit B. K/ser, Chail~nan, Thomas F. Brady a~d B. B. Thompson as members of the comn~ttee. PAKKS AND PLAYGROUNDS: Hrs. zaman K. McManaway appeared before Coku~cil a~d read a prepared statement requesting that the land to be acquired by the city from the Veteran's Administration on Shenandoah Avenue, N. W., be u~ed (For full text, see statement as flled in the City Clerk's Office.} .85 H~. Garland moved that ~he con~unication be received and flied and that a copy be foz,~,arded to ~e ~11 Ho~a~ ~velo~n~ Co~ee fo~ lnfo~lon. The mo~on was seconded by ~. H~ard ~d ~usly adopted. C~l~n~ ~oke Sister City C~ttee~ re~est~g ~at Co~cil adopt a measure concurring In the establis~ent of a ~lt~al exch~ge progr~ ~tween the City oi ~anoke and the City of Kis~u~ Kenya, was before the (For full text, see c~lcation as filed In ~e City Clerk's Office.) ~. C~cey L. ~an presented a brief histo~ of the City oi Kis~u. ~. Garland moved that the ~tter ~ referred to ~e City Attorney for preparation o~ the proper measure concurring in the request o~ ~e Sister City Co~ittee. The ~tion was seconded by ~s. Bowles and ~usly adopted. P~SIONSt ~. Silas H. Weddle, a retired city ~loyee~ appeared ~Eore Co~cil in reference to the m~rs of ~e police a~d Fire Pension Syst~ who were left OUt of the adjus~t provided by Ordin~ce No. 23025. (For full t~t, see c~ication as filed in the City Clerk's Office.) ~. Th~s moved that ~e ~tter be referred to the ~ard of Trustees~ ~ployees~ Retir~ent Syst~ for study, report and reco~endation to and to 1977-~8 budget study for consideration. The motion was seconded by Mr. Tarn and ~ously adopted. PETITIONS ~ CO~I~TIONS: S'i'~I~n= A co~ication from ~. Jolm A. Kelley, ~nager, Civics Depar~ent, Ro~oke Valley Cheer of Co=erca, requesting that charges for use of the Stadi~ and related se~ices for the ~ual Ch~ioaship Football Playoff G~es on Nov~er 14, 1976, be waived. (For full text, see c~ication as file~ in the City Clerk's Office.) ~. Th~as moved ~at Cocci1 concur in ~e request. The motion was seconded by ~. Ta~an and ~an~ously adopted. S~ ~D S~ D~INS-WATER DEP~T-~E~TION: A c~icatlon fromm. ~rtis W. Fitzgerald re~esting ~ac~t of such Ordin~ces, refrac- tive to Janua~ 1, '1976, which will assure equal trea~t, ~der ~e law, to those residents who bec~ a part of ~e city on said date, in co~ection with tire Director of ~e Roanoke Cowry P~lic Se~ice Au~ority, foully notifying the city o[ ~. Fitzgerald's refusal to pay ~ city utility tax assessm~t, were before Council. {For full text, see co~ications as filed in ~e City Clerk's Office.) In reference to the suggestion of inj~ctiVe action referred to ~. Fitzgerald's letter, on motion of ~. Grove, seconded bye. Garl~d ~d ~an~ously adopted, ~e ~tter was referred to ~e City Atto~ey for study, re~rt and reco~dation to Co~cil at ~e earliest possible date. S~ ~ S~ D~INS-WATER DEP~T-~E~TION= A co~ication from ~. Willi~ T. Ross requesting that ~e city ass~e ~e difference between city ~d co~ty water charges and also ~e differ~ce in fire insurance due to the absence of fire hydrants for ~e citizens of ~e ~exed area from J~ua~ 1, 1976, ~til such t~e as ~ese b~efits c~ be provided, was before Cocci1. (For full text, see ccmnunication as filed in the City Clerk"s Office.) lire Garland moved that the Director of Finance be Instructed to provide the Council with figures delineat~ng the cost to the city to pick up the difference between city and county rates for water and sewage. The motion was seconded by H~o Grove and adopted, Hessrs0 Hubard and Taulman voting no. SE~,~-~RSAND STOPJ~ DRAI~S-F.,ASEHE~?$~ A commanication frown Hr° Daniel S. Brown, Attorney, representing the Virginia State Church of God, requesting a waiver of the appar~t requirement tn Resolution No. 22654, that the Church bear the cost Of any connection fee which may be imposed upon the city by the county if the city elects in the future to discharge waste water from the CarVins Cove Filter Plant Into the line, was before Council. (For full text, see cc~mu~lcation as filed in the City Clerk's Office.) Mr. Thomas moved that the matter be referred to the Water Resources Connuittee for study, report and recommendation to Council. The motion was seconded by Mr. Hubard and unanimously adopted. pAI~KS AND PLAYGROUNDS: Mr. Victor F. Fotl, President, Mill Ho~ntaln Playhouse Board of Directors, appeared before Council relative to the future of Rockledge Inn atop Hill Mountain which was daunaged by fire on October 15, 1976, and requested the support of Council in (1} granting the Hill Mou~taln Playhouse Company adequate t~me to assess the damage situation before making a decision regarding the future of the Playhouse building, (2) making the insurance proceeds available for either the reconstruction of the present bu£1ding or application toward the cost of construction of a new Playhouse facility with all efforts to be fully coordinated wlthboth the city government and the Hill Hou~ta~n Develol~nent Conunittee, and {3) affirming support of the cultural contribu- tion made by the Mill Mountain Playhouse to the citizens of the city and the Roanoke Valley. (For full text, see co~ununicatton as filed In the City Clerk's Office.) In this connection, the City Hanager submitted a written re~ort recom- mending the constrl~ction of a new Playhouse facility on Mill Mountain utilizing private f~t~ds if the City Attorney advises that a new facility is permitted under certain conditions with the city reserving general plan review rights and requiring the developers to insure, operate and maintain the facility at their cost, (2} that the City Manager, at such time as it becomes necessary, have the existing Playhouse structure demolished and every effort be made to salvage usable it~ms from the structure for future use and (3) the donation of a~y insurance settlement plan, plus the $10,000.00 in the budget for this year for parking lot improvements, less the cost of the demolition work, toward the cost of a new facility, with the donation being made upon award of a contract for construction of a new facility° (For full text, see report as filed in the City Clerk's Office.) After a discussion of the recommendations, Hr. Thomas moved that the co~unicatlon from the Board of Directors, Hill Hountain Playhouse, be received and filed. The motion was seconded by Hr. Tnub~ and tu~an~mously adopted. 8? '88 Hr. Te-~A-- moved ~hat ~he report of ~ho cltyHansger along vl~h ~he request of ~e Hill ~a~ Playhouse ~a~d o~ DIFec~o~s ~ ~ ~de~ advis~nt Co~c~l ~ll~ke a f~nal denomination. Thermion Vas seconded bye. ~d unan~usly adopted. tendering her ~esignation as a ~r of the Fair Rousing ~ard~ was befor~ (For full text, see c~lcation as f~led in ~e C~ty Clerk's office.) ~. H~ard moved that the res~gnation be acce~ted wl~ regret. The ~tion was seconded by ~. Tarn ~d ~ously adopted. S~TS ~D ~YS= ~ application fromm. Charles H. Osterhoudt~ Atto~ey, representing ~. W~ll[~Watts and Southwest V~rgin~a Co~ty Development F~d, requesting that a 50 foot w~de ~opened portion of Avenue, N. g., ~gi~ing at the westerly street line of Sixth Street ~d proceed- ing in a westerly direction to dead end as sh~ on ~p of De~w~ Terrace~ r~g between Block 26 ~d Block 33, be vacated, discontinued and closed, was before (For full text, see application as [~led in the City Clerk's Office.} ~. Hubard offered ~e foisting Resolution appointing viewers co~ect~on with the request: (%23303} A ~SOLUTION providing for the ap~n~ent of five ~rsons, not less th~ t~ee of wh~may act, as vte~rs In co~ection wi~ ~e applica- tion of Willi~Watts and Southwest Virginia Co~ity ~velopment F~d, to pemnently vacate, discontinue and close a certain ~opened street located in th~ City of Roanoke, Virginia, and belng described as foll~s: BEING that portion of Connecticut Avenu~ beg~nning at the westerly s~eet line o~ S~xth Street, N. g., ~d proceeding ~n a westerly direction to dead end as sho~ on ~p of De~- w~ Terrace r~n~ng between Block 26 ~d Block 33 of De~- wo~ Terrace, such s~eet being ~ ~opened portion of Connecticut Avenue, N. E., 50 feet wide. {For full text of Resolutlon, see Resolution Book No. ~. Hubard moved the adoption of ~e Resolution. Th~ motion was seconded by ~s. Bowles and adopted by the foll~[ng vote= Th~s and~yor Taylor ............................... ~. Hubard moved ~at the request be referred to ~e City Planing Co~is~ion for study, report ~d reco~endation to Co~c~l. The motion was seconded by ~. B~les and ~an~ously adopted. ~PORTS OF OFFICE~: BUZ~= The Greater Roanoke Transit C~p~y ~ard of Directors at lts meeting on ~to~r 18, 1976, having re~ested a report from the City ~nager relative to the po~s~bilit~es o[ const~cting a left tu~ fr~Avenh~Avenue onto Dillard Road to pemit bus~s to negotiate a series of left tu~ to proceed back north on Avenh~ Avenue, the City ~ager s~tted a wr~tt~ report not recoenaend~nq this construction bec&use~ (1) the ~ntersection is presently deslqned for the min[mumnumber of vehicular conflicts ~l~ a ~of slgh~ dist~ces, ~t v~hicles using thia U-tu~, using ~e no~d AvenhmAvenue r~p ~d ~ose ex~t~g fr~ D~lla~d ~ad ~ould have to concent~a2~ on t~affic from other locations ra~er 2h~ ~e exist~n~ t~o other l~a2[ons, ~d (2) recen2 t~aff[c studies indicat~ ~a~ this ~n~ersec21on ~hould be sl~nalized ~d should ~ls happ~ sou~d traffic ~ould s2ach up on Avenh~Avenue and (For full rex2, see ~e~ as filed ~n ~e C[t~ Clerk's office.) Fra~l[n ~ad ~nterch~e ~d advised ~f ~ls Is c~ty-o~ed property ~rhaps It could be use~ as a t~n-aro~d and moved ~at action on the report ~ deferred ~t~l the ~ext regular meeting of Cocci1 on Monday, Nov~er 1~ ~9~6~ in oraer for the C~ty ~nager to report to Cu~c~l relative to this ~uggest~on. The motion was seconde~ by ~. Tarn an~ ~an~ously adopted. S~ ~D S~ D~INS= The City Manager s~tte~ a~itten re~rt ~ connection with the drainage c~plaint of ~s. J~es T. Bratton~ 16 14~ Street, S. W., advising that construction necessa~ to relieve ~e s~tuation has been schedule~. (For fu~l text~ see regort as flle~ ~n the City Clerk's ~. Th~as move~ ~at the report be receive~ and filed. The motion was second~a by ~. Tau~ an~ ~an~ously adopte~. P~ ~ P~YGR~DS= The City Manager s~tte~ a written re~rt in co~ect~on wi~ the situation of Ms. E1v~ra Wade, 16 11~ Street, S. resulting fr~ the acquisition of property using Co~ity Develo~ent monies for a park in ~e we~t-en~ area of ~e city~ advising that a means of a~levia- t~ng her ex~resse~ concern cannot be r~co~en~ea as acquisition of ~e property cannot be justifie~. (For full t~t, see report as file~ in ~e City Clerk's Office.} ~. Hubar~ moved that Cocci1 concur ~n ~e re,rt. The motion was secon~e~ by ~. Garl~ and ~ously a~opted. S~ ~ S~D~INS= The C~ty~nager s~tted a wrltt~ re~rt in co~ect~on with the complaint of ~. Harold H. Orr, Jr., 291~ Bonl~ Circle, S. E., a~ut a sewer backup at his h~e ~ other homes on Bonlyn Circle on ~e weeken~ of October 9, 19~6, reco~ing that ~e city continu~ its progr~ of telev~slng, grouting ~ red,accent of ~e sewer lines to include the replace- ment of ~e sewer lines in this area as f~ds are avail~le and for ~. Orr ~ o~er residents ~n areas with a histo~ of sewer backups to insta~l backfl~ valves on their sewer laterals. (For full text, see report as filed ~n ~e City Clerk's ~. Hubard move~ that ~ report be receive~ ~ filed. The motion was secon~e~ bye. Ta~ ~d ~ous~ ado~te~. ~. Orr appeare~ ~fore Co,oil ~ took issue wi~ ~e rec~at~on of the C~ty ~nager, a~v~slng ~at he fee~s ~is is a city ~robl~ and should be han~le~ by ~e city wi~ ~e city bear~g ~e cost of ~e backflow valves. ~. Orr aAso reiterated ~e fact ~at he ~de more ~ two telephone ca~s 89 9O during the weekend of October 9th to the Public Works Department and his canplaintl were not handled in what he considers a courteous manner. The Mayor requested that the City Manager make a serious effort to d~soover what the problem is and take the necessary corrective measures in regard thereto. INSURANCE~ The City Manager submitted a written report in connection with cancer insurance for city employees, recommending that the minimum number of 100 be required before the city participates in collecting for this service and that this figure be utilized in preparation of the proper document to implement this program. {For full text, see report as filed in the City clerk's Office.} ~lrs. Bowles offered the following ResOlution= (%23304} A RESOLUTION authorizing per~it to be given to ~mplumenta- tion of a plan Of group cancer insurance for officers and employees of the city desiring to participate in such plan, upon certain conditions. (For full text of Resolution, see Resolution Book No. ~Lrs. Bowles moved the adoption of the Resolution. The motion was seconded by Mr. Thomas and adopted by the followlng vote: AYES= Cou/~cil me~mbers Bowles, Garland, Grovel Taub~an, Thomas a~d Mayor Taylor ................................... 6. RAYS: Cou/%cil member Hubard ......... 1. .~Lr. Hubard advised that his no vote wes cast due to high cost and l~mlted coverage. ELECTIONS: The City Manager submitted a written report in connection with preparation of a new Election Precinct Map, requesting concurrence in seek- ing acceptance by the Privileges and Electlons Subco~mlttee of the city's pre- cinct boundaries as they now exist with the understanding that'the city will provide populat£on information to the State by precinct upon request following completion of the 1980 Census of Population. (For full text, see report as filed in the City clerkfs Office.} Mr. Taubman moved that Council concur in the report. The motion was seconded by Mr. Grove and unanimously adopted. AIP~PORT= The City Manager submitted a written report requesting authority to give the FAA and/or their contractor, right of entry on city owned property at Roanoke Municipal Airport, Woodr%un Field, for installation of a Medium intensity Approach Light Syst~with R~nway Alig~unent Indicator Lights (~ALSR). (For full text, see report as filed i~ the City Clerk's Office.) Mr. Taub~aul offered the following Resolution: (%23305) A RESOLUTION authorizing the City Manager to grent to the Federal Aviation Administration or their contractor a right of entry on certain airport property for the purpose of installlng a Medium Intensity Approach Light Syetum with Renway Aligrunent Indicator Lights (MALSR). (For full text Of Resolution, see Resolution Book No. H~. Taubman moved the adoption of the Resolution, The motion was seconded by H~. Grove arid adopted by the following vote~' AYES~ Council members Bowles~ Garlandt Grove, Taubman, Thomas and Kayor Taylor ................................... NAYS~ None ..........................0. (Hr. Hubard was out of the Council chamber) SEWERS AND STORH D~AINS: The City ~tanager submitted a written report in connection with replacement of piping and the repair of cracks in the roofs of the three digester tanks at the Sewage Treatment Plant~ requesting that Co,nell repeal Ordinance No. 23148 authorizing a change order for sandblasting and sealing the roof of the three existing primary digesters, that he be authorize( to proceed with public advertisement for proposals to replace the piping and repair the cracks and that the sum of $40,000.00 be appropriated for this purpose. (For full text, see report as filed in the City Clerkts Office.) Hr. Thomas offered the following emergency Ordinance appropriating $40,000.00 to Plant Expansion under Section %2405, 'Capital Outlay From Bond Fu/~ds,' of the 1976-77 budget: {%23306) AN ORDINANCE to amend and reordain Section %2405, 'Capital O~tlay From Bond Funds,' of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinencat see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Tau~nan and adopted by the following vote= AYES: Co~t~cil members Bowles, Garland, Grove~ Taubman, Thomas and Mayor Taylor .... ? ............................... 6. NAYS: None ...........................0. (Hr. Hubard was Out of the CoUncil Chamber) Mr. Thebans offered the following e~ergency Ordinance repesling Ordinance No. 23148 and directing the City Manager to cause advertlse~ent for bids on certain other work: (%23307) AN ORDINANCE repealing Ordinance No. 23148, adopted August 2, 1976, authorizing tho issuance of a change order to the olty~s contract 'E' with J. W. Bateson Company, Incorporated, to provide for sandblasting end the sealing of the roofs of three (3) digester tanks at the City's Sewage Treatment Plant; directing the City Manager to cause advertisement for bids on certain other work to be done as hereinafter set forth; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman ~nd adopted by the following Vote: AYES: Conncil members Bowles, Garland, Grove, Hubard, Tauhman, Thomas and Mayor Taylor ............................. NAYS: None ...............................0. SEWERS A~B STORM DRAINS-CITY PROPERTY= The City Manager submitted a written report requesting concurrence to rase three dwellings on lots purchased adjacent to the Sewage Treatment Plant and to grade and plant said lots in grass. 92 IFor full text, see report as filed in the city Clerk's Office.) ~tr. Tsub~an moved thet Council concu~ in the rsport0 The motion was seconded by ~. Garland and unanimously adopted. TAX~S: The City Manager aul~nitted a ~lttan report In connection with cc~puterization of real esfate t,'~ collection, reccaamending that the matter be referred to the Steering Cc~nnittee established by direction of the Audit Connaittee to study management ln£ozlnation systems needs for early attention as a part of their examination of the total financial management information system. (For full text, see report as filed in the City Clerk's Offics.} In this connection, a con~unication from the Treasurer advising that he ~lana to continue to coOperate in response to the request made by the Audit Co,nitres on October 18, 1976, while at the same tim~, he will continue to parallel the present system of good money controls and balances relating to all collections and controls in the Treasurer's Office no~ in existence as required by law, was also before Council. (For full text, see coaunicstlon as filed in the City Clerk's Office.) After a discussion of the matter, Mr. Thomas moved that the Steering Co~mittee and the city Attorney be requestJd to submit to Council at its financial and planning session on Monday, November 15, 1976, their recolm~enda- tions and procedural suggestions relative to the city going on a fiscal year assessment and appraisal of real estate, and also their recommendations and suggestions as to whether the city should remain on the quarterly system or go to a semi-annual system of real estate collection together witll suggeste~ dates. The motion was seconded by F~r. E~bard and unan~ously adopted. Mr. Hubard moved that the report and communication be received and filed. The motion was seconded by Mr. Taubmau and unanimously adopted. BUDGET-WATER DEPARTMENT: The city Manager submitted a written report in connection with the Back Creek geological survey, advising that the Water Resources Committee requested that this ~atter be placed on the agenda. (For full text, see report as filed in the city Clerk's office.} Mr. Thomas offered the following e~ergency Ordinance appropriating $15,000.00 to Back Creek under Section ~2401, "Capital O~tlay From Revenue,' of the 1976-77 budget: (~23308) AR ORDINANCE to amend and reordain Section %2401, "Capital Outlay From Revenue," of the 1976-77 Water Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Tautxnan, Thomas and Mayor Taylor ............................. NAYS: None ...............................0. Mr. Thomas offered the following en~rgency Ordinance authorizing execution of an agreement engaging the services of Hayes, Seay, Mattern & Mattern, to conduct a geological reconnaissanoe survey and preliminary subsur- face investigation relating to the city's proposed new Back Creek water supply facility: (t23309) AN ORDIHANCE au~horizing execution of an agreement engaging certain professional services to conduct a geological reconnaissance survey and prel:l~nar~ aubsur£ace ~nveat~J~t~nfel&t~ng to t~a city's proposed new Back Creek water supply facllity~ upon certain terms and conditions! and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote~ AYES: Council members Bowles, Garland, Grove, Hubard, T/um~aa and Mayor Taylor .............................. 7. NAYS: None ................................0. BUDGET-EQUIPMENT: The City Manager s~bmttted a written report in connection with a damaged refuse vehicle, advising that the vehicle was a total loss and has been valued at $26,720.00, reco~unending that the city accept the value of the loss at $26,720.00 and allow the Manager of the Department of Purchasing and Materials Control to execute the necessary documents to recover this amount of money, further that $26,720.00 be appropriated to the Vehicular Maintenance Department and that Coancil concur in the issuance of a purchase order to Dicker- son GMC, Incorporated, for an additional cab and chassis in the amount of $31,686.00 and a purchase order to Cavalier Equipment Corporation for a co,patter body with 7,500 lb. arms in the amount of $17,100.00 in keeping with a previous vehicle and body which was put out for bids and ordered. (For full text, see report as filed in the City Clerk's Office.) Mr. Httbard offered the following emergency Ordinance appropriating $26,720.00 to Capital Outlay - Vehicle Maintenance under Section 41671, "Moto- rized Vehicle Maintenance," of the 1976-77 budget: {~23310) AN ORDINANCE to /unend and reordain Section 11671, "Motorized Vehicle Maintenance," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Counoil members Bowles, Garland, H~bard, Taubman, Thomas and Mayor Taylor ..................................... 6. NAYS: None ............................0. (Mr. Grove not voting) Mr. Hklbard offered the following emergency Ordinance accepting the proposals of Dickerson GMC, Incorporated, and Cavalier Equipment Corporation: {%23311) AN ORDINANCE providing for the purchase of certain vehicular equipment for use by the city, upon certain terms and conditions, by accepting certain bids made to the city for furnishing and deliverlng said vehicular equip- ment; providing for the issuance of requisite purchase orders for such equipment; and providing for an emergency. (For full text of Ordinance, see ordinance Book NO. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the followlng vote= AYESz CounCil membeza Bo~les~ Gar[and, tlubagd~ Ta~a, Thomas and ~yor Taylo~ .................................... ~DEP~T~ ~he CLty~a~er s~ltted a ~/tt~ ~e~r~ fecom- ~nd~ng concurrence ~n the rec~eBdat~on of Dr. S. A. Grah~ ~r.~ Dlrector~ Division of ~al Heal~ SedUces, State Heal~ ~par~nt~ ~at Dr. E, J. Clarke~ J=., be ap~lnted as C~lss[oner o[ Heal~ for ~e c~ty. (For full text, see re~rt as f~led ~ ~e C~ty Clerk's Office.} Mr. H~ard moved ~at Co~c[1 conc~ ~n the reco~ndation. The ~t~on was seconded by Hr. Tarn and ~ously adopted. CI~ ~GINEER-CI~ ~YEES= The City Hanager s~tted a written re~rt re~est[ng authorization to delete one ~sition of Draft~ I from ~e approved budget for f~scal year 1976-77 of ~e Depar~ent o[ ~g~neer[ng, planning ~d Building Inspection. (For full text, see report as filed In ~e City Clerk's Office.) ~. Th~s moved that Co~uil concur ~n ~e re~est. The ~t~on was seconded by ~. Garland an~ ~an~ously adopted. CO~ClL= The City M~ager ~ubmitted a written re~rt requesting an Executive Session to d~scuss a perso~el matter. ~r. Th~s moved that Cocci1 concur in the request. The ~tion was seconded by Mr. H~ard and adopted by the fo~l~ing vote: A~S~ Cocci1 ~rs ~wles, GarliC, Grove, H~ar~, ~a~n~ Thomas and Mayor Taylor .............................. NAYS: None ............................... 0. S~ ~D S~ D~INS-WATER DEP~NT-~T~ON: The C~ty Attorney s~[tted a written report relative to a hearing before ~e Court on ~tober 21st on motion of ~e o~er of property on a newly a~exed area of Fr~kl[n Road that a t~pora~ inj~ction awarded ~tober 9, 1976, ~joining further (For full text, see re~rt as filed in ~e City Clerk's Office.) Mr. H~ard moved ~at the re~rt be received and filed. The motion was seconde~ by ~. Grove and ~an~ously adopted. B~ET-PUBLIC ~= Th~ Director of Fin~ce s~itted a stat~ent of expenditures for P~l[c Welfare for the ~n~ ended Sept~er 30, 1976. (For full text, see stat~ent as f~led ~n ~ City Clerk's Office.) ~. Garl~d ~ved that the statist be received ~d filed. The motion was seconded by ~. H~ard and ~ously adopted. B~ET-~E S~ING: The Director of F~n~ce s~tted a ~tten report trans~tting two Ordln~ces to properly reflect ~e first quarterly receipt of Federal Revenue Sharing. (For full text, see report as filea in ~e City Clerk's Office.) Hr. H~ard offered ~ fol1~ing ~erg~cy Ord~ce decreasing ~d Wages ~der Section 91669, 'Refuse Collection,' by $36,388.08~ decreasing Salaries and Wages ~der Section %1345, 'Po[ice ~par~t~' by $93,102.58, and decreasing Salaries and Wages ~der Section %1347, 'Fire Depar~ent,' by $105,661.09: (~'23312) AN OP. DII'~',ICE to amend and reordaln certa:Ln sections of the 1976~?? Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. H~bard moved the adoption of the'Ordinance. The motion was seconded by Mr. Grove and adopted by the following votes AYES~ Council m~mh~.rs Bowles~ Garland~ Grove, Hubard~ Taul~an~ Thomas and Hayor Taylor NAYS~ None .................................0o Mr. Hubard offered the following emergency Ordinance increasing Salaries and Wages under Section ~1669~ 'Refuse Collection,' by $36,388.08, /ncreasing Salaries and Wages under Section #1345, 'Police D~partment, ' by $93,102.58, increasing Salaries and Wages ~nder Section %1347, 'Fire Depart~ent~' by $105,661.09~ and decreasing Revunue Sharing Fund by $235~151.75= (~2~313} AN OPA)INANCE to emend and reordain certain sections of the 1976-?? Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard~ Taub~an, Thomas and Mayor Taylor .............................. ?. NAYS: None ................................0. REPORTS OF COMMITTEES: AUDIT CO, MId'SEE: Minutes of the Audit Committee meeting held on October 18, 1976, were before Council. (For full text, see minutes as filed in the City Clerk's Office.} Mr. Hubard moved that the minutes be received and filed. The motion was seconded by Mr. Tatlhma~ and ttnanlmously adopted. BUDGET-CITY CLERK-CITY ATTOR/~EY-DIHECTOR OF FXNA~CE-C~TY EMPLOYEES: The committee appointed by Cok~ncil to study the Offices of City Clerk, City Attorney, Director of Finance, Hunicipal Auditor and Real Estate Assessor s~tb~[ttad a written re~ort relative to the Offices of City C[erk, City Attorney and Director of Finance. In reference to the City Clerk*s Office, the committee reconunended the employment of a Clerk-Stenographer III who will be an employee of the City Clerk*s Office but will be assigned to the Mayor*s Office, (2) that $10,000.00 be appropriated for a Magnetic Card II Typewriter, (3) that $650.00 be appropriated for telephone conversion and equipment needs, and (4) that the City Clerk be authorized to record committee meetings oa cassette tapes, that the tapes be filed for a period of twelve months and that actual n~nutes not be transcribed unless reql~ested by the committee, however, a brief synopsis of adopted motions will be furnished to each co~uuittee member. In reference to the Director of Finance and the City Attorney, the cor=nittee advised that due to the transition which will occur has requested that Mr. Kincanon and Mr. Gibson submit a report to the Council at a later date as to the status of their respective offices, along with equipment and personnel needs for the future. (For full text, see report as filed in the City Clerk*s Office.} M~. Thanes moved ~hat Council concu~ In ~he report. Tha l~otion was seconded by Nfo Ta,,t~ and ~usly adopted. ~. Th~s then offered ~e roll.lng ~e~g~c~ Ordin~ce app~opriating ~5,159.50 to Personal Se~lces, ~650.00 to Utilities ~ Co~lcations ~d ~10,000.( to Office Furniture ~ E~i~ent - Ne~, ~de~ Section [0102, 'Clerk,' of the 1976-77 budget: ([23315) ~ O~X~CE to ~end ~d ~eo~dain Section 10102, "Clerk,' of the 1976-77 Appropriation Ordin~ce, and providing for an ~rgency. (For iull text of Ordin~ce, see Ordin~ce ~ok ~. Th~s moved ~e adoption oE ~e Ordnance. The ~tion seconded byes. B~les and adopted by ~e roll.in9 vote; AYe; Co~cil m~ers Bo~les, Garl~d, Grove, H~ard, Ta~ Th~s and Hayor Taylor ............................ 7. HAYS= Hone ..............................0. ~. Th~s =oved that i2 be the policy of Co~cil that all meeting~ be ~intained on cassette tapes for a peri~ of twelve ~n~s and actual minutes not be transcribed ~less requested by the co~ittee to do so, however, a brief synopsis of adopted motions will be furnishe~ to each co~ittee m~er. The motion was seconded by Mr. Garland and ~ously adopted. DI~C~R OF FIN~CE= ~. H~ard, Chai~ of a c~ittee appointed by Co--oil to study ~e offices of city Clerk, City Attorney, Director of Finance, Municipal Auditor and Rea~ Estate Assessor, s~itted a ~itt~ report reco~ena~g ~at~. Jo~ H. Mitchell be appointed as Ac~ng D~rector of Finance effective Nov~er 1, 1976, until a pennant Director is appointe~. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard offered the following Resolution: (%23314) A ~SOLUTION ap~inting JO~ H. MI~ as Acting Director of Finance for ~e City of Roanoke to be effective Nov~er 1, 1976, ~til a pe~nent Director of Fin~ce is elected by ~e Co~cil an~ est~lishing his rate of pay for such se~ices. (For full text of Resolution, see Resolution Book No. ~. H~ard moved ~e adoption of ~e Resolution. The motion was seconded by ~. Garl~d and adopted by the foll~ing vote: AYES: Co~cil m~ers ~wles, Garbed, Grove, H~ard, Ta~, Th~as and ~yor Taylor ................................ NAYS: None ..................................0. T~S-~ ESTA~ ~SESSOR: Cocci1 having referred to a co~ittee c~posed of the City ~nager, Director of F~nance an4 City Attorney a pro,sa1 of ~e Real Estate Assessor t~ requir~ent of pa~t of certain fees by o~ers of real estate seeking special assessor of ~at real estate when used for certain agricultural purposes be el~inated, ~e c~ittee s~itted a written report rec~ending ~at the re~ir~ent r~in as est~lished. (For full text, see report as filed in the City Clerk's Office.) 1~o Hubardmoved Shat Council concu~ in ~hs report° The ~otion was seconded b~. Grove and ~usly adopted. ZONING-PO~ The City Atto~ney~ City ~nager ~d Deputy ~ager o~ City Pla~g s~ltted a writt~ re~rt in co~eution wi~ zoning re~lations and a City Charter ~en~ent relative to adult ~k stores ~d adult movie theatres in ~e city. (For full text, see re~rt as filed In ~e City Cle=k~s Office.) ~. Hubard moved that Co~cil concur in ~e re,rt. The ~tion was seconded by ~. Garlan~ and ~ously adopted. T~S~ The City Taxes C~ttee s~tted a writt~ re~rt reco~ending ~at the city rec~end to ~e General ~s~ly ~at it be grated au~ority to assess personal property on a pro rata basis duri~g ~e t~ year for pur~onal pro~rty taxes for that portion of the year ~e property Is o~ed, and that ~e January 1 basis for assessing personal property be retained. (For full text, see report as filed In the City Clerk's Office.} Mr. Hubard moved that Cocci1 concur in the re~ort. The motion was seconded by ~. Garland and ~an~ous~y adopted. CI~ ~Y~S: Hr. Ellis B. Ho~as, m~er of the Personnel Board, appeared befor~ Co~c~l and presented ~e proposed new gr~ev~ce procedure, retreading that the City Code be ~ended so as to delete the old ~d ~nstltute the new~ and that a Resolution be adopted indicating of the proposed new grlevanee procedure. (For full text, see report as file~ ~n ~e City Clerk*s Office.) ~. Ta~ moved that the City Attorney be inst~cted to prepare the 9roar measure a~rov~ng and ~l~ent~ng ~e new gr~ev~ce ~r~edure. ~e motion was ~econded by ~. H~ard and ~an~ously adopted. U~IN~S~D BUSI~SS: NONE. CONSIDE~TION OF C~= NONE. INTRODUCTION ~D CONSIDE~TION OF O~I~CES ~D ~SOL~ONS: ST~ETS ~ ~YS= Ordinance No. 23280 pe~n~tly ab~don~ng, vaca- t~g, discontinuing and closing an alley ~n the sou~east section of the city, appear~g on ~e ~p of c~diff Addition f~led in ~e Clerk*s O~f~ce of the Circuit Court ~or ~e City of ~anoke in Plat ~ook 1, Page 183, having previous- ~y be~ before Co~c~ for its f~rst reading, read ~d adopted on its first reading ~d 1eld over, was again before ~e b~y, ~. Garl~d offering foll~ing for ~ts second reading and final ado~tion: (%23280) ~ O~IN~CE pe~ently ab~don~ng, vacating, discont~uing ~d closing ~ alley in ~e sou~east sect~oD of ~e City of Roanoke, appearing on the~p of c~diff Addition filed in ~e Clerk's Office of ~e Circuit Court for the city of Ro~oke, V~rg~n~a, in Plat Book 1, page 183. (For full text of Ordin~ce~ see Ord~n~ce Book ~. Garland ~ved ~e adoption of ~e Ordinance. The ~tion was seconded byes. ~es ~d adopted by ~e fo11~in~ vote= AYES= Co~cll m~ers ~les, Garland~ Grove, H~ard, Ta~ ~yor Taylor ................................6. NAYS= None ...................... 0. (~. Tho~s not voting) '98 STREETS AHD ALLEYS: O~d[nance No. 23281 per~tnently, vacating, dis- continuing and closing the southerly portion of a 12-f~t ~lde alle~ l~lng bet~e~ ~d abutt~g ~ts 1 and 2, on ~e ~es~ ~d ~e~Jor ~hion of ~k 27 on the east, Ln ~ect~on 1, Stratford Court, City of ~oke~ said ~ts being designates respectively as tax n~ers 1250309, 1250308 and 1250319~ hav~ng previously ~ ~fore Co~c~1 for ~ts first reading, read ~d adopted on its first reading and la~d over, was again ~fore ~e ~y, ~. H~ard offering the following for its second rea~ing and final adoption= (~23281) ~ O~I~CE pe~ently vacating, discontinuing ~d closing ~e southerly portion oE a 12-f~t wide alley lying between ~d abutting ~ts 1 and 2, on the west~ and ~e ~jor portion of ~t 27, on the east, In Section 1~ Stratford Court, City of ~anoke, said ~ts being desl~ated respectively as tax n~ers 1250309~ 1250308 ~d 125031~. (For full text of Ordinance~ see Ordinance Book NO. ~. Hubard moved the adoption of ~e Ordin~ce. The motion was seconded by ~. Ta~an and adopted by the foll~ing vote: AYES: Cocci1 ~ers Bowles~ Garland, Grove, H~ard, Ta~n, Th~as and Hayor Taylor ..........................~. NAYS: None ............................0. ZONING-HOUSING-SLUM C~CE: Ordin~ce No. 23282 ~nently vacating, discontinuing and closing certain streets and alleys, and portions of certain streets and alleys, located wi~in or bordering upon Section 4, Gainsboro Nei~orh~ Develo~ent Progr~, all of ~.hich are ~re particularly described hereinafter, having previously been before Cocci1 for its first reading, read ~d adopted on its first reading and laid over, was again before ~e b~y, ~. Grove offering the following for its second reading and final adoption: (t23282} ~ O~I~CE pe~nently Vacating, discontinuing ~d closing certain streets and alleys, ~d portions of certain streets and alleys, located within or bordering upon Section 4, Gainsboro Neig~orh~ Development Progr~, all of which are more particularly described hereinafter. (For full text of Ordinance, see Ordin~ce Book No. ~. Grove moved the adoption of ~e Ordinance. The motion was seconded by ~. H~ard and adopted by the foll~ing vote: AYES: Co~cll m~ers Bowles, Garl~d, Grove~ Hubard~ Ta~ Th~as ~d ~yor Taylor ................................. ~. NAYS= None ...................................0. ZONING: Ordinance No. 23283 rezoning all ~at certain tract of l~d conta~ing 15 acres, more or less, comprising ~e easterly portion of Section 4, Galns~ro Neig~orh~ ~velopment Progr~, from C-4, Central Business District Exp~sion ~ea, to ~, Light ~nufact~ing District, having previously been before Co~cil for its first reading, read and adopted on its first reading ~d laid over, was again before ~e b~y, ~. H~ard offering ~e foll~in~ for its second reading and f~al adoption: (%23283) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke~ 1956; as amended, and Sheet No. 202, Sec- tional 1966 Zone Map, City of Roanoke, in relation to Zoning. {For full text of Ordinance, see Ordinance Book No. Mr. Hubardmoved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES= Council m~m~rs Bowles, Garland= Thomas and Mayor Taylor ............................... 7. NAYS= None .................................0. ZONING~ ordinance No. 23284 rezoning property lo~ated on the westerly side of Peters Creek Road, (Virginia Route No. 117) opposite Appleton Drive, as more fully described in a metes and bounds description, from RG-I~ General Residential District, to C-2~ General Con~erclal District, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Eubard offering the following for its second reading and final adoption= (t23284) 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. 612, Sectional 1966 Zone Map, City Of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Rook No. ~ir. Hubard moved the adoption of the Ordinance. The motion was secende~ by ~. Taub~a~ an~ adogted by the following vote= AYES: Council members ~owles, Garland, Grove, Hubard, Taubman and Mayor Taylor ........................................... 6. NAYS= None ..................................0. (Mr. Thomas not voting) ZONING= Ordinance NO. 23285 rezoning certain property located in the Williamso~ Grove subdivision of the city, from RD, Duplex Residential District, and IDM, Industrial Development District, to LH, Light Manufacturing District, having previously been before Cot~o[1 for its first reading~ read and adopted on its first reading and laid over, was again before the body, Mr. Hubard offer- ing the following for its second reading and final adoption= (123285) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 308, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance ~ook NO. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Tau~nam and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Hayer Taylor .......................... ~--?. NAYS: None .............................. 0. STREET NAMES: Ordinance No. 23286 designating and fixing the names to certain streets located in all four quadrants of the City of Roanoke, having prevlously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Grove offering the following for ~ts second reading and final adoption= ¸@9 lO0 ($23286) AN ORDI~CE designating and £1x~ng the n~=es to certain streets located in all four quadrants of the olby. (For full text o£ ordinance, see Ordinance Book No. Hr. Grove moved the adoption of ~he Ordinance. The mo2ion was seconded by ~Lr. Nubard and adopted by ~he follo~ing vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Hayor Taylor ................................ NAYS: None ..................................0. ZONING: Ordinance No. 23287 adopting the Official 1976 Zoning Hap, City of Roanoke, Virginia, dated October 11, 1976, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Hubard offering the following for its second reading and final adoption: (%23287) AN ORDINANCE to amend and reordain (a) the first paragraph of Sec. 3., Chapter 4.1. Zoning., Title XV of the Code of the City of Roanoke, 1956, as amended, relating to the Official Zoning H~p of the City of Roanoke; (b} the second paragraph of Sec. 3., Chapter 4.1. Zoning., Title XV of the aforesaid COde requiring certain copies of the Official Zoning Hap to be made, maintained and kept in certain offices of the City and making such maps and records of Ordinances relating to zoning flnal authority as to the classifica- tion of properties in the City~ and (c) reordaining provisions contained in See. 3., Chapter 4.1. zoning., Title XV of the aforesaid Code relating to replacement and revision of the official zone map so as to make reference to the 'Official 1976 Zoning Map, City of Roanoke, Virginia', dated October 11, 1976, instead of the 'Offlclal 1966 Zoning Map, City of Roanoke', dated August 29, 1966. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowies, Garland, Grove, H~bard, Taubman, Thomas and Hayer Taylor ............................... 7. NAYS: Noee .................................0. INDUSTRIES: Council having previously reappointed Mr. Robert H. Turner as a member of the Industrial Development Authority for a term of four years ending October 20, 1980, ~r. Hubard offered the following Resolution: (S23316} A RESOLUTION appointing a director of the Industrial Develop- ment Authority of the City of Roanoke, Virginia, to fill a four-year term on its board of directors. (For full text of Resolution, see Resolution Bock No. Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Mr. Ta~bman and adopted by the followL~g vote: AYES: Cou/%cll me~lbers Bowles, Garland, Grove, Hubard, Taub~an, Thomas and Hayer Taylor .............................. 7. NAYS: None ................................ P~ ~ PLAYGROUNDS-CELEBRATIONS: Council having previously agreed ~n its financial and planning session on October 18, 1976, that Saturday, October 30, 1976, will be observed as the o~ficial date for Halloween this year, Mr. Thc~as offered the following Resolution: (J23317) A RESOLUTION deeignat~ng Saturday, October 30, 1976, as the official date for the 1976 observance of Halloween in the City. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council ~m~rs BoWles, Garland~ Grove~ Hubard, Ta-h~, Thomas and Hayer Taylor .............................. 7. NAYSz None ................................0. BUDGET-ELECTIONS-CITY MANAGER-SCHOOLS: Council at its financial and planning session on Monday, October 18, 1976, having agreed to appropriate certain funds to the Electoral Board, the City Manager and the Roanoke City Schools and having also instructed the City Attorney to prepare the proper measure~ he presented same~ whereupon, Mr. Hubard offered the following emergency Ordinance: (%23318} AR ORDINANCE to ~mend and reordaln certain sections of the 1976-77 Appropriation Ordinance, and providing ~or an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was secondedi by Hr. Taubma~ and adopted by the followlng vote: AYES: Council members Bowles, Garland, Grove, Hubard, Tauhman, Thomas and Mayor Taylor .............................. 7. NAYS= None ................................0. BUDGET-AIRPORT: Council at its financial and plar~ning session on Monday, October 18, 1976, having agreed to transfer certain funds from the Motor Fuel for Resale to Franchise Tax and Fuel Farm Operation u~der Section %2020, =Fuel Concession,' of the 1976-?? budget and also having instructed the City Attorney to prepare the proper measure, he presented same; whereupon, Hr. Taubman offfered the following emergency Ordinance= (S23319) AN ORDINANCE to amend and reordaln Section S2020, #Fuel Concession,= of the 1976-?? Airport Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Taubmen moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES= Councll members Bowles~ Garland, Grove, Hubard, Taubman, Thc~as and Mayor Taylor ...... S_ ....................... 7. NAYS: None ................................. 0. BUDGET-PARKS AND PLAYGROUNDS: Council at its financial and planning session on Monday, October 18, 1976, having agreed to transfer certain funds from the Garden City Toilet Facility, the Bobcat Pen and the Riverland Park Improvements to Fallen Park Baseball Lighting end also having instructed the City Attorney to prepare the proper measure, he presented same~ whereupon, Mr. Hubard offered the followlng emergency Ordinance: 101 102 (123320) AH ORDINANCE tO a~ead and reogdain Section 180000~ fe~s W~ C.I.P. F~d~" o~ ~e 1976-77 Appropriat~on Ord~ce~ ~d prov~ding for an ~rge~cy. {For full text o[ Ord~ce~ see Ordinate ~ok No. ~. H~ard ~ved ~e adoption of ~e ord~ce. ~e ~t~on was seconded by ~. Ta~ and adopted by ~e foll~[ng vote~ AY~ Co~c~l ~Bers B~les~ Garl~d~ Grove, H~ard, ~s and~yor Taylor ................................ 7. NAYS= None ................................... 0. AI~ORT= Cocci1 at its fin~cial and pla~ing session on Monday, ~tober 18, 1976, having agreed to t~pora~ operation of ~e fuel fam at airport on a day-to-day basis ~til Dec--er 1, 1976, and having directed the City Attorney to prepare ~e proper measure~ he presented s~e~ whereupon~ Tarn offered the roll.lng Resolution= (~23321) A ~SOL~ION authoriz~ng ~d d~recting the C~ty~s t~ra~ operation of the fuel fa~at Roanoke M~lcipal Airport, W~Field, on a day-to-day bas~s ~til ~c~er 1, 1976. (For full text of Resolution, See Resolution ~ok No. ~. TeXan moved the adoption of thu Resolution. The motion was seconded bye. Hubard and adopted by the following vote: AYES: Co~cil me.ers ~wles, Garland, Grove, Hubard~ Ta~ ~d Mayor Taylor ................................... NAYS: None ..............................0. p~ ~ P~YGRO~DS= Cocci1 at its fin~cial and planing on Honday, ~tober 18, 1976, having approved the ~ssu~ce of Ch~ge Order No. 2 to the contract with Davis H. Elliott Co. any for the Fallon Park Baseball Light~ng and having instructed ~e City Attorney to prepare ~e proper measure, presented s~e~ whereupon, ~. H~ard offered ~e following Resolution: (%23322) A ~S0L~ION approving ~e City ~ager*s ~ssu~ce of Ch~ge Order No. 2 in connection with ~e City's contract wi~ Davis H. Elliott Company. for the Fallon Park baseball di~ond*s const~ctlon ~d l~ghting, heretofore au~orized by Ordin~ce No. 22991, so as to provide for additional necessa~ work to be done in connection with installation of poles for ~e lighting the aforesaid baseball di~ond, at an additional cost to ~e city of $I,375.00. (For full text of Resolution, see Resolut~on Book No. ~. Hubard moved ~e adoption of ~e Resolution. ~e motion was seconded bye. Ta~ and a~opted by ~e following vote: A~S= Co~cll me--rs Bowles, Garl~d, Grove~ H~ard, Ta~, Tho~s ~yor Taylor ................................... NAYS= None ............................. 0. CI~ ~ES~I~ A~Y= C0~cil having previously ~nst~cted the city Atto~ey to prepare ~e proper measure ch~g~g ~e ~s~t~on of City Atto~ey from~classified to ~ge 38 in ~e Pay Plan, he presented whereu~n~ ~. H~ard offered the foll~ing ~rg~ Ordin~ce: {%23323) ~ 0~IN~CE to ~end Ord~ce No. 22330~ providing a Syst~ of Pay ~tes and ~ges for the ~lo~ees of ~e City of ~oke, by adding to Schedule 2, on Page 3 of the Pay Plan, a new code position for City Attorney, thereby deleting said position from the unclassified positions set out in Ordinance No. 22129; providing the range applicable to said new position and to the incumbent city attorney! and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. · ~:o Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Teu~-~n and adopted by the following vote: AYES= COUnCil ~mhers Bowles~ Garland~ Grove~ Hubard, Tau~nan~ Thomas and ~ayor Taylor ............................... NAYS= None .................................0. CITY EMPLOYEES-DIRECTOR OF FINANCE= Council having directed the City Attorney to prepare the proper measure changing the pay range for the Director of Finance from ~ange 37 to Range 38, he presented same; whereupon, Huhard offered the following emergency Ordinance: (%23324} AN ORDINANCE to amend Ordinance No. 22330, providing a Syste~nof Pay Rates and Ranges for the employees of the City o£ Roanoke~ by cha~ging the pay range of the Director o£ Finance as set out on page 2 Of Schedule 2 of the Pay Plan~ and providing for an ~mergency. (For full text of Ordinance, see Ordinance Book No. ~r. Hubard moved the adoption of the Ordinance. The motion was seconded hy Mr. Tau~aan and adopted by the following vote: AYES= Co~t~cil me~bers Garland, Grove, Hubard, Taubman, Yhomas and ~ayor Taylor .................................... 6. NAYS= Council member Bowles ..........1. CITY EMPLOYEES: Mr. Grove offered the following emergency Ordinance removing the position of City Attorney from the unclassifled service to the classified service of the city: (%23325) AN ORDINANCE a~endlng a~d reordaining Sec. ?. Unclassified service., of Chapter 13. Personnel, o£ Title II. Administration, of the Code of the City of Roanoke, 1956, as a~ended~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Ta~bman and adopted by the following vote: AYES: Council m~mbers Bowles, Garla~d~ Grove, H~.ard, Tauhman~ Thomas and Mayor Taylor .............................. NAYS= None ................................ LEGISLATION= Mr. Thomas presented a co~unlcation advising that at the Leglslative Meeting of the Cothncll acting as a Committee of the Whole on Monda October 11, 1~76, the Co,mci1 decided to adopt a measure providing a multiple approach (payroll tax, a one per cent surcharge on state income tax and an additional one per cent sales tax) for the Ganersl Asse~lbly to consider in pro- riding additional revenue to the localities, that he voiced objection to this approach as he felt it was controversial, emotional and clouded the real issue of using the sales tax as the vehicle for raising the necessary revenue and this approach would also provide the General Asse~mbly with a 1ogles1 reason 103 104 to avoid action u~on t~e request at thee'session of t~o legislatu~e, t~at appears the multiple approach will merely serve to foster iii-will ~d cloud ~e ~ln lssun and therefore, he has re~ested ~e Clt~ ttto~e~ to ~ alte~ate ~esolution ~ec~ding the sales t~ as ~e sole vehicle Eot con- sideration b~ the Genezal ~For full text, see c~lcation as filed In ~e Clt~ Clerk's Office.~ ~. Ta~ concurred ~ ~e r~rks of ~. Th~s and offered following Resolution relative to ~ addit~onal one per cent sales t~ on retail sales within the C~nwealth to be returne~ to ~e several localities wher~ collected ~d to be used as g~eral f~d revenues of s~ch (~23326} A ~SO~TION pet~t~on~g the General Ass~ly of Vlrg~ia to enact legislation during the 19~ Session to ~se an additional 1% sales tax on retail sales wi~n the C~nwealth~ to be retu~ed to the several localit~es where collected and to be used as general f~d revenues of such localities. (For full text of Resolutlon, see Resolution ~ok No. ~r. Ta~an moved the adoption of the Resolution. The ~tion was seconded by ~. H~ard and adopted by the following vote= AYES: Cocci1 me.ers ~wles, Garland, Grove, H~ard, Ta~ Th~s ~d ~ayor Taylor ................................... NAYS= None .............................. LEGIZ~TION-WATER DEP~T: Cocci1 at its ~gislative Meeting acting as a Co~ittee of the ~ole on ~tober 11, 19~6, having requeste~ C~ty Attorney to ~re~ar~ a measure o~os~ng ~eg~slat~on which would en~le the State Water Control ~ard or other ag~cy to control an~ regulate the use of surface waters of the State, irrespective of exist~g rights in certain of such s~face waters~ he presented s~e~ whereupon~ ~. following Resolution: ($2332~) A ~SOL~ION urging ~e City's representatives in 19~ Session of ~e General Ass~ly to vigorously oppose legislation which would enable the State Water Control Board or other ag~ to control regulate the use of surface waters of ~e State, irrespectiv~ of ~xisting rights in certain of such surface waters. (For full text of Resolution, see ~esolut~on ~ok No. ~. H~ard ~ved the adoption of ~e Resolutlon. The motion was seconded By ~. T~n and adopted by ~e roll.lng vote: AYES: Co~c~l m~rs Bowles, Garl~d, Grove, H~ard, Ta~, ~s ~d Mayor Taylor ............................... ~YS: None ................................. LEGIS~TION-S~ ~ S~ D~INS-WA~R DEP~T: Co~c[1 at ~ts Legislative Meeting acting as a C~tt~ of ~e ~ole having ~nst~cted ~e City Attorney to prep~e the proger measure urging the city's representatives ~e G~eral Ass~ly to re-intr~uce and vigorously support House Bi~l 900, he presented s~e; whereupon, ~. H~ard offered ~e roll.lng Resolution: (~23328) A I~SO~JTXON urging t~e City's representatives in the 1977 Session of the General Assembly to re-Introduce and vigorously sup~tt ~o~se ~hich have ~exe& :ett~o~ of a cowry se~e~ by an au~o:~y c~eate& ~o the Virginia Se~et ~d ~ate~ Au~o~l~lee Ac~ to acquits the l~nes and facilities o~ such au~ority on a fair ~d e~lt~le basis. (For full text of Resolution~ see ~solution ~k No. ~. H~ard moved ~e adoption of ~e Resolutfon. The~tion was seconded by ~. Th~s and adopted by ~e foll~lng ~te~ AYe= Co.cfi m~rs ~wles, Garl~d, Grove, H~ard, Ta~, Th~s ~d ~yor Taylor ................................ NAYS= None ..................................0. ~GIS~TION-T~S~ Co~c~l at ~ts Legislative Meeting acting as a C~fttee of the ~ole on ~to~r 11~ 1976, having inst~cted the City Attorney to prepare a measure op~sing any legislation before the 1977 Session of General Ass~ly which would require local gove~ents to reduce or roll-back any tax presently ~posed, levied, assessed and collected wi~fn such localities, he presented s~e~ whereupon, ~. Tarn offered the following Resolut~on~ (%23329) A ~SO~TION urging the City's representatives fn the ~eral Ass~ly to vigorously oppose ~y legislation before the 19~ Session which woul~ require 1~al gover~ts of the Co~onweal~ to reduce or roll- back ~y tax presently ~posed, levfe~ assessed and collected wi~in such localities. (For full text of Resolution, see Resolution Book No. ~. Ta~n moved ~e adoption of the Resolution. The motion was seconde~ by Mr. Th~s ~d adopte~ by ~e following vote: AYES: Co~cil m~ers Bowles~ Garl~ Grove~ H~ard, Ta~m~ Th~s an~yor Taylor .............................. NAYS: None ................................0. LEGIS~TION-Cf~ ~Y~S-SCH~: Co~cil at its Legislative Meet~g a:tfng as a Co--tree of the ~ole o~ October ~1, 19T6, having instructed the CftyAttorney to prepare a ~asure urging city representatives fn the G~eral Ass~ly to support and seek ena=~ent of legislation which would prohibit gove~tal ~fts of ~e C~onweal~, or offfuers or agents thereof, from rec~nfzfng, negotiating or bargafnfng with any ~abor ~fon or frs agents as a representative of p~lic employees concerning~tters relating to such ~loyees or their ~plo~ent or service~ he pres~ted s~e~ whereu~n, Grove offerea the roll.lng Resolution: (123330} A ~SO~TION urging ~e City's representatives 1977 Session of ~e G~eral Ass~ly to support ~ seek enac~ent of legislation which would prohibit gover~enta~ ~its of ~e C~onweal~, or any officer or agent thereof, from reco~izing, negotiating or bargaining with ~y labor ~lon or its agars as a representative of p~lic ~ployees conceding ~tters relating to such employees or their ~plo~ent or semite. {For full text of ~solution, see Resolution ~ok No. 105 106 ,Hr. Grove moved the adoption of the Resolution, The motion wss seconded by Hr, Hubard and adopted by the following vote: AYES~ Cot.ulcll ~m~ers Bo~lesw Garland, Grove~ Hubardw Thomas and Mayor Taylor ........................... 7. NAYS~ None .............................0. LEGISLATION-TAXES: Council at ~ts Legislative Meeting acting as a Committee Of the Whole on October II, 1976, having instructed the City Attorney to prepare the proper measure urging the city's representatives i~ the General Assembly to introduce and support legislation which would unable the counties of the Commonwealth to ~mpose a tax upon the sale of cigarettes within said counties, he presented same~ whereupon~ Hr. Hubard offered the following Rasolutio~ (%23331) A RESOLUTION urging the City's representatives in the 1977 Session of the General Assembly to introduce and support legislation which would enable the counties of the Commonwealth to impose a tax upon the sale of cigarettes within said cott~ties. (For full text of Resolution, see Resolution Book No. Hr. Hubard moved the adoption of the Resolution, The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove~ Hubard~ Taubman~ Thomas and Mayor Taylor .............................. ?. NAYS= ~one ................................0. I~GISLATION-TAXES: Councll at its Legislative Meeting acting as a Co~ittee of the Whole on Monday, October ll, 1976, having directed the city Attorney to prepare the proper measure urging introduction and support by the city's representatives in the General Assembly of legislation to a~end and reenact §58-33.2 of the 1950 Code of Virginia relating to the collection and publication of property tax data, he presented same~ whereupon, Hr. Thomas offered the following Resolution: (%23332) A RESOLUTION urging the introduction and support by the City's representatives in the 19~7 General Assembly of legislation to a~end and reenact ~58-33.2 of the 1950 Code of Virginia, as amended, relatlng to the collectlon and publication of property tax data. (For full text of Resolution~ see Resolution Book No. Hr. Thc~aas moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council me~lbers Bowles, Garland, Grove~ Hubard, Taubma~, Thomas and Mayor Taylor ............................... NAYS: None ................................ 0. TAXES-COMMISSIONeR OF REVENUE: Council at its financial and plannlng session on October 18, 1976, having directed the City Attorney to prepare the proper measure relatlng to the assessment Of motor vehicles for local tangible persona! property taxat~on~ recommending that the Commissioner of Revenue ~mploy, as a guidelineor measure to be used in arriving at the value of which motor vehicles are assessed as tangible personal property for the purpose of annual taxation, the then published and generally accepted average wholesale value of the make, model and type of vehicle than In the process of assessment, he presented same! whereupon, Hr. Garland offered the following Kesolution: (~23333) A R~SOL~TION relating to the assessment of motor vehicles for local tangible personal property taxation. (For full text of Resolution, see Resolution Book No. Hr. Garland moved the adoption o£ the Resolution. The motion was seconded by Hr. Ta-~,*~ and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................... ?. NAYS: None ...............................0. CHARTER-COUNCIL-CITY ATTORNEY-TAXES-ZONING: Hr. Hubard offered the following Resolution proposing certain amendments Of the Roanoke Charter of 1952, as amended, relat£ve to (1) compensation of the Hayor, ¥1ce-Hayor and Councilmen, (2) city Attorney, (3) license taxes, and (4) zoning= (i23334) A RESOLUTION proposing certain amendments o£ the Roanoke Charter of 1952, as amended~ and providing for a public hearing to be held upon such proposals. (For full text of Resolution, see Resolution Book No. Mr. Rubard moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard~ Tauuman and Hayor Taylor .................................. 6. NAYS: None .............................0. (Hr. Thomas was out of the Council Chamber) Hr. Hubard moved that Council hold a publlc hearing on the Charter amendments at 7:30 p.m., Honday, November 8, 1976. The motion was seconded by Hr. Garland and adopted. HOTIONS AND MISCELLANEOUS BUSINESS: DIRECTOR OF FINANCE-TREASURER-COMMISSIORER OF ~UE: Hr. Hubard presented a communication reconn~ending that Council formally state its intention in the event Of a favorable vote given on the referendum for consolidation of the three principal financial offices of the city, not to d/sm/ss any of the employees in either of the two constitutional offices, but effect any personnel savings through attrition. (For full text, see communication as filed in the City Clerk's Office.) Hr. Hubard moved that the communication be referred to the City Attorney for preparation of the proper measure at the next regular meeting of Counc£1 on Honday, November 1, 1976. The motion was seconded by Hr. Taubman and unan/mously adopted. COUNCIL: Hr. Taubman moved that Council meet in Executive Session to consider and discuss the possible acquisition of certain real estate for use for a publlc purpose of the city or real estate presently belonglng to the city as is permitted by subsection (2) of section 2.1-344 of the Code of Virginia. The motion was seconded by Hr. Hubard and adopted by the followlng vote: 107 108 Thomas and Hayor Taylor ............................ 7. HA¥S~ None ..............................Oo YOUTH COHMIHSlON~ The Hayor advised that there is a vacancy on the Youth Commission created by the resignation of Hr. Reginald E. Davis for a two year term ending April 30, 1978, and called for nominations to fill the vac~/lcy. Hr. Hubard placed in nomination the name of Ms. Geneva S. Hale. of the Youth Com~lssion for a two year term ending April 30, 1978~ by the following vote~ Thc~as and Mayor Taylor ............................. 7. Highway Safety Co=mission Created by the resignation of Hrs. Alice P. Tics for a term ending October 31, 1978, and called for nominations to fill the Mr. Thomas placed in nomination the name of Hr. Charles R. Wooten. of the Roanoke Highway Safety Commission for a term ending October 31, 1978, by the following Vote: It was noted that Hr. Wooten is not a city of Roanoke resident. pLANNING: The Mayor advised that there is a vacancy on the City lng December 31, 1976, and called for nominations to fill the vacancy. member of the City Planning Commission for a term ending December 31, 1976, by Taubman, Thomas and Mayor Taylor ............................. ?. qualified as a member of the Board of Fire Appeals for a term of four years ending June 30, 1980. was seconded by Mr. Grove and unanimously adopted. The Mayor declared a brief recess in order that Council might meet At 6=10 p.m., the meeting reconvened with all members of Council !] m m CITY EMPLOYEESz Councilman Thomas advised that one o£ the matters discussed in Executive Session was the proposed employee questionnaire and moved that the City Manager be authorized [1) to consider that the Council has reviewed and approved the questionnaire, (2) to disseminate same to the employees of the city at such date as he deems earliest and advisable, and (3} when the questionnaire has been distributed, he Is requested to advise the Council accordingly. The motion was seconded by Mr. Taubman and unanimously adopted. WATER DEpARTHENT= In referel~ce to the ~xecutive Session on a real estate matter, Hr. Th0~as advised that some time ago the Water Resources Co~u~lttee with the concurrence of Councilw instructed the City Attorney to proceed to start condemnation proceedings on a certain site In the Back Creek area, that this has been done and offered the following emergency Ordinance= (123335) AN ORDINANCE directing and providing for the acquisition in fee simple of certain land wanted and needed by the city for the purpose of providing an adequate water supply for the city, and development of a water reservoir and pumping station in the Back Creek watershed in the County of Roanoke~ fixing the con~lderaticn to be offered to b~ paid by the city for said land, and other terms and provisions of such acquisition~ providing for the eityes acquisition of said parcel of land by condemnation; and providing for an emergency. {For full text of Ordinance, see Ordinance Book NO. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES= Council m~bers Bowles, Garland, Grove, ttubard, Taubman, Tho~uas and Mayor Taylor .............................. NAYS: None ................................ There being no further business, the Mayor declared the meeting adjourned. APPROVED ATTES?: City Clerk Mayor 109 110 COUHCI~, REGULAR HSEI'Z~G~. Honaay, November 1~ 1976. The Council of L.~e City o£ Roanoke =e~ in regular meeting in the Council chamber in the Municipal BulldJ-ng, City of Roanoke~ on Honday~ November 1, 1976, at 2 p.m.~ the regular meeting hour, with Hayor Noel C. Taylor presiding. pRESENT= Council mei~bers Elizabeth T. Bowles~ Robert A. Garland, Lucian Y. Grove, Wlllia~ S. Nubard, Nicholas F. Ta~,~n, Hampton W. Thomas and Mayor Noel C. Taylor ............................... 7. ABSElqT = None ................................ 0. OFFICERS PRESENT= Mr. Byron E. Hansr, City Manager~ Mr. Sam H. McGhee~ III, Assistant City Manager~ Mr. James E. Buchholtzw A~sista~t City Attorneyl ~Lr. Charles R. Allen, Assistant City Attorney; Mr. Joh~ N. Mitchell, Acting Director of Finance~ and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by Mayor Noel C. Taylor. H~/~RING OF CITIZENS UPON PUBLIC MATTERS: COUNCIL= Pursuant to notice of advertisement for bids for providing and installing a complete microphone and multiple electronic distribution system, recording equipment and sound reinforcement system in the City Council Chamber, said proposals to be received by the City Clerk until 1:30 p.m., Monday, November 1, 1976, and to be opened before Council at 2 p.m., on that date, the Mayor 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 bidsl whereupon, the City Clerk opened and read the one bid received from Lee Hartman & Sons, Incorporated, in the amount of $13,851.50. Mr. Thca~as moved that the bid be referred to a co~ittee to be appointed by the Mayor for study, report and recommendation to Council. The motion was seconded by Mr. H~bard and culani~ously adopted. The Mayor appointed Messrs. Sam H. McGhee, III, Chairman, William G. Kuthy and B. B. Thompson as members of the co~=nittee. PAY pLAN: pcucsuant to notice of advertise~nent for bids for proposals for a job ¢lassificatlon and wage study using the point evaluation method to determine the changes needed of the cityts classified and ttnclassified employees classlfication and wage plan, said proposals to be received by the City Clerk until 1=30 p.m., Monday, November l, 1976, a/Id to be opened before Coualcil at 2:00 p.m., the Mayor asked if anyone had any questions about the ad- vertisement for bids~ whereupon, the City Clerk advised that she had beeul contacte~ by a bidder who contends that he sent his bid from Chicago, Illinois, on Thursday, October 28, 1976, by airmail special dellvery, that as of that time the actual bid had not been received, however, a telegram from the company was received at 1:50 p.m., on that date. The City Clerk then requested clarification from the Council as to whether or not the telegram should be opened and considered as a bid. Af~e~ being advised by the Asslstant Clty AttorneyMr. Buchholtz that the Council could open the telegram and refer It along with the actual bid after receipt to a committee to detez~Lne If thc bid Is In accordance wlthbldding documents, Kc. Hubardmoved that the Cl%y Clerk be authorized to open the telegram. Then orlon was seconded by H~. Garland and unanimously adopted. The City Clerh then opened and read a telegra~ frC~Albert l~aond and Assoctates~ Incorporated, in the amount of $23,386.00. Mr. Hubard~oved that the co,mitten to be appointed by the Mayor to tabulate the bids be authorized to consider the actual bid of Albert Ramond and Associates, Incorporated~ if it Is received prior to noon, Wechnesday, November 3, 1976, and if it is postmarked on or before October 28, 1976. The motion was seconded by Mr. Grove and unanimously adopted. The City Clerk also called atte/%tiun to another hid, advising that the envelope was not correctly marked to Indicate that a bid was enclosed, that it was received in the City Manager's office and was inadvertently opened and requested clarification fro~ the Council es to whether the bid should be read and considered. Mr. Garland moved that the bid be considered. The motion was seconded by Mr. Taubman and th~animously adopted. The City Clerk th~ opened and read the following bids which were received prior to the 1:30 p.m., deadline for receipt of same: Municipal Advisors, Incorporated $ 19,871.00 The Jacobs Company 23,330.00 Industrial Relations Associates 24,$00.00 Yarger & Associates, Incorporated 24,880.00 Haskins & Sells 28,000.00 (Faired Comparison} 38,000.00 (Point Factor Approach} Southeastern Employers Service Corporation 39,000.00 Mr. Thomas moved that the bids be referred to a comm/ttee to be appoin- ted by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Hubard and unanimously adopted. The Mayor appointed Messrs. Sam H. McGhee, III, Chairman, Fred Weaver and Ellis Holmes as men,ers of the committee. PETITIONS AND CO~UNICAT[ON$: BUDGET-SCHOOLS: A c~unication from the ~oanoke City S¢hool Hoard requesting a transfer of ftt~ds within accounts designated for the thirty-month capital improvement ~lan, was be[ore Council. (For full text, see communication as filed in the City Clerk's Office.} Mr. Ta~bma~ offered the following e~ergency ordinance appropriating $8,000.00 to Garden City, decreasing Monterey by $54,000.08, decreasing Westslde by $188,480.00 and appropriating $233,480.00 to Fairview u~der 'Schools,' Of the 1976-77 budget= (%25336) AN ORDINANCE to a~end and reordain #Schools,' of the 1976- 7? Appropriation Ordimance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 111 1'12 Hr. ?av~.-~n moved the adoption of the Ordinance° ~he motion was seconded by Hr. Hubard and adopted by the following voto~ AY~S= Council me=beta Bo~les, Garland~ Grova~ Nubard, Taulman~ Thc~as and Hayor Taylor ........................... 7. NA¥Sz Hone .............................0o TAXES-LICENSES= A cc~maunlcation from Mr. Thomas C. Defter, ~r., CPA, Floyd and Kelley, requesting further consideration of the request of Corporation that the penalty for failure to file a personal property tax return by March 1 and failure to pay the tax by Hay 5 be waived due to certain stated circumstances, was before Council. (For full text, see cc~nunieation as filed in the City clerkts office.) Hr. Taubman advised that the Council previously took a stand on this matter and moved that the co~aunication be received and filed and that a copy thereof be referred to the Commissioner of Revenue for any additional co~nents he might care to make. The motion was seconded by Mr. Grove and unanimously adopted. U. S. S. ROANOKE: The Mayor and Vice-Mayor presented brief state~ents in reference to their trip to Long Beach, California, on October 30, 1976, for the ¢=~issioning of the U. S. S. Roanoke. STREETS AND ALLEYS: An applicatlon from Mr. Ja~ss H. Turner~ Jr., Attorney, representing Wometco Coca-Cola ~ottling Company of Roanoke~ ~ncorporated, requesting that certain portions of three alleyways located to the east of Moo~man Road between Loudon Avenue, N. W., and Centre Avenue~ N. W.~ be vacated, discontinued and closed, was before Council. (For full text, see application as filed in the City Clerk's Office.) Mr. Thomas offered the following Resolution appointing viewers in connection with the request= RESOLUTION providing for the appointment of five freeholders,fl any three of whom may act, as vle~ers in connectio~ ~ith the ~ppllcation of ~o~et¢o Coca-Cola ~ettling Company of Roa.~o~e~ Inoo~ to disoo~tinue a~d close certain portions o~ three alleyways located ~o the east of ~oo~tn Ro~d between beudon A~enue, ~. ~, and Ce..~tre Avenue, ~o ~o; and referring the proposal to t-he City ~la:rming Co~£ssion £or study and re¢o~'~endatio~o (~or full tex~ of Resolution, see ~esoletlon ~oo~ HO. Hro ~ho~a.s moved the adoption o£ the ~esolutio~o ~he ~otio~ ~as seconded by Mr. ~ubard a-~d adopted by the £ollowi~q vote: A¥~S~ Counoil mem.ber~ ~::~les, Garl~.nd, Grove, Ru.bard, · homas and Ma¥o~ ~aylo~ ............................. NAYS: Hone ...............................0o Hr. Thomas moved that the request be referred to the City Planning Co~ission for study, report and recommendation to Council. The motion was seconded by Mr. H~bard and unanimously adopted. REPORTS OF OFFICERS: BUSESr As previously requested by the Couflcll, the Clt~ ~anager sub- mitred a mitten report ~ co~ection ~t~ the ~8sibllities of const~ctinq a tu~aro~d ~or Greater ~oke ~ansit C~y buses wl~in the existin~ p~lic right of vay on Av~ Avenue, S. W., betveen S~rset Street ~d ~e Fr~kl~ Road lnterch~e, advisin9 ~at ~e const~ction is not ~ec~nded for certain reasons. (For fu~ t~t~ see re~rt as f~le~ ~n ~e C~ty C~rk~s Off~=e.} The ~yor ~e reference to telephone ca~s fr~s. ~ng Br~nkley ~ ~s. ~o~er obJe=t~ng to ~y =h~ge ~n ~e bus =oute to ~s area, of ~erset Street, Clydesdale ~a~ ~ Al~en~a~e Street, appeare~ before thu Cocci1 an~ request~ that he be al~e~ to ~ls=uss ~e re~rt o~ th~ City ~ag~r wi~ his clients to see if ~y c~ com~ u~ with another a~ternative and that he ~ a~l~ to also ~suuss the ~tt~r w~ ~ Boar~ of Directors of Greater ~ok~ Tr~sit C~pany at ~ts meeting on Mon~ay~ Nov~er 1~, 19~6. ~. Tarn suggested that ~e C~ty ~nager consider the folkwang ~ree possibilities= (1) go a~l the way aro~ S~erset Street ~ c~e out Clydesdale Roa~ to Avenh~ Avenue, (2} turn left off Avenh~ Av~nu~ in the s~e ~nner as is presently being ~one, take the f~rst left at All~n~ale Street, not go up A~en~a~e Street but s~o~ a~d back out onto S~rset Street an~ come straight bauk to Avenh~ Avenu9 in ~ s~e ~er that ~e bus c~ in from Avenh~, (3} continue up S~erset Street to Peak~ Drive where there is a wid~ ~tr~ce into Somerset Street, ~ke a U-turn w~out backing out an~ come back do~ Somerset Street to Avenh~Av~nue. ~. Garlan~ move~ that the report of ~e C~ty Manager be referred to th~ Boar~ of Directors of Greater Ro~oke Tr~slt Comply at its meeting on Monday, Nov~er 1~, 19~6, for consideration. The motio~ was ~econ~e~ by ~. Ta~n an~ ~an~ously adopted. B~E~PUBLIC ~= The C~ty ~nager s~tte~ a written re~rt requesting additional f~ds ~n ~e ~o~t of $~,~0~.00 for ~rotective SedUces for ~ults in ~e H~ SedUces ~par~ent budget. (For full text, see report as filed in ~e C~ty C~rk~ Office.} ~. Tho~s offered ~e foll~ng ~ergency Ord~n~ce apgroprlatlng $3,700.00 to Protective SedUces for ~ults ~er Section %1540, 'T~tle ~, Ser- vices,' of ~e 19~6-7~ budget= (%23338) ~ O~I~CE to ~ an~ reorda~n Se=tion %1540, 'Tit~e ~, Services,' of the 19~6-7~ Appropr~ation Or~n~ce, ~ provid~ng for an (For fu~ text of Ord~n~ce, s~ Ord~n~ce B~k ~o. ~. Th~s move~ ~e a~opt~on of ~e Or~n~ce. The motion was seconded by ~. H~ar~ and a~o~ted by ~e foll~ing vote= AYES= Co~cil m~ers ~wles, Garl~ Grove, H~ard, Ta~, Th~s and~yor Taylor ............................... ~. ~YS= None ................................. 0. 114 BUDGE~-COH~L%EHENS~VE E~LO~MENTAND TRAiNInG AC~: ~e s~ltted a ~tt~ Ee~zt =ec~dln9 ~t $255,000.00 ~ app~opElated to C~TA A~lnlstratlon Title I of ~e Gr~ Pr~Acco~t, In co~ectton Gr~t NO. 5~-~-204-~0. {For full text~ See re~rt as f~le~ ~n ~e C~ty Clerk's ~. H~ard offere~ ~e foll~ng ~rg~cy Ord~ce appropr~at~g $255~000.00 to Unobl~gato~ F~s ~er ~CETA ~n~strat~oa~ Title ~,~ of ~976-77 bu~get~ (J23339) ~ O~I~CE to ~nd ~ reorda~n ~e city o~ ~976-77 Grant Progr~ Accost ~ providing for ~ ~rgency. (For full text of Or~ln~ce~ see Ordinanc~ ~k No. Hr. Hubard mov~ the adoption of the Or~n~ce. The ~t~on was seconded bye. Grove and adopte~ by the following vote~ AYES= Co~c~l m~ers Bowles, Garl~d, Grove, H~ard, Tarn, Th~s and ~yor Taylor ................................ 7. ~YS= None .................................. A~ORT: The City ~ager s~itt~d a ~itten re~rt re~est~ng authority to execute h~cense No. ~-FA77~-8675, which wou2d prov~d~ F~ w~th the r~ght to install, operate ~d ~ntain a V~sua~ Approach Slope Indicator (V~) to serve R~way 5 at Roanoke H~c~pal Airport, Wo~r~ F~d. (For fu~l text, se~ report a~ f~led ~n th~ City Clerkes Office.) Hr. Tarn move~ ~at the fo~l~ng Ordinance be placed upon ~ts f~rst reading= (J23340) ~ O~I~CE au~orlzing ~ecut~on of License Agre~t No. ~T-FA77~-8675, wi~ ~e Federal Av~atlun A~nistration prov~dlng for the const~ction an~ ~intenance of a V~sual Support Slope ~ndicator (VAS~) at Roanoke H~ic~pal Airport, W~d~ Field, u~n certain te~s and conditions. The motion was s~con~ed by ~s. ~wles ~d adopted by the following vote: AYe: Cocci1 m~ers ~wles, Garland, Grove, H~ar~, Ta~, Tho~s and ~yor Taylor ............................. 7. NAYS: None ............................... A~ORT= The C~ty~ager su~tted a written re~ort ~n connection wi~ lan~ requir~ents fo= ~e ~nding D~rect~onal Aid (~A) ~d a Medi~ Intensity Approach Light Syst~ w~ R~way A~ent End~cator L~ghts to se~e R~way 5 at Ro~oke M~ic~pa~ A~ort, Wo~ Field, ~d requesting certain authorization fr~ Co~cil ~n co~ection ~erewi~. (For full t~t, see report as filed ~n ~e City Clerkus Office.) In this co~ection, the Ai~ort Adv~so~ Co~ssion s~tted a wrltt~ report strongly urging Cocci1 to t~e whatever measles are necessa~ to vigorousl support efforts nee~e~ to finalize construction an~ operation of ~e ~ntensity Approach Light Syst~ wi~ R~way Aliment Indicator Lights ~d the ~nd~g Directional A~d for R~way 5. 115 (For full text, aeo report as flied in the City Clerk's Office.) Mr, Grove offered the following emergency ordinance concurring in the report of the City [t23341) A~ O~DI~NCE directing and providing for the acquisition Of certa~ properties wanted and needed by the City for the construction of navigational aids at ~oanoke Hunicipal Airport! Woodrum Field, upon certain terms and conditions; providing for the Cityts acquisition of said properties by condemnation, under certain circumstances1 authorizing that a motion be made for the award of right of entry on each or any of said properties for the co~nence- ment of said constructionl authorizing the execution of certain agreements with the Department Of Highways and Transportation Of the Co~nonwealth of Virginia to construct and maintain the aforesaid navigational aids across U. S. Interstate 5811 authorizing the City Manager to apply for the appropriate grants from the Governments of the United States of America and the Co~u~onwealth of Virginia for reimbursement of costs for the aforesaid acquieitionl authorizing the City Manager to transmit to the Federal Aviation A~ninistration a letter of the City's intent to enter into License Agreement No. DOT-FA77EA-8620 to provide for a Hedium;Intensity Approach Light System with Runway Aligr~lent Lights (HALSR) to serve Runway 5 at Roanoke Municipal Airport, WoodrumFIeld, upon the acquisition of the necessary properties; and providing for an emergency. (For full text of ordinance, see Ordin~ce Book No. Hr. Grove moved the adoption of the Ordinance. The motion was seconded by ~r. Taub~an and adopted by the following vote: AYES: Council me~bera Bowles, Garland, Grove, B~bard, Taubm~n, Thomas and Mayor Taylor ............................ NAYS: None .............................. Hr. Garland moved that the report of the Airport Advisory Co~nission be received and filed. The motion was seconded by Hr. Thomas and unanimously adopted. SWIHHING POOLS~ The city Manager submitted a written report reco~mendln~ authorization to execute Change Order No. 3, in the amount of $2,773.00, to the contract with Days Constr~ction Company for conet~ctlon of municipal e~fmmingti Pools to cover additional plumbing and electrical work. (For full text, see report as filed in the City Clerk's Office.) Hr. Themas offered the following emergency Ordinance authorizing issuance of the change order: (123342) AN O~DINANCE authorizing the issuance of Change Order No. 3 to the City's contract with Days Construction Company, Inc., authorized by Ordinance No. 22832, for construction of two municipal swimming pools in the City, upon certain terms and conditions; by providing for certain additional plumbing and electrical work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: 116 Thc~as and Hayor Taylor ................................ 7. NAYS= Hone ..................................0o SEWERS AND STO~ DRAIHS-COH~t~TTEES~ T~e CltyManager sul~nitted a ~lhten report reco~nendfng that John Mo N~tchel! and J. D. Sink bo appointed and apportion the costs for construction of eanitar~ sewer mains and laterals to serve the Fairland Lakes and Glenavon sections of the city° (For full text, see report as filed in the City Clerk's O£fice.~ ~r. Taul~n offered the following Resolution= ($23343) A P~SOLUTION appointing ~ohn Ho Hltchell and J. D. Sink to a cc~n£ttee heretofore established by Ordinance Hoo 21701 to ascertain and apportion the costs of providing certain sanitary sewer mains and lateral facilities in the Fairland Lakes a~d Glenavon sections of the city. Mr. Taubman moved the adoption of the Resolution. The motion was seconded by Mr. Thomas and adopted by the following vote= Thomas and Mayor Taylor ............................ 7. POLICE DEpARTHENT-FIR~ DEPARTMENT: The City Manager submitted a written re~ort listing personnel changea in the Police and the Fire D~partments during (For full text, see report as filed in the City Clerkta office.} Mr. Hubard moved that the report be received a~d £iled. The motion (For full text, see co~mnunication as filed in the City Clerk's Office.} Mr. H~bard moved that the communication be received and filed. The motion was seconded by Mrs. Bowies and ~na~J/~ously adopted. (For full text, see report as f£1ed in the City Clerk~a Office.} Mr. Thomas offered the followlng emergency Ordinance decreasing Salarles and Wages under Section $1669, 'Refuse Collection,' by $38,809.74, decreasing Salaries and Wages ander Section $1345, 'Police Department,' by $95,151.75, $106,483.14: (S23344} AN ORDINANCE to a~e_nd a~d reordain certain sections of the 1976-77 Appropriation Ordinance, and providing for an ~mergency. Hr. Thomas ~oved the adoption of the Ordinance. The motion was seconded by Hro T~-h~-~ and adopted by the £ollo~ing vote= AYES= Council members Bo~lest Garland~ Grovet Hubard~ Thanes and Hayor Taylor ................................ NA¥S~ None ..................................0o Hr. Thomas offered the following e~ergenc~ Ordinance increasing Salaries and Wages under Section t1669, 'Refuse Collection,' by $36~809.74, Increasing Salaries and Wages under Section %1345~ 'Police Department~' by increasing Salaries and Wages under Section %1347, 'Fire Department~' by and decreasing Revenue Sharing Trust Fund by $238,444.63= (%23345) AN ORDINANCE to a~end and reordaln certain sections Of the 1976-?? Appropristion Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, Hr. Th~nas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Council members Bowles, Garland~ Grove, ~u~ard, Tauhman~ Thomas and Mayor Taylor ............................. NAYS: None ...............................0. REPORTS OF COMMITTEES= · C~TY E~PLOYEES: Council having previously instructed the City Attorney to prepare the proper measure adopting a proposed new grievance procedure for city ~mployees, a joint report of the City ~nager and the Chairman of the Personnel Board requesting that the new procedure become effective on December 1, 1976, to allow for a transition perio~ from the old procedure to the new, was before Council. {For full text, ~ee report as filed in the City Clerk's Office.} Mr. Nubard offered a Resolution concurring in the new grievance procedure promulgated by the Personnel Board. The motion was seconded by Mr. Taubman. Mr. Beverly B. Mitchell representing the Roanoke Firefighters~ Association, appeared before Council in reference to the new procedure and questioned what it is about the present procedure that the Council does not like, stating that he feels the present procedure is a fair and equitable one and would like for it to be continued. Mr. Mitchell criticized the ~%nner in which the public hearing was handled at the National Guard Armory a~d raised the following points of concern: (1} The fireflghters have requested that grievability be defined in the new procedure. (2) The firefighters feel that the method proposed to be used to determine grievabillty is a method to control what an employee ca~ grieve. (3) How is the Commission appointed, terms of office, number of members, representation of city employees. (4) The City Manager has the final authority in dismissals. The firefighters would ~ike for Council to request the General Assembly to amend the City Charter to allow Co,oil to have the option to delegate this authority to the City Manager if it so desires. 117 In closing, he requested that Council reject the proposed procedure and retain the present procedure, and if the Council chooses not to do this, it is requested that any action on adoption of the new procedure be delayed until city employees can be polled as to their overall opinion. Mr. Mitchell assured the members of Coenct! that if this new procedure ~s adopted, the City of Roanoke will have one of the poorest griev~nce procedures in the state, and it will give public employees one of the best tools they have ever had in gaining collective bargaL~ln~ H~o Gerald Siphons also representing the Roanoke Firefightere~ Association, I spoke ~n opposition, advising that the employees are not educated on the new ! grievance procedure. He suggested meeting with other cities in order to get something that ts fair and equitable for the employees, that more checks and balances are needed and urged that Council reconsider the matter and take another route. The City ~anager, Mr. Ellis B. Hohnes and Mr. Fred Weaver advised as to steps that were taken to ensure that city employees were we1! informed of the public hearing at the National Guard Armory and were given a chance for input and participation. After a very longthy discussion of the ~atter, Mr. ThOmas offered a substitute motion that the proposed new grievance procedure be referred back to the City F~nager and the personnel Board to bring it back to the Council at the December 6, 1976 meeting, that hopefully meetings will be nelu with the firefighters and others to the end that whan the procedure comes back to the Council, the Council will know it has a document wherein there will not be a difference of opinion after there have been fair hearings. The motion was seconded by Mr. Garland and adopted, Council me~nbers Grove, Eubard and Taubnmn vot£ng no. AI~ORT-STREET NAMES: The AirportAdvisory ConTaission submitted a written report making reco~ne~ndatlons in con~ectlon with certain on-site airport road na~es. {For full text, see report as filed in the city Clerk's Office.} Mr. Hubard moved that Council receive and concur in the report end refer same to the City Planning Commission for consideration and to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Grove and enanlmously adopted. PARKS AND pLAYGROUNDS: Mr. M. Carl Andrews, Chairman, Mill Mountain Development Committee, appeared before Council and presented a report in connection with the recommendation of the C£ty Manager to divert the $10,000.00 which was approved in the 1976-?? fiscal year budget for parking lot inprove~ments at Mill Mountain to the Mill Mountain Playhouse which was damaged by fire on October 15, 1976, advising that the Co~ttee is opposed to use of these funds for amy purpose other than parking lot inprovements. (For full text, see report as filed £n the City Clerk's Office.) After a discussion of the matter~ Mrs. Bowles moved that Council receive and concur in the report of the Mill Mountain Development Co~nlttee and refer it to the City Manager pursuant to the request of the Committee. The motion was seconded by Mr. Th~uas and una~inously adopted. UNFINISHED BUSINESS z NONE. CONSIDKRATION OF CLAIRS~ NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RE$OLUTIONS~ CITY GOVERNNENT~ Co,nell having directed the City Attorney to prepare the proper measure authorizing the Mayor to negotiate with the proper city officials of the City of Kisumu, Kenya, 8nd Other parties and endeavor to establish a relationship and a cultural exchange program between the two cities, he presented same! whereupon, Mr. Hubard offered the following Resolutions (%23346} A RESOLUTION authorizing the ~ayor of the City Of Roanoke to negotiate with the proper city officials of the City of Kisumu, Kenya, and other parties end endeavor to establish a relationship and a cultural exchange progra~between the two cities. (For full text of Resolution, see Resolution Book No. Mr. Hubard moved the adoption of the Resolution. The motion was seconded by }ir. Garland and adopted by the following vote= AYES= Co~cil members Bowles, Garland, Grove, Nubard, Taubmant Thanes and Mayor Taylor ............................... NAYS= None .................................0. ELECTIONS-DIrECTOR OF FINANCE-COMMISSIONER OF REVENUE-TREASURER: CoUncil having directed the City Attorlley to prepare the proper measure advising that it is the intent of Council that should the voters of the city approve a referendum tn be held on November 2, 1976, to consolidate the offices of Commissioner of Revenue end Treasurer with the Director of Finance, it will be the intent and endeavor of Council to assure that there be opportunity for continued employment u~dcr the goverr~ent of the city for the present employees in the offices of the Commissioner of Revenue and Treasurer, in equivalent positions of employment and at comparable rates of compensation, and that such savings in costs as would be expected to result from consolldation of the functions of those offices into the Director Of Finance will be those resulting frc~ economies in centralization of similar functions and procedures now performed by said offices, and in areas relating to employment of personnel, fro~ attrition, and not by dismissal of employees in either of said offices, he presented same; whereupon, }tr. Hubard offered the following Resolution: (S23347) A RESOLUTION addressed to the referendum to be presented to the local electorate November 2, relative to abolition of the elective offices of city treasurer and commissioner of revenue and to the transfer of the functions Of those offices to the office of the director of finance. {For full text of Resolution, see Resolution Book No. Mr. Hubard moved the adoption of the Resolutlon. The motion was seconded by }ir. Taubman and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, HUbard, Taubman, Thomas and Mayor Taylor ........................... NAYS= None .............................0. 119 120 WATER DEPARTHENT~ The Audit C~lttee having recorded the adoption of an Ordinance discontinuing the roquirement for water department deposits and directing that the Director of Finance return ali water department deposits now held by the cltyu the Assistant Clty Attorney presented an Ordinance carrying out those lnstructionss whereupon, the Acting Director of Finance stated it was his understanding that the Director of Finance would be authorized to require deposits frc~ persons with a credit risk, that the Ordinance before the Council does not provide for this and requested clarification. Hr. Hubard moved that the Ordinanco be referred back to tho City Attorney and the Acting Director of Finance for the purpose of drafting a measure setting forth what they feel was the true intent of the Audit Conuaittee, said measure to be presented to the Council at its meeting on Mondayu November 8, 1976. The motion was seconded by Hr. Taubman and unanimously adopted. MOTIONS AND MISCELLANEOUS EUSINESS~ TRAFFIC: The Mayor called to the attention of Council that the terms of Messrs. Lewis W. Perry, Jr., James P. Brice, John C. Clarke and Dr. W. W. S. Butler, III, as members of the Local Highway Safety Co~ission expired on October 31, 1976, and called for nominations to fill the vacancies. Mr. Hubard placed in nomination the names of Messrs. Lewis W. Perry, Jr., James P. Brlce, John C. Clark and Dr. W. W. S. Butler, III. There being no further nominations, Messrs. Perry, Brlce, Clarke and or. Butler were reelected as members of the Local Highway Safety Commission for terms of four years each ending October 31, 1980, by the following vote: FOR MESSRS. pERRY, ERICE, CLARKE AND OR. BUTLER: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ...... ?. OTHER HEARINGS OF CITIZENS: HONE. There being no further business, the Mayor declared the meeting adjourned. ATTEST: city Clerk APPROVED Mayor COUNCIL, REGtrhARNEETING, Monday, November 8, 1976. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, on Monday~ November 8, 1976, at 2~00 p.m., the regular meeting hour, with Mayor Noel C. Taylor presldingo PRESENT= Council members Elizabeth T. Bowles, Robert A. Garland, Lucian ¥. Grove, WIIlt~ $. Hubard, Nicholas F. Te-~- and Mayor Noel C. Taylor ............................................... 6. ABSENT= Council member Hampton W. Thomas--l. OFFICERS PRESENT= Mr. Byron E. Haner, City Nanager~ Mr. Sam H. HcGhee, III, Assistant City Hanager~ Hr. James N. Klncanon~ City Attorneyl Mr. James E. Buchholtz, Assistant City Attornsyl Hr. Joh~ H. Mitchell, Acting Director of Finance; and Mrs. Mary P. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend T. T. Harkham, Jr., Associate Minister, Greene Hemorlal United Methodist Church. MINUTES: Copy Of the minutes Of the regular meeting held on Monday, October 25, 1976, having been furnished each member of Council, on motion of Mr. Tauhma~, seconded by Hr. Hubard and adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEAItlNG OF CITIZ~tS UPON PUBLIC HATTERS= ZONING= Pursuant to Resolution No. 21414, the City Clerk set a public hearing on the request of Dr. John E. Garchler, Jr., that property located in the 300 block of Woods Avenue, S. W., described as Lots ?, 8 and 9, Block 14, Exchange Building & Investment Company, Official Tax Nos. 1030907, 1030908 and 1030909, be rezoned fro~ RG-2, General Residential District, to C-1, Office /uld Institutional District, the matter was before the Council. The City Plannlng Commission su/omltted a writtan re~ort recommending that the request be approved. (For full text, see report as filed in the city Clerk's Office.) Mr. Tau/x~ln moved that the following Ordinance be placed u~on its first reading: (%23348) /tN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 103, Sectional 1966 Zone Hap, City of Roanoke, in relation to Zoning. The motion was seconded hyMr. Hubard. Mr. James M. T~r~er, Jr., Attorney, representing the petitioner, appeared before Councll in support of the request of his client, advising that Dr. Gardner illtends to construct an oral clinic, hospital alld day care center. Mrs. Malinda Carlisle, 354 Woods Avenue, B. W., spoke in op~osition to the rezonlng, advising that there is a growing concern for the preservation of the old southwest community, that the gradual encouragement of such buildings is eating away at the neighborhood and tightening an already bad housiJlg situa- tion, that construction of the dental cllnic will be of little value to the 121 122 neighborhood and will ~ncreaso traffic flow on a street that has a very heavy population of children, She suggested that the alternatives to tearing down seven houses would be to utilize exlst~ng structures or build In an area that is already zoned office and ~nstitutional, Mrs. Carlisle presented a petition ai~ned by approximately 94 residentst in opposition to the rezontng. (For full text, see petition as filed in the City Clerk's Office.) Mr. Fred Laplante~ 353 Woods Avenue, $. W., spoke in OppOsition to the rezoning, advising that old southwest should be preserved and homes should be refurbished. Mr. Robert N. Richert, 415 Allison Avenue, S. W., also spoke in op~osition to the rezoning, advising that Dr. Gardner's request is not all that noxious to him, but it is the trend that is being established which, if allowed to continue, will destroy the urban neighborhood. He made reference to the fact that there is no orderly plan and there is no transition in zoning. Mr. Richert also noted that all over America urba~ neighborhoods are being saved and Roanoke should be no exception. After a period of discussion with the Deputy Manager of City Planning, Ordinance No. 23348 was adopted on its first reading by the following Vote= AYES: Council members Bowles, Garland, Grove, Hubard, Tauhman and Mayor Taylor ............................... 6. NAYS: None ..........................0. (Council member ThOmas absent) STREETS AND ALLEYS: Council having set a public hearing for 7:30 p.m., Monday, November 8, 1976, on the request of Dr. Jotul E. Gardner, Jr., as modified, to vacate, discontinue and close a portion of that certain alley- way extending in a westerly direction betwee~l Block 14, Exchange Building & Investment Company Hap, and Block 1, Janette Lund Company Map, fro~ its inter- section with Franklin Road, the matter was before the body. In this connection, the City Planning Co~nnission submitted a written report recommending that the request be approved. (For full text, see report as filed in the City Clerkts Office.) The viewers appointed to View the alleyway submitted a written report intere t of the City of Roanoke, they are unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating,[t discontinuing and closing the portion of the alleyway. (For full text, see report as filed in the City Clerk's Office.) Mr. James M. T~rner, Jr. Attorney, representing Dr. Gardner advised that this rec/uest is submitted in conjunction with the rezoning request previously approved by the Council on its first reading. No one in the audience wishing to address the matter further, Mr. Taubman moved that the following Ordinance be placed upon its first reading: (%23349) AN ORDINANCE permanently vacating, discontinuing and closlng a portion of the alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Hap and Block l, Janette Land Company Hap from its intersection with Franklin Road as is more particularly described ~emotlon was seconded b~r. Hubard and adopted by the following votsl AYES~ Council me~bers ~o~les, Garland, G~ove, H~a~d~ Tarn ~d ~yor Ta~lo~ .................................... ~YSt None ............................... 0. (Co.oil ==r ~s ~sent) C~RTER~ZONING-C~I~TS~CIL~ CO~C~I h~v~ng ~rev~ousl~ a p~lic hearing for 7~30 p.m., ~nday, ~ov~r 8~ 1976~ on ~e foll~n~ p~oposed Cit~ Cha~te~ ~ts, ~e~tter ~as ~Eore the ~or and oE co~ci~, so as 2o provide 2hat on ~d aider ~ul~ 1, 1980, the salary of the ~or and ~a2 of 2he v~ce-~or ~d o[ each other co~c[~ shall be such a~ ~s from t~e 2o time fixed b~ ordin~ce of the C~t~ such salaries to be pa~able In e~al mon2hl~ (2) To ~end and re.ach Section 26. C~2~ A2~orney., so as to el~inate or ~epeal the second s~ce oE sa~d section, ~ch requires thah the ~tto~e~ ~hall, a~ the 2~e o~ h~s elec~on, have prac2~ced la~ in ~he Ska2e oE V~r~n~a for a~ leas2 f~ve ~ears and In 2he C~t~ o[ Roanoke for a2 t~o ~ears. (3) To ~end ~d reenact Section 53. License taxes, of the Charter of the City of R~noke, by ~e addition of a new s~section providing authority for the pro rata assessor and collection of tangible personal property taxes on all tangible ~rsonal property for portions of a tax year. (4} To ~ an~ re~act paragraph (3] of Section 62. Zonfng., ~o as to empower the co~cil by ordinance to compel dfsco~tfnu~ce wi~in not less ~ one (1) year of ~y use or uses of praises or property not confo~fng to the district regulations and fo~ on public hearing after notice to be detri- mental to the health, safety, morals, comfort, prosperity or general welfare of the p~lfc or of the surro~ding property in ~e district or districts. A d~scussion was held fn reference to Section 62 which would eventually pe~it the phasing out of adult ~ok stores ~d~ssage parlors. ~. Tau~n stated ~at ~e proposed ch~ge might create ~re probl~ ~an it~uld solve ~ that such a law could be used fn the future against other t~es of businesses. ~. Grove called attentfo~ to a co~ication from Senator Willi~B. Hopkins stating ~t ~e 'proposed cure was ~rse ~ ~e disease' and that such ~ att~pt at p~sing o~t non-confo~ing operations over a peri~ of t~e ~d ~ defeate~ in the courts; whereu~n, ~e Deputy ~nager of City Plying stated ~at the City ZOn~g Ordfn~ce predates ~e state statute on ~rtfzatfo~ ~d a c~rter c~nge woul~ succeed state law. ~. Jo~ D. Cope~ver~ Attorney, representing Ro~oke Valley Industries Inco~orated, appeared before Co~cll and requeste~ t~e to study the ~pact of ~e c~nge on other non-confo~ng businesses. ~. H~ard moved ~at Section 62. Zoning, be deleted from the pro~sed Resolution. ~e motion was seconded by ~. Tarn and adopted. 1'24 In reference to Section 6. Cc~pensation of the Nayor~ Vlce-~tayor and of ¢ouncll~en~ N~. H~rd ~ved ~t ~e ~ds ~ln e~al ~n~ly instal~ts" be deleted ~d ~e~rds 'such salaries s~li ~n~ly" lnse~ted. The ~kion vas seconded bye. Tav~a ~d adoptS. ~. H~a~d ~ offered ~e foll~ln~ Resolu21on as ~nded~ ($23350) A ~SO~ION re~es21ng the 1977 General Ass~ly of V~rginia to enack certain ~nts to the ~anoke Cha~2e~ o~ 1952~ as ~ended. (For full ~t of Resolution, see ~esolut~on ~. H~ard ~ved ~e adoption of ~e Resolutl~. The motion was seconded by ~. Ta~a and adopted by ~e roll,in9 AYES~ Co~c~l m~ers ~wles~ Ga~land~ G~ove~ H~ard~ Ta~ and Hayor Taylor ............................. ~YS: None .................... O* (Cocci1 m~r Tho~s ~sent) ~. Ta~ moved that ~e p~lic h~ar~ng be continued and that Section 62, Zoning, be referred back to the City Attorney to prepare a more palatable ~en~ent ~der the zoning laws. The motion was seconded by ~. Hubard ~d adopted. PETITIONS ~D CO~I~TIONS: AI~ORT: A co~icat~on fr~ ~. Stephen C. Shelton advis~g that ~e ~ard of Supervisors of Botetourt Co~ty appointed h~ as a liaison m~r of the Airport Advisory C~ission for Botetourt Co~ty, was before Cocci1. (For full t~t, see c~ication as filed in the city Clerk's office.) ~. Garl~d moved ~at ~e c~icat~on be received and f~led. ~e motion was seconde~ by ~. H~ard ~d a~opted. ~. H~ard move~ that copy of ~e c~ication be referred to the Ai~ort Advisory Co~ission. The motion was seconded by ~. Ta~ and adopted. ~PORTS OF OFFICE~: WATER DEP~= The Assist~t City Attorney s~tted a written report advising ~at p~suant to ~e directive giv~ to ~at office he has prepared two Ordnances relative to water depar~ent deposits, one Ordin~ce would discontinue the requir~ent for water depar~ent deposits, and the o~er would require water depar~ent deposits for certain cust~ers. (For full t~t, see report as filed in the City Clerk's Office.) ~. H~ard moved ~at the roll,lng Ordinance providing for water depar~t deposits in certain inst~ces be placed upon its first reading: [%2335~) ~ O~IN~CE ~ending ~d reordaining Rule 5, of Sec. 5. Rules and Regulations, of Chapter 1. Water Depar~ent, of Title XII. Water, of The C~e of ~e City of Ro~oke, ~956~ as ~ended, by providing for water depar~ent deposits in certain inst~ces; and directing ~e Director of Fin~ce to return certain water depar~nt deposits n~ held by ~e city. (For full text of Ordinance, see Ord~ce Book No. The notion was seconded by ~. Ta~n ~d adopted by ~e follow~g vote= and Mayor Taylor ............................... 6. NAYS= None ..........................0. (Council member Thomas absent) The Acting Director of Finance s~bmitted a wrlttefl report recommend- lng, If it is Council's desire to discontinue the requirement for water deposits, that it be coupled with a corresponding increase in the discontinua- tion fee, and that this matter be referred to the Water Resources Cc~m~£ttee (For ful! text, see report as filed in the City Clerk's office.) seconded by }tr. Grove and adopted. RADIO-TEI~VISION= The City Clerk presented a report advlsing of certificate of compliance from Roanoke Valley Cablevision and further advising that the application will be kept on file in her office for public inspection during normal business hours. (For full text, see communication as filed in the City Clerk's office.) (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard offered the following emergency Ordinance appropriating $4,000.00 to Travel and Education under Section %0101, 'Council,# of the 1976- 77 budget= (%23352) AN O~DINANCE to amend and reordaln Section %0101, 'Council," Of the 1976-77 Appropriation Ordinance, and providing for an ~mergency. (For full text Of Ordlna/lce, see Ordinance Book No. seconded by Mr. Taub~an and adopted by the following vote= and Mayor Taylor ........................... 6. NAYS= None ......................0. (Council member Thomas absent) of the Council of the City of Roanoke to discuss with the County of Roanoke joint use of jail facilities to be constructed in the City of Roanoke. (For full text, see report as filed in the City Clerk's Office.) 125 126 Hr. Hubard then offered the £ollo~ng Resolutions (~23353) A ~ESOLOTXON expressing the wi[l~gness oE ~e Co.oil of the City of ~anoke to discuss with ~e ~ty of ~oke Joint use of facilities to be const~cted in ~e City o~ Eo~oke, (Fo~ full text oE Resolution, see Resolution ~k ~o. ~. H~ard ~ved the adopEion o~ ~e 2esolut[on, The ~2~on ~as seconded bye. Ta~ ~d adopted by the foll~in~ vote~ AY~ Co~cil ~ers ~wles, Garl~d, Grove~ H~ard~ ~d~yor Taylor ............................ ~YS= None ........................0. (Cocci1 m~r ~s absent) CO~CIL~ Co~cil having previously referred to a c~ittee for study, re~rt and rec~endation the one bid received for providing ~d installing a c~plete microphone ~d multiple electronic distribution syst~, recording egui~ent and sold reinforc~ent syst~ In the City Co,cfi Char, ~e C~fttee s~mitted a written re~rt advising that due to tec~fcal l~tatfons ~e pro~sals must be accepted in the following configurations= Proposal 1 only, Proposals 1 and 2, Proposals I a~d 3 or Proposal 4. (For full text, see report as filed in the City Clerk's Office.) After a discussion of the ~tter, Hr. Grove ~oved that Proposal ~o. 1 su~itted by ~e Har~ ~d Sons, lncorporated~ in the ~o~t of $9,904.00, ~ accepted~ and that ~e ~tter be referred to the City Attorney for preparation of the proof measure. The motion was seconded by ~. H~ard and adopted. S~ ~ S~M D~INS: A co~ittee appointed to tabulate bids for the Fairland ~kes Sanita~ Sewer Project s~ftted a ~itten re~rt reco~endi~g ~at the bid of Plecker Construction Comply be accepted and that all other bids be rejected if the project is to be constr~cted pending the report fr~ ~e Fairland Lakes S~ita~ Sewer Assessment Co~ittee, ~d fur~er that Co~cil ~p~d the intent of the assessment against the sewer f~d for sewer lateral replac~ent f~ds to make a tr~sfer of $215,180.74 from ~e Sewer Lateral Replac~ent Accost to ~e Fa~rland Lakes Sanfta~ Sewer Accost in accordance with a breakdo~ of anticipated expendit~es. (For full text, see re~rt as filed in the City clerk's Office.) ~. Hubard moved that Cocci1 take the report ~der advfs~ent p~ding a re~rt of ~e Assessment Cn~ittee ~d concur in ~e suggested intent of the meth~ of f~dfng. The motion was seconded by ~. Ta~ ~d adopted. U~INIS~D BUSINESS: I~ ~FE~D B~ STI~ P~DING: The City Clerk pres~ted a list of i~ referred but still pen4ing from August 18, 1975, to Nov~er 1, (For full text, see list as filed in the City Clerk's Office.) ~. H~ard mo~ed tha~ %he list be received and filed. ~e ~tion was seconded by ~. Ta~n and adop%ed. CONSIDE~TION OF C~: NONE. I~RODUCTION ~ CONSIDE~TION OF O~I~CES ~D ~SOLUTIONS: AIRPORTI Ordinance No. 23340 authorizing execution of License Agree- meat No, DOT-FA?TEA-86?$t vith the Federal Aviation Administration providing for the construction and maintenance of a Visual Support Slops Indicator at the airportt upon certain te~ms and conditiona~ having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. ?aubman offering the following for its second reading and final adoptiont (S23340) A~ ORDINANCE authorizing execution of License Agreement Ho. DOT-FAT?~A-8675, with the Federal Aviation Administration providing for the const~uction and maintenance of a Visual Support Slope Indicator at Roanoke Nuniclpal Airport, Woodrum Field, upon certain ter~s and conditions. (For full text of Ordinance, see Ordinance Book No. Hr. ?aubman moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following voter AYES: Council members Ho~les, Garland, Grove, Hubard, Taubma~, and ~ayor Taylor .............................. NAYS: None .........................0. (Council m~ber Thc~s absent) STADIUm: Council having previously approved waiving the rental fees and incidental charges for the use of Victory stadium by the Roanoke Valley Chamber of Commerce for the At, ual Sandlot Football Championship Games for 1976, the City Attorney presented a Resolution formally approving same. lit. Grove offered the following Resolution: (~23354} A RESOLUTION Waiving the rental fees and incidental charges for the use of Victory Stadium by the Roanoke Valley Chamber of Co~nerce for the Annual Sandlot Football Championship Games for 1976, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. ~r. Grove moved the adoption of the Resolution. The motion was seconded by Hrs. Bowles and adopted by the following vote: AYES= Councll me-~bers Bowles, Garland, Grove, Hubard, Taubman and Mayor Taylor .......................... NAYS: None .....................0. (Council member Thomas absent} HF~ALTH DEPARTMENT= Council having previously concurred in the appointment of Dr. E. J. Clarke, Jr., as Director of Health for the City of Roanoke, the City Attorney presented a Resolution formally concurring in the appointmentl whereupon, 14r. Hubard offered the following Resolution: (~23355} A P~$OLUTION concurring in the State Department of Nealth~s recommendation of appointment of Dr. E. J. Clarke, Jr., as Director of Health in the City of Roanoke. (For fall text Of Resolution, see Resolution Book NO. Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Hr. Grove a/id adopted by the following vote: 127 AYES~ CO~C£1 ~'nber8 Bo¥1es~ Ga~land~ GroYe~ Hubsrd# and Ma~or ~aylor--~ ...................... NA¥S~ None ......................0. (Council m~nbe~ Thomas absent) BUSES~ ~ro Garland offered ~e foll~ Resolution concurring In ~d approv~g ~e filing b~ Greater Ro~oke Tr~s~t C~y of ~ appl~c~tion Wi~ ~e Depar~t of ~s~rtation, Urb~ss Tr~s~rtat~on A~nistration~ seeking o~rat~ng f~ds for F~scal 19~ pursuit to Section 5 ~erat~on Gr~t Assis~ce oE the Urb~ ~ss Tr~s~rtat~on Act~ (%23356) A ~SO~TION conc~r~ng ~n ~d approving the filing by Greater Roanoke Tr~sit C~p~yof ~ application w~th the Depar~ent of Tr~s~rtation~ Urb~ ~ss Transportation A~n~strat~on~ seeking operating f~ds for F~scal 1977, pursuant to Seotion 5 Operation Gr~t Assist~ce of the Urb~ ~ss Transit- ration Act. (For full text o~ Resolution, see Resolution ~ok No. ~. Garl~d moved the adoption of ~e Resolution. The motion was seconded bye. Ta~ and adopted by the following vote= AYES= Co,oil m~rs Bowles, Garland, Grove~ H~ard~ Tarn, ~d Mayor Taylor ......................... NAYS: None ....................0. (Co~c~l m~er Tho~s absent) ~T~ Co~c~Z having directed the c~ty Attorney to proper measure provid~g for the sale of h~dicraft it~ at the City Market, he pres~ted s~e~ whereupon, ~. H~ard offered ~e following ~ergency (%23357) ~ O~I~CE ~ding ~d reordatning Sec. 1. ~ere ~rkets held~ segregation of pr~ucers and peddlers; charge for street s~ace~ assig~ents of space= signs on vehicles of hucksters and ~eddlers; market ho~s~ penalty, by adding a new s~sect~on (7)~ ~d Sec. 3. Rental Char~es for use of ~rket building, of Chapter 2, Title IX. P~[~c ~rkets, of The Code of ~e City o[ Roanoke, 1956, as ~ended; by prov~ding for ~e sale o~ h~dicraft it~ at the city ~rket; and providing for ~ ~ergency. (For full text of Ord[n~ce, see Ord[n~ce Book NO. ~. H~ard moved ~e adoption of the Ordinance. The motion was seconded bye. Grove and adopted by ~e foll~ng vote= AYe: Co~cil m~ers Bowles, Garl~d~ Grove, H~ard, Ta~ ~d ~yor Taylor ............................ 6. ~YS: None ....................... 0. (Co~cil m~er Th~s ~s~t) MOTIONS ~D MISC~OUS I~USTR~ES: The City Clerk reporte~ ~at~. Robert H. ~er, Jr., ~s ~al~fied as a Director of ~e Industr~a~ Development Au~or~ty of the C~ty of Ro~ok~, Virginia, for a te~of fo~ years ending ~tober 20, 1980. ~. Garlan~ move~ that the report be receive~ ~ file~. The motion Was seconded by ~. Grove ~ a~opted. O~ ~INGS OF CITIZ~S= C~C~L: The City ~ager s~mitte~ a~itten re~rt re~esting ~ ~ecutive Session to ~iscuss a ~tter of litlgation. H~o Hubard ~oved that Council meet vith the Clty Hanager in ~xecutive Session to discuss a matter of existing or pending litigation, The motion was seconded by Hr, Taubman and adopted by the following votez AYES z Council members Bo~les, Garland, Grove, Rubardt Ta~ and Hayor Taylor ............................ 6o NA¥S~ None .......................0. {Council member Thomas absent) P~ING-GRAN~S~ The Reverend Lero~ Co Roberts appeared before Council and requested that the general public be informed relative to the Co~n~nity Development Block Grant° In explanation of the requestt Reverend ~oberts made reference to the fact that the Counci! approved funding for revitalizing certain h~nes in the southeast area~ that the general public needs to kno~ whether or not~ after that phase of the grant is co~pleted~ if the city w£11 have to make reapplication for other pro~ects of this nature to be done in other areas of the city. Hr. Taub~an moved that the request be referred to the City Hanager for reply to the Council and to Reverend Roberts. ~he motion was seconded by Hr. Hubard and adopted. There being no further business, the Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED Mayor 129 130 COUNCZL, REGULAR H~BTING, Monday, November 2'2w 1976. The Council of the CLty o£ Roanoke met ~n regular meeting in the Council Chamber In the Municipal Building, C~ty of Roanoke, on Honday~ November 22, 1976, at 2 p.m., the regular meeting hour withVice-~ayor Elizabeth T. Bowles presiding. pP~ESENT; Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor {arrived late) ................................ 7. ABSENT; None ................................................0. OFFICERS PRESENT; Hr. Byron E. Haner, City Hanager; Hr. Sam H. HcGhee, III, Assistant city Hanager (arrived late); Hr. James N. Klncanon, City Attorney;Mr. James E. Buchholtz, Assistant City Attorney; Hr. Joh~ H. Mitchell, Acting Director Of FJ/lance~ and Hrs. Mary F. Parker, City Clerk. INVOCATION; The meeting was opened with a prayer by Father Thomas J. Caroluzza, Our Lady of Nazareth Roman Catholic Church. MINUTES: Copies of the minutes of the regular meeting held on Monday, November 1, 1976, and the regular meeting held on Monday, November 8, 1976, having been furnished each me_~ber of Council, on motion of Hr. Hubard, seconaeu by Hr. Grove and adopted, the reading thereof was dispe~sed with and the minutes were approved as recorded. CIRCUIT COURT: The Council having been informed that Judge Robert J. Rogers, Judge of the Circuit Court, passed away on Sunday, November 21, 1976, Hr. Hubard offered the foZlowing Resolution in m~mory of the late Judge Rogers= (%23358) A RESOLUTION in memory of the late ROBERT J. ROGERS, Judge of the Circuit Court of the City of Roanoke. (For fu11 text of Resolution, see Resolution Book NO. Hr. Habard moved the adoption of the Resolution. The motion was seconded by Hr. Tho~s and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor Bowles ............................. 6. NAYS: None ............................. 0. (Mayor Taylor had not arrived at the meeting) At this point, the Assistant City Manager entered the meeting. HEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT: Pursuant to notice of advertisement for bids for altera- tions to the air conditioning at the Federal Aviation Authority L~ased area in the Terminal area of Roanoke Municipal Airport, Woodrum Field, said proposals to be received by the City Clerk untll 1:30 p.m., Monday, November 22, 1976, and to be opened before Council at 2:00 p.m., on that date, the Vice-Mayor asked if anyone had any questions about the advertiee4nent for bids and no representa- tive present raising any c~/estion, the Vice-Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids= Bidder Valley Air Conditioning Corporation C~en Plt~binq & Heating, Incorporated Johnston-Vest Electric Co.ration ~p-~tic, Inco~zated Weddle PlYing ~d Heat~g C~y Base Bid Alternate 34,730.00 ~3,500.00 39,655°00 6,669.00 44,498.00 5,870.00 44,567.00 5,327.00 54,683.00 7,738.00 66,115.00 9,224.00 }ir. ThOmas moved that the bids be referred to a co~alttee to be appointed by the Mayor for tabulation, report and recommendation to council. The motion was seconded by Mr. Hubard and adopted. The Vice-Mayor advised that the ccauntttee would be appointed by the Mayor when he arrived at the meeting. (For further action, see page ) CITY CHARTER-PORNOGRAPHY= Council having continued a public hearing on proposal of certain City Charter amendments, one of which was Intended to authorize the Council, by excerl~e of its zoning powers, to limit and to provide for amortization Of present objectionable uses of property in such ways as to adversely affect adjacent properties Or properties in adja=ent distrlcts~ the matter was again before the body. In this connection, the City Attorney su~mitted a written report advising that in his opinion state statutes are now on the books which prohibit a~d make u~lawful the sale or offering for sale Of what have been described ns obscene books, magazines and other items which are said to he offered to the public at some locations in the city and that diligent enforcement and prosecution of offenses under those statutes resulting in im~osition Of the sttbstantlal penalties which those statutes provide should be adequate to control the situation which has become so objectionable and Intolerable to so many reside/its of the city, that while state law is fully effective throughout the state, the statutes expressly authorize localities to enact local Ordinances paralleling the statute, the only limltatlon being that penalties provided by such Ordinances not exceed those fixed in the general laws. The City Attorney fttrther advised that he has transmitted such an Ordinance for recommended adoption by Council. After a discussion as to the advantages of prosecuting ~tnder a City Code provision as opposed to state statute, Mr. H~lbard moved that the Cou~cll resolve that it continues to be opposed to Obscene literature, films, etc., in the City Of Roanoke, however it will defer action on this ~atter until the first meeting of Council in March, 1977, in order that the matter may be further studied by the new City Attorney and the Commonwealth's Attorney and in order that action by the General Assembly ~ay be considered by the Council. The motion was seconded by Mr. Taubman. M~Thomas offered a substitute motion that the following Ordinance be placed upon its first reading= (J23359) AN ORDINANCE amending and reordaining Chapter 3. Offenses Against Morality and Decency, of Title XXIII. Misdemeanors a~d Offenses. of the Code of the City of Roanoke, 1956, as amended, by repealing Sections 3.1, 4, 5.1, 6, and 6.1., and by adding new sections to be nk~nbered 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.6, 3.9, 3.10, 3.11, 3.12, 4.1, 5.1, end 6.2. 132 The motion was seconded hymn. Ge=land and lost by the following AYES~ Council members Garland, Thomas and Vice-Mayor Bowles---3. (Mayor Taylor had not arrived at the meeting) A discussion ensued concerning the advisability of approaching the matter from a zoning standpoint or a criminal standpoint. Considerable discussion was also held as to whether or not the Ordinance as written establishes whet is considered by the Council to be local standards for deter~ning obscenity. The original motion offered by Mr. Hubard, seconded by Mr. Tauhman, was lost by the following vote: (Mayor Taylor had not arrived at the meeting} At this point, the Mayor entered the meeting. The motion was seconded by Mr. Hubard and tmani~ously adopted. Mr. Thc~uas then moved that the following Ordinance be placed upon its first reading: (t23359} AN O~D[NANCE a~e~dlng and reordaining Chapter 3. Offenses code of the C£ty of Roanoke, 1956, as amended, by repealing Sections 3.1, 4, 5.1, 6, and 6.1., and by adding new sections to be n~mbered 3.2, 3.3, 3.4, 3.5, 3.6, 3.?, 3.8, 3.9, 3.10, 3.11, 3.12, 4.1, 5.1, and 6.2. The motion was seconded by Mr. Garland and adopted by the following Mayor Bowles ............................................................4. At this point, the Mayor took the Chair. tion advising that his clients were recently annexed into Roanoke City, calling attention to the boundary line which goes through the property and/or houses of several of his clients and certain probl~s which exist and proposing that the boundary line between the City of Roanoke and the City of Salem affecting his Clients be changed pursuant to ~15.1-1068 - ~15.1-1070 of the Code of Virginia, 1950, as amended. (For full text, see communication es filed in the City Clerk's Office.) and the City Planning Co~mission for study, report and rec~endation to council. TAX~S-~ICENSF~-TAXICA~S~ H~. Richard ~o Pence~ Attorney~ represent- ing Yellow Cab Comply of Ro~oke~ ~cor~a~ed~ ap~a~d ~fora Co~o~l ~d present~ a petition fr~. W~lbur L. ~zlegrove~ At~rney~ rep~esenting Checker Cab C~y of V~rg~nia~ ~cor~rated~ ~d o~ers, request~g a revision ~n taxi-c~ rates to provide for a rate of seventy cents for the first one- seven~m~le~ or fraction ~ereof~ ~d te~ c~ts for each additional one-seven~ m~le, or fraction thereof~ ~d f~ther re~esting a revision ~n the ~cense tax to reduce the rate of t~ pa~d on gross r~c~pts fr~ ~.20 to $.55 per $~00.00 of gross receipts. (For full t~xt, see petition as f~l~d ~n ~e C~ty Clark~s Off~ce.) In reference to a ravis~o~ ~ the taxi-cab rates, ~. Ta-~n moved t~t the ~tter be re~erred to the C~ty ~nager for study, re~rt ~d r~c~ndat~oh to Co~cl~ as pr~pt~y as possible. The motion was seconded by ~. H~ard an~ ~an~ously In reference to a r~v~sion ~n ~e bus,ness llc~nse t~, ~. H~ard move~ that the ~tter be r~ferred to the C~tizens~ ~ng ~nge Pla~ing and ~al Setting Co~itt~e for study, report an~ reco~en~at~on to Co~c~l no later th~ ~ts regular meeting on Monday~ January 3~ ~977. The motion was secon~e~ by ~. Th~s and ~an~ous~y adopted. ~ clariflcation of th~ motion, ~. Tho~s ~tated that the Co~c~ ~s requesting a r~port from the Co~ai~tee r~at~vu to the overall ~tter of the bus~ness llcense tax ~n the City of Ro~oke. T~ES-LIC~SES-~SOLINE ~ FUEL OIL= ~. J~es W. Heizer, Executive Secreta~, Virginia Gasoline Retailers Ass~at~on~ Inco~orated, appeared before Co~cil an~ read a prepare~ stat~ent requesting some measure of table relief from the retail merchants lic~se tax which the gasoline retailer pays to the C~ty of Ro~ok~, pro~s~ng that ~ffect~ve Janua~ 1, 1977, gasolln~ se~ce stations be pe~itted to deduct the federal ~h~ghway us~r tax' fr~ gross receipts, and ~at ~ey be allowed to reduce the gross receipts tax rate on gasoline se~ce stations from ~e present rate of $.55 per $100.00 to a rate of $.35 per ~100.00 and th~s 36.4 per cent reduction ~n the tax rate would offset th~ 37 per c~t ~ncrease ~n ~e total r~ta~l sales brought about by the 22.4~ p~r gallon increase ~n wholesal~ gasollne prices. (For full text, s~e stat~ent as file~ ~n the City Cl~rk~s Office.) ~. H~ard ~ved that the ~tter be referred to the Citizens~ ~ng Range Pla~ing ~ ~al Setting C~tte~ for study, re~rt ~d rec~en~at~on to Co~c~l no later th~ its meeting on Monday, Janua~ 3~ 1977. The motion was seconded by ~. Th~ ~d ~an~ously a~opte~. ~n clarification of the motion, it was stated that the Co~c~l is re~st~ng a r~port from the Co~ittee conceding the overall ~tter of ~e business license tax ~n ~e City o~ Ro~oke. F~DS-~I~-S~ ~ S~ D~INS= ~. WIll~G. Cr~asy, Attorney, representing the A~rlee Co~t Baptist Ch~ch~ appeared before Cocci1 ~d ~nqulred ~f s~e provision c~ be ~de to r~edy a fl~ding situation at ~e church since ~at ~ntersect~on is now being m~if~ed and since th~s re~est was ~nltlally ~de in 1973 ~d a solution was reache~ and concurre~ ~n by Co~c~ at that t~e. 134 (For full text, see cc~nunication as filed in th~ City Clerkta Office,) Hr. Thanes moved that the matter be referred to the Clty Hanager to discuss with Mr. Creas¥ and to submit a report to the Council at its meetlnq on Monday, December 6, 1976. The motion was seconded by)ir. Ta-~a and unanimous. ly adopted. PETITIONS AND COMMUNICATIONS: ASSESSOR-CITY EHPLOYF~S= A communication fro~Mr. Charles S. McNulty, Real Estate Assessor, advising that he plans to retire on January 26, 1977, was before Council. (For full text, see communication as filed In the City Clerk's Office.) Hr. Garland moved that the communication be received and ~lled with regret. The motion was seconded by Hr. Grove and unanimously adopted. ELECTIONS= A co~unu~ication from Hr. Andrew H. Thompson, Secretary oE the Electoral Board, transmitting certified copies oF the abstract of votes cast at the general and special elections of November 2, 1976, was before Council. Abstract o! Votes ~.~m.o, ~ .~. Workers Party ~ ~ ~ ~ew cameja, P~es~ and tg~e S3e Iteld, VTct P~e$~fent ~ PmlY~ ( 141 .) ~__ m m g m MP~IBER UNI'I~D STATES SENATI~ 135 136 I I I ~4~o Thanes moved tl~t ~.e o~unioat~on ~nd ~s~nc~ adopted, CE~B~TXONS~ A re~rt o~ ~e ~oke Valley C~ss~on re~est~ng ~mission to install a 100-year ~t~e capsule' on Ho~tain, as an approved B~cente~ial Probe=t, was ~fo=e (For full text~ see re~rt as filed In ~e City Clerk's Office.) ~. Ta-~n~ved that Co~c~l conc~ in ~e re.est and that the roll.lng Ordinance be placed upon ~ts first reading= (~23360) ~ O~I~CE grating ~iss~on to ~e Ro~oke Valley B~cen- t~ial C~lssion to arrange for the planting of a 19~6-2076 't~e capsule~ and ~=ker on ~e top of Hill Mo~tain, in obse~ance o~ the Nation's 200~ year of lndepend~ce. The motion was seconded byes. Bowles an~ adopted by the following AYe: Cocci1 m~ers ~wles, Garland, Grove, Hubard, Ta~n~ Th~s and~yor Taylor ................................... NAYS: None .....................................0. S~ ~D S~D~INS: Copy of Resolution No. 586 adopted by the Co~cil of the ~ of Vinton on Nov~r 9, 1976, re~esting that ~e city receive an est~ted flow of 1,000,000 gallons of sewage per day fr~Vinton, said esti~ted f~ow to be used ~til a new p~plng station and meter can be completed, was before Co.oil. (For full t~t, see Resolution as filed in the City Clerk's Office.) ~. Th~as moved ~at the Resolution be received and filed with ~e underst~ding that the City Attorney will prepare the appropriate response Resolution to the ~ of Vinton indicating the te~ ~d conditions upon which the accept~ce has ~en ~de. The motion was seconded by ~, Tau~ and ~ous!y adopted. ~PORTS OF OFFICE~: BUrET-WATER DEP~: The City ~nager su~itted a written report reco~ending au~orization for ~ increase in ~e consideration of ~e pro~rty to be ac~ired fr~ L. F. ~d Lucille H. Stultz for the Back Creek project, fr~ $200,000.00 to $200,696.00 due to an increase in acreage, ~d ~at $1,000.00 be appropriated to cover s~e and recording fees, etc. {For full text, see re~rt as filed in ~e City Cl~rk's Office.) ~. Grove offered the following ~ergency Ordinance appropriating $1,000.00 to ~n5 Purchase ~der Section ~2401, "Capltal Outlay From Revenue," of the 1976-77 budget: (%23361) ~ O~I~CE to ~d and reordain Section %2401, "Capital ~tlay fr~ Rev~ue," of the 1~76-77 Water ~d Appropriation Ordnance, providing for ~ ~erg~cy. (For full text of Ordinance, see Ordin~ce Book No. 137 138 Mr. Grove moved ~he adoption o£ the Ord~nanceo The motion was seconded by Hr. Thomas and adopted by the following votez AYESz Council members Bowles, Garland, Grove, Tau]renan, Thomas and Mayor Taylor ................................ NAYS~ None .......................0. (Mr. gubard wag out of the Council chamber) Mr. ThOmas offered the following emergency Ordinance amending ordinance No. 23061~ (f23352) AN ORDINANCE amending Ordinance No. 23061, adopted June 28, 1976, providing for the acquisition of certain properties situate in the County of Roanoke, for public purposes$ providing for the acceptance by the city of an assignment of certain Options to purchase said properties~ providing for exercise of the options provided for in said option agreements by giving written notice to the owners of said properties~ providing for the execution of any necessary contracts relating to the sale and purchase of said properties~ directing the purchase of such properties upon certain terms and conditions~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded hyMr. Taubman and adopted by the following vote: AYES: Council meddlers ~owles, Garlandt Grove, Taubman, ThOmas and Hayor Taylor ............................. 6. NAYS: None ........................0. (Mr. Hubard was out of the Councll chamber) BUDGET-PUBLIC WELFAItE: The City Hanager submitted a written report recommending that $3,000.00 be transferred from Purchased SerVices to Blind Purchased Services within the Human Services Department budget, to provide necessary services. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland offered the following emergency Ordinance transferring the requested funds: (123363) AN ORDINANCE to amend and reordain Section t1537, 'Social Services,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Garland moved the adoption of the ordinance. The motion was seconded by Hr. Grove end adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thc~as and Mayor Taylor ................................ 6. NAYS: None .......................0. (Mr. Hubard was out of the Councll Chamber) A~BULANCES: The Clty Hanager subm/tted a written report in connec- t[on with the request of Mr. Robert A. Gray, owner and operator of Gray's Ambulet Service, for a Certificate of Necessity for operation of an ambulet service in the city. (For full text, see report as filed in the City Clerk's Office.) The City Hanager advised t~et eince w~lting the above report, he has received addit£ona! lnfoz~atlon f~omKr. Cll[ton A. Woodrum, IIX, Attorney, representing United Ambulance Service, Incorporated, ~hat he would like the opportunity to check Into this ln£ormation in more detail prior to the Council taking any action on the re~ort ~nd requested that action on the report be deferred until Monday, December 6, 1976. Hr. Taub~n moved that Council concur in tho request of the City Manager and that action on the report be deferred until the regular meeting of Council on Monday, December 6, 1976. The motion was seconded by N~. Grove and adopted. TAXES-REA~ ESTATE ASSESSMENT~ As previously requested by the Council, the City Manager s~bmitted a written report In connection with the city levying and assessing taxes and providing appraisals for real estate taxes on a flsoal year basis rather than a calendar year basis, advising that with the uncertainties contained in the conversion, tha administration cannot at this time reco=end a chnnge in the budget fiscal syste~awhich might result in a shortfall in this year~s revenues since this would have a definite effect on next year*s budget. (For full text, see report as filed in the City Clerk's Office.) Hr. Tan~m~n moved that Council concur in the recommendation of the City Manager and that the matter be reconsidered at a later date. The motion was seconded by Rrs. ~owles and u~animously adopted. In this connection, the City Attorney submitted a written report relative to procedures required for changing from a calendar year to a fiscal year method of real estate tax assea~ent and collection. (For full text, see report as filed in the City Clerk's Office.) Hr. Tau~man ~oved that the report he received and fi~ed. The motion was seconded by Mr. Grove and unan~ously adopted. WATER DEPARTHENT= The City Manager submitted a written report in connection with water service to the Pebble Creek Apartment complex, requesting Conncil~s concurrence //% providing water service through the present meter sod with the service line being within the easement already retained by the developer and that Council concur with the waiving of Rule~ 6 and 8, Section 5, Chapter 1, Title 12 of the City Code for the Lmmediate future but having the authority to reimpose these requirements should future circumstances require {For full text, see report as filed in thc City Clerk*s Office.) Hr. Hubard moved that Council concur in the recommendation of the City Manager. The motion was seconded by Hr. T~-~n and thnanlmously adopted. Hr. Th~nas moved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Taubman and unanimously adopted. GENERAL DISTR~CT COURT: The City Manager submitted a written report recommending that a contract he executed with Hodges Lumber Company in the amount of $429.00 for installation Of a new collection window for the General District Court Traffic Division. (For full text, see report as filed in the City Clerk*s office.) J. 39 140 ~o Hubardmoved tha~ Council concu~ ~ the report of the Clty Nanager. The ~otlon ~as seconded by ~. Th~s ~d~usly adopted, ~. Th~s ~ved ~a2 ~e~tter be refer~ed to ~e City Attorne~ for p~eparation oE the proper~asu~e. ~e m~tlon ~as eeconded and ~usly adopted, p~ ~D P~YGRO~DS-SCH~ The C~ty~nager s-~m~tted a ~tten re~rt re=~ing au~or~zation to ~ecute Ch~ge Order No. 3 to ~e contract w~ Davis H. E~ott C~any for cons~uct~on ~ lighting of the Fa~lon Park ~seba~l D~d, to provide for a t~e ~tension of f~fteen days. (For fu~ text~ see re~rt as fl~e~ ~n the C~ty C~erk's ~. Hubar~ moved ~at Co~c~l conc~ In ~e re.rt. The ~tion was seconded by ~. Grove an~ ~an~ous~ a~opte~. ~. Hubara move~ that the ~tter ~ referred to the c~ty Attorney for preparation of ~e proper measure. The motion was secon~e~ by ~. Grove and ~an~ously adopted. p~NG-~OHO~-DRUGS= The C~ty~nag~r s~tted a written re~rt rec~en~ng a~option of a Resolution concurring ~n a request of ~e Fifth Plannlng Distr~ct Co~iss~on recognizing the F~f~ Plannlng D~str~ct Drug an~ Alcohol ~use Coordinating Co~c~l as the sole s~stan=e abuse pla~ing authority for the Fifth Planning Distr~=t. (For full t~t, see re~ort as file~ ~n ~e City Clerk's ~. Hubar~ move~ that Co~ci~ concur ~n the report and refer ~e ~tter to the City Attorney for preparation of ~e proper measure. The motion was ~econ~e~ by ~. Th~s ~ ~an~ou~ly POLICE DEPART~-F~ DEP~T= The City Manager s~m~tte~ a written report listing perso~el ch~ges in the Police and the F~re Depar~ents during the mon~ of ~tober, 19~6, advising ~at there were two vacanuies in the Fire Depar~ent an~ five vacancies in ~e Police Depar~ent with ~irteen ~sitlo~s frozen. {For full text, see re~ort as file~ in ~e City Clerk's ~. H~ard~v~d ~at the re~ort ~ received ~ f~le~. The motion was secon~e~ by ~. Th~s ~ ~an~ously adopted. CO~CIL= The City ~nager su~itte~ a written report requesting an ~ecutiv~ Session with the m~rs of Co~cll to discus~ a p~rsonnel ~tter. ~. Tarn move~ ~at Cocci1 meet in ~ecut~ve or closed session wi~ the City Manager ~d the City Attorney conceding certain p~din~ perso~el ~tters. The motion was seconde~ by ~. Thuds an~ adopte~ by ~e foll~ing vote= AYe= Co~c~l m~r~ ~les, Garland, Grove, H~ard, Ta~, Th~s an~ ~yor Taylor .............................. 7. NAYS= None ................................O. T~FIC= The City Attorney su~tte~ a wr~tte~ re~rt tr~smltt~g ~ Or~n~ce which would ~ke lawful, on ~d a~ter J~ua~ 1~ 19~, certain r~ght tu~s on re~ signal llghts at traffic signal contro11e~ intersections p~aces. (For fu~l t~t, see re~ort as f~le~ ~ ~e C~ty c~erk's Off~ce.) Hr. Nubardmoved'that the £ollowlng ordinance be placed upon Its first readingi (~23364) AN ORDINA~iCE ~mending and reordaining Sec. 17, Signals by lights or semaphores, of Chapter 1. Traffic Code, of Title XVIII. Hotor Vehicles and Traffic, of the code of the City of Roanoke, 1956, as amended~ defining the meaning and legal effect of certain vehicular traffic signal lights or semaphores and certain use thereof~ and providing for the effective date of such amendment. The motion was seconded by Mrs. Bowles and adopted by the following VOte: AYES~ Council members Bowles~ Garland, Grove, Nubard~ Taubman, Thomas and liayor Taylor ............................... 7. NAYSI None .................................0. ANNP~ATIOH-~ATBR DEPARTMENT-SEWERS AND STOP~4 DRAINSI As requested by the Council, the Acting Director of Finance submitted a written report delineating the cost to the city to pick up the difference between city and county rates for water and sewag~ for those customers in the annexed area, advising that it would cost the city in excess of $150,000.00 to assu~e the sewage treatment rate differential and in excess of $31,500.00 to assume the water rate differential. (For full text, see report as filed in the City Clerk's Office.) Mr. Taubm~n called attention to the various actions taken by the Council in connection with assisting annexed residents in this matter and moved that the report be received and filed with the idea in mind that tho Council will continue to do everything possible and will give consideration to those citizens who are presently at a disadvantage. The motion was seconded by Hr. Grove. Mr. Garland offered a substitute motion that the Acting Director Of Panance be requested to advise the Council of the cost of deleting the twenty per cent utility tax on water in the newly annexed area for those persons not presently being furnished water by the City of Roanoke and that the report include a breakdown of industry versus household users. The motion was seconded by Mr. Hubard and unanimously adopted. Hr. Curtis W. Fitzgerald, 4024 NorWood Street, appeared before Council and made reference to his communication under date of October ll, 1976~ wherein the followlng three alternatives were listed: (1) im~edlate installation of parallel sewer and water lines, (2} subsidize the excess charges (over and above those charged by the city of Roanoke} billed to him by the Authority, and (3} protect his interests in Court, including in~tulctlve action to prevent cut-off of his water and sewer service by the Roanoke County Public Service Authority. In reference to the suggestion Of legal representation by way of injunc- 141 the Council of the city's legal position if the citizens in the annexed area pay their sewer and water bills to the City of Roanoke rather than the Roanoke County Public SerVice Authority. The motion was seconded by Mrs. Bowles and u~animously adopted. BUDGET-PUBLIC HEL~AI~ Th~Act~ng Director of Finance submitted a star--nh of e~endlt~es for p~lio ~elfare for ~e ~n~ ended Dec~e~ 31, 1976. (For full t~t, see statist as filed In ~e City Clerk's Office.) ~. H~a~d~ved th~2 the s2~2~en2 be ~ece~ved and f~led. ~as seconded b~ ~. Grove and ~an~ously adopted. B~ET-~E S~NG= The Ac2ing Director of F~n~ce s~itted a ~r~tten repo;2 ~tting ~ OrdLn~ces to prope;ly ~e~lec2 the ~a;terly ~ece~p~ oE Federal Revenue S~r~ng. (For full t~, see ze~rt as filed in the City Clerk's office.) Hr. Th~s oifered the follo~inq~er~ency Ordinance decreasin~ by $~6,272.09 Salaries and ~a~as ~der Section flitS, '~efuse Colleckion,' and ;~ dec;easinq by ~93,094.45 ~alaries and Wa~es ~der Section i1~45, 'Volice Depa;~ent~' o~ the 1976-77 budget: ($23365) ~ O~I~CE ~o ~end ~d zeordain certain sections oE ~e 197~-77 ~p~oprlation Ordin~ce, and V~ov/d/n~ for an ~ez~ency. (For full text of Ordinance, see Ordinance ~ok ~. Th~s moved 2h~ adoption of the O~dlnance. The motion was seconded by Hr. Tmu~ and adopked by the roll.in7 vote: AYES: Co~cll m~ez~ Bowlea, Garland, G~ove, Hubazd, Tarn, Tho~s and Mayor Taylor .............................. NAYS: ~one ................................. 0. ~. Thomas offered the roll.lng ~ez~ency Ordin~ce increasin~ b~ $3~,272.09 Salaries and Hages ~der Section $1669, 'Reluse ~creasing by $93,084.45 Salaries and Waqes ~der Zection $1345, 'Vol/ce Depaz~t,' and decreasing by $129,366.54 Revenue Sharin~ Fund of ~e budTet: (S23366) ~ O~I~CE to ~end and ~eo=dain certain sections oE ~e 19~6-77 Appzopriation Ordin~ce, and providing for an ~er~enc~. (For full text oE Ordln~ce, see Ordinance B~k No. Hr. Th~ moved the adoption oE the Ozd/n~ce. The mot/on was conded by ~. Hubard and adopted by the foll~i~$ vote: Th~as and ~yoz Taylor ................................ 7. ZONING: The City Plying C~isslon s~itted a ~itten report reco~ding ~at Sections 7, 8 ~d 26 of the zoning Ordinance ~ ~ded to pe~it to.houses to be constructed as a ~tted use in RG-1, RG-2, ~d C-1 Districts of said Ord~ce. (For full text, see report as filed in ~e City Clerk's office.) ~. Th~s'~ved that Co.oil hold a p~llc hearing on ~e ~tter at 7:30 p.m., Monday, Dec--er 13, 1976. ~e motion was seconded bye. H~rd ~d un~ously adopted. STREETS AND AIJ~EYS~ The City Plann£ng Con~nission s-~ltted a written report in connection with the request of Watson Funeral Supply, Incorporated, to vacatet discontinue and close a portion of Warwick Streett So M.~ recc~mending that the request be granted. (For full text~ see report as filed In the City ClerKte Office.) Mr. Thomas moved that Council hold a public hearing on the matter at 7:30 p.m., Honday, December 13~ 1976. The motion was seconded by}tr. Taubman and unanimously adopted. STREETS AND ALLEYS: The City Planning Com~Lles£on sul~nltted a written report in connection with the request of Wometco Coca-Cola Bottling C~pan¥ of Roanoke~ Incorporated~ to vacate~ discontinue and close certain Portions of three alleyways located to the east of Moorman Road between Loudon Avenue and Centre Avenue, N. W.t recor~aending that the request be granted. (For full text, eec report as filed in the City Clerkts office.) Hr. Thomas moved that Conncll hold a public hearing on thc matter at 7=30 p.m., Monday, December 13, 1976. The motion was seconded hymn. Tau/~nan and unanimously adopted. STREETS AND ALLEYS: The City Planning Commission ~ubmitted a written report in connection with the request of Hr. WilliamWatts and Southwest Virginia Con, unity Development Fund ~o vacate, discontinue and close a 50-foot wide unopened portion of Connecticut Avenue, N. E., beginning at the ~esterly street line of Sixth Street and proceeding in a westerly direction to dead end as shown on Hap of Dean~ Terrace~ running between ~lock 2& and Block 33~ recommending that the request he granted. (For full text, see report as filed in the City Clerk's Office.) Hr. Thongs moved that Council hold a public hearing on the matter at 7:30 pom., Monday, Dece~Lber 13, 1976. The motion was seconded by Hr. Taub~an and unanLmously adopted. REPORTS OF COH~ITTERS: AUDIT CO~HITTEE= Hr. Hubard, Chairman of the Audit Committee, presented minutes of the meeting held on Monday, November 15, 1976. {For full text, see m~nutee as filed in the City Clerk's office.) Hr. Hubard also presented copy of a co~n~ulication from Peat, Marwick Mitchell & Company setting forth their comments relating to matters of internal control that they noted during their examination of the financial statements of the City of Roanoke for the year ended June 30, 1976, together with their recommendations for improvements. (For full text, see communication as filed in the City Clerk's Office.) Hr. Hubard also presented copy of a statement of General Fu/ld Financial Highlights for the fiscal year ended June 30, 1976. (For full text, see statement as filed in the City Clerk's Office.) Hr. Hubard moved that the minutes, communication and statement of financial highlights he received and filed. The motion was seconded by Hr. Thomas and unanimously adopted. 143 144 SEWERS AND STORH DPAINS-ANNEXATION~ Mr. Thomas, Chairman of the Water Resources Committee, sulm~ltted a written report mn connection with the Ore Branch Interceptor Sewer~ reco=~nending that Council adopt a Resolution ask/ne the County of Roanoke and/or the Roanoke County Public Service Authority tO advise the city In a timely manner of their Intent in providing in the design and construction of this sewer line for the sewage flows from the Back Creek area. {For full text, see report as filed in the City Clerk's Office.) Mr. Th~e offered the following Reaolutlon~ (%23367) A RESOLUTION expressing the City's willingness to Join with the County of Roanoke and/or the Roanoke county public Service Authority, as their interest may appear, in the development of a joint use interceptor sewer project in the Ore Branch Watershed located in both the City of Roanoke and the County of Roanoke, such interceptor sewer line to either serve or exclude a portion of the Back Creek Watershed in Roanoke County~ upon certain terms and conditions. (For full text Of Resolution, see Resolution Book No. Mr. ThC~s moved the adoption of the Resolution. The motion was seconded by Hr. Hubard and adopted by the £ollowing vote= AYES= Council members Bowles, Garland, Grove, Bubard, Tau~man, Thcxnas and ~iayor Taylor ............................. 7. ~iA¥S= l{one ............................... 0. BUDGET-SE~ERS AI~D STO~ DRAINS: Mr. Thc~nas, Chairman of the Water Resources Co~ittee, submitted a writt~ report recommending that the offer of Mra. Minnie A. Blackburn to sell to the city Lots 16 and 17, Block 5, Eastover Place, in the vicinity of the Sewage Treatment Pla~t, for the s~m of $3,000°00, he accepted, and that sufficient funds be appropriated for sa~e. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas offered the followlng e~ergency Ordinance appropriating $3,000.00 to Land Purchase under Section %2401, 'Capital Outlay Prom Revenue,' of the 1976-77 budget: (%23368) AN ORDINANCE to a~end and reordain Section ~2401, 'Capital Outlay from Revenue,' of the 1976-7~ Sewage Treatment F~tndApproprlation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thoma~ moved the adoption Of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote= AYES= Council members Bowles, GarLand, Grove, Hubard, Taub~an, Th~s and}layer Taylor ............................. 7. NAYS: None ...............................0. Mr. Thomas offered the following emergency Ordinance providing for acquisition of the property= (%23369} AN ORDINANCE providing for the Clty~s acquisition of Lots 16 and 17, Block 5, of theM ap of Eastover Place in the City of Roanoke~ upon certain term~ and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thews moved the adoption of the Ordinance. The motion vas aeconded by Hr. ?a.h~ and adopted by the following votes AYES~ Council me-~bera ;~elee~ Garland, Grove, Hubard~ Taul~an~ Th~nas and Mayor Taylor ............................ 7. NA¥S~ None ..............................0. BUDGET-DIRECTOR OF FINA.NCE~ Mr. Hubard, Chairman of the Committee Appointed TO Screen the Candidates for the Offices of Director Of Finance and City Attorney s~lb~itted a written report advising that the ~n a position to make a recommendation to the Council for a new Director Of Finance. In a discussion o[ the mortar, Hr. Hubard advised that the oonunlttee received over one hundred applications for the position from peopie with varying and substantial backgrounds, that the c~m~tttee interviewed ~he top candidates and has agreed unanimously upon a recon~nended replacement, that the matter has Been discussed with the entire Council and there is a consensus of opinion that the position will be offered to the ~ncumbent Comissioner of Finance of the State of Vermont~ Hr. Joel H. Schlanger. Mr. Hubard then placed in nomination the name of Joe! H. Schlanger as the Director of Finance for the City of Roanoke for a term eommencing January 1, 1977, and ending September 30, 19~8. There being no further nominations, ~r. Schlanger Was elected as Director of Finance for the City of Roanoke for a term commencing January 197~, and ending September 30, 1978, by the following vote: FOR M~. SCHLANGER= Cottnci[ members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..................... Hr. Hubard moved that the Council approve Hr. $chlanger's salary at ~ange 38, Step 4, in the City's Pay and Classification Plan. The motion was seconded by Hr. Thc~mas and unanimously adopted, Hr. Hubard offered the followlng emergency Ordinance appropriating $2,500.00 to Other Services and Charges under Section %0101, 'Cotmcil,# of the 1976-?? budget, to provide funds in connection with moving expenses incurred by Hr. Schla~ger from Barre, Vermont, to Roanoke, Virginia= (~23370} AN O~DINANCE to amend and reordain Section %0101, 'Council,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr, Hubard moved the adoption of the Ordinance. The motion was seconded by }tr. Taubman and adopted by the following vote: AYES: Couno£1 members Bowles, Garland, Grove~ Hubard, Taubman, Th~nas and Mayor Taylor ............................. NAYS= None ...............................0. Mr. Hubard moved that the Council approve payment of Hr. Schlan~er's moving expenses fram Barre, Vermont to the City of Roanoke, in an amount not to exceed $2,500.00. The motion was seconded by Hr. Thomas and unanimously adopted. 145 146 PUBLIC NBLPARE: liro~amee Ao Allison~ ~r., Chairperson of the - AdViSOry Board of H~ Se~lces~ appea~ed before Co~cil and p~ea~ted a~ual re~r~ of ~e Mviso~ ~ard of ~ Se~lcea ffo~ ~e peri~ from Novae= 1~75 to~r 1976. (For full t~t, see re.ri as filed In ~e City Clerk's Offlce.) ~. Hubard ~ved that ~e re~=2 be ~eceived ~d filed vl~ appreciation. The motion ~as seconded by ~. Grove ~d ~an~ously adopted. U~Z~IS~ BUSZ~SS~ CONSID~TION OF C~SI HONE. ~NTRODUCTION ~D CONSID~TION OF O~I~C~S ~ ~SOL~IONSI ZON~NGI Ordnance NO. 23348 rezoning pro~rty l~ated in ~e 300 block of W~s Argue, S. W., descried as ~ts ~, 8 and 9, Block 14~ ~change Build~g & lnves~ent C~ny, official Tax Nos. ~030907, 1030908 ~ fr~ RG-2~ G~eral Residential Dlstrict~ to C-I~ Office and Institutional District, ~v~g previously be~n ~fore Co~cil for its first reading, read ~d adogte~ on its f~t reafling and laid over, was again ~fore ~e ~y. Mrs. Melinda B. Carlisle appeare~ ~fore Co~cil and read a prepared stat~ent in op~sition to the request for rezon~g. Resident~ of old ~outhwest and representatives of all ~e Nelg~orho~ Alliances w~e also present. (For full t~t, see ~tat~ent a~ filed in the City Clerk's Office.) The ~ayor advised of a conversation he ~d wi~s. Carlislu and others dur~g ~e latter part of the week of NoV~ 15~, an~ he got the ~gression ~t the group ~uld l~e for the matt~ to be referred back to ~e City Pla~lng Co~ission for ano~er hearing in order ~t ~e residents ~y properly preset ~eir case. ~. ~es ~. ~rner, Jr., Attorney, repres~ting Dr. Gar~er, opposition to referring the ~tter back to the Planning Co~isslon, advising that all the legal pr~edures were properly followed by his cll~t and is referred back to the Planning C~ission, additional ~nses will by Dr. Gar~er. After a diszussio, of the ~tter, ~. Garl~d move~ ~at rezon~g be referred back to ~e City Pla~ing Co~ission for f~rther considera%ion for and report to th~ Co~cil as s~n as possible and if necessa~, ~at ~e C~isslon hold a special me,ting to handle the ~tt~ as ex~editiou~ly a~ possible. The motion was seconded by ~. Tau~n and ~an~ously adogte~. Dr. Gar~er ~inted out ~at r~gardless of ~ outc~e of ~e rezoning, he ~t~ds to raze ~e houses ~ question an~ the t~ants ~v~ been giv~ 120 days~ notice to vacate. Mrs. Jo~ Jo~stone, Jr., 363 Walnut Avenue, S. W., appeared before Co~cil in support of the re~est for rezon~g~ advising ~at ~e const~ction of a civic in ~is area will be a step In ~ right direction. ~. ~s moved t~t Ordinance No. 2]348 ~ tak~ ~der advis~ent ~til such t~e a~ ~e Co,cji receives a report fr~ ~ City Pl~g Co~ssion ~d at ~t t~e it is to be ~dersto~ ~at Ordinate No. 23~48 will come before ~e Cocci1 for its second reading. The motion wa5 seconde~ H~ard ~ ~an~ously a~opted. STREETS AND ALLEYS* Ordinance NO. 23349 permanently vacating, discon- tinuing and Closing a portion of that certain1 alleyway extending In a westerly directloh between Block 14~ Exchange Building & Xnvestment Company Map and Block l, Janette Land Company Map, from its intersection with Franklin Roadt having previously been before Council for Its first reading, read and adopted on its first reading and laid over, was again before the body. After being advised that Ordinance No. 23349 Is related to the above request for reson~ngt Mr. Hubard moved that action on the second reading be tabled until such time as the City Planning Co~mtission su~nits further report on the rezonJ~%g with the understanding that Ordinance No. 23349 will come before the Council on Its second reading at that time. The motion was seconded by Mr. Thomas and u~animously adopted. WATER DEPARTMENT: Ordinance No. 2335i providing for and directing the Director of Finance to return certain water department deposits now held by the city, having previously been before Council for its first reading, read and adopted on its first reading and lald over, was again before the body; whereupon, Mr. Thomas, Chairman of the Water Resources Co~nittee, submitted a written report recommending that Ordinance No. 23351 be amended to provide for a $5.00 turn-on fee, and that the provisions of the Ordinance become effectivel January l, 1977. (For full text, see report as filed in the city Clerk's Office.) The City Attorney submitted a written report transmitting an am~ndud version of Ordinance No. 23351 which provides for a $5.00 turn-on fee, as per recommendation of the Water Resources Co~nittee. (For full text, see report as filed in the City Clerk's office.) Mr. Thomas moved that the reports be received and filed. The motion was seconded by }tr. Hubard and unanimously adopted. Mr. Thomas offered Ordinance No. 23351 as amended, for its second reading and final adoption: (123351) AR ORDINANCE amending and reordaining Rule 5, of Sec. 5. Rules and Regulations, of Chapter 1. Water Department, of Title XII. Water., of the Code of the City of Roanoke, 1956, as amended, by providing for water deportment deposits in certain instances; and directing the Director of Finance to return certain water department deposits now held by the City. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance as amended. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ........................... NAYS: None ............................ 0. Mr. Thomas then offered the following emergency Ordinance discontinuing the charge of $1.00 for the discontinuance of water service for nonpayment of bills: 147 1'48 (%23371) AH ORDIHA~CE amend:~.ng and reordaining Rule 31, o£ Bec. 5. Rules and Regulations, of chapter 1. Water Department, of Title XII. Water, o~ the Code of the City of Roanoke, 1956, as amended, by discontinuing the charge of one dollar ($1.00) for the discontinuance of water service for nonpayment of bills! providing for the effective date of eald amended Rule 3Ii and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thc~nas moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES~ Council members Bowles, Garland, Grove, Hubard, Tau~an, Thc~aas and Hayer Taylor .............................. NAYS= None ................................0. BUDGET-SCHOOLS-ZONING-BOARD OF EQUALIZATION OF REA~ ESTATE= Council at its Financial and planning Session on Honday, November 15, 1976, having instructed the city Attorney to prepare the proper measure transferring $11,623.00 from Combined Federal Programs to Combined Federal Programs under Section %1901, 'Schools," appropriating $1,000.00 to Combined Federal Programs under Section %1901, "Schools," appropriating $700.00 to Supplies and Haterials and $1,100.00 to Other SerVices & Charges under Section %0618, 'Board Of Zoning Appeals," and appropriating $2,500.00 to Personal SerVices under Section %0605, 'Board o~ E~,/~lizat~on of Real Estate,' of the 1976-77 budget, he presented same~ whereupon, Mr. Bubard offered the following ~mergency Ordinance: (%23372) AN ORDINANCE to amend and reordain certain sections of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Tarn and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taub~an, Thomas and Mflyor Taylor ............................ 7. NAYS= None ..............................0. In connection with the ~atter of adjusting the filing fee for appeals to the Board of Zoning Appeals to cover the cost Of operating th~ office, the City Manager submitted a written report advising that this matter is being referred to the Board for review and reco~mendation. (For full text, see report as filed in the City Clerk's office.) Mr. Hubard moved that the report be received and filed. The motion was seconded by Mr. Grove and unanimously adopted. BUDGET-SCHOOLS= Council at its Financial and Planning Session on Nonday, November 15, 1976, having instructed the City Attorney to prepare the proper measure transferring $30,000.00 from P~leigh Court Elementary School to Woodrow Wilson Junior High School under Section %80000, 'Transfers Within C.I.P. FLuid,' of the 1976-77 budget, he presented sa~el whereupon, Mr. Hubard offered the folloWing emergency Ordinance: (%23373) AN ORDINANCE to amend and reordain Section %80000, "Trans- fers Within C.I.P. Fund," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. ~r. Nubard moved the adoption of the Ord~nanceo The motion was seconded by M~o Thomas and adopted by the follo~ing vote~ AYES~ Council members Bowles~ Garland, Grovs~ Hubard~ Taub~an, Thomas and ~yor Taylor ........................... NAYS: None .............................. BUDGET-GPANTS~ Council at its Fina~cial end planning Session on Monday, November 15, 1976, hay/rig instructed the City Attorney to prepare the proper measure appropriat~ng $7,~16.00 to T.A.P. Huitl-Llngual Newsletter Other Services and Charges under Section %3515, "Urban Incentive Fund,' Of the 1976- ?? Grant VrogramAceoant~ he presented same~ whereU~°n, Hr. Taubman offered the following emergency Ordinance~ (%233?4) AN ORDINANCE to amend and reordain the City of Roanoke"s 1976-77 Grant Program Account, and providing for an emsrgency. (For full text Of Ordinance, see Ordinance Book No, Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by M~. Hubard and adopted by the followlng vote= AYES: Council members ~owles, Garland, Grove, Hubard, Taubman, Thc~as and Hayer Taylor ........................... ?. NAYS: None .............................0. AIRPORT: Council having been advised at its Financial and Planning Session on Ronday, ~ovem~er 15, 197~, Of the need to a~und Ordinance ilo. 23341 relative to the acquisition of 6.244 acres of land, with severance day, ages and air rights, from}tr, and Hrs. Jerry H. Garst, said property being wanted Md needed for the construction of navigational aids at Roanoke Municipal Airport, Woodr~m Field, in the amount of $38,376.00, the City Attorney presented a measure amsnd//lg Ordinance No. 23341; whereupon, Mr. Taubman offered the following emergency Ordinance= (%23375) AN ORDINARCE amending Ordinance No. 23341, adopted November 1, 1976, directing and providing for the acquisition of certain properties wanted and needed by the city for the construction of navigational aids at Roanoke Municipal Airport, Woodru~ Field, upon certain terms and conditions~ providing for the city's acquisition of said properties by condemnation, under certain circemstances; authorizing that a motion be made for the award of right of entry on each or any of said properties for the commencement of said constr~e- tion; authorizing the execution of certain agreements with the Department of Highways and Transportation of the Commonwealth of Virginia to construct and maintain the aforesaid navlgatienal aids across U. S. Interstate 561~ authorizing the City Manager to apply for the appropriate grants from the Governments of the United States of America and the Co~onwealth of Virginia for reimbursement of costs for the aforesaid acquisition~ authorizing the City Manager to transmit to the Federal Aviation Administration a letter Of the city's intent to enter into License Agreement No. DOT-FA77EA-8620 to provide for a Medium Intensity Approach Light System with Runway Alignment Lights (MALSR) to serve Runway 5 at Roanoke Munlclpal Airport, Woodru~ Field, upon the acquisition of the necessary propertles~ by authorising an increase in the p~rchase price to be offered for the purchase of one (1} parcel of land hereinafter mentioned~ and providing for an emergency. 149 150 (For full text of Ordinance, see Ordinance Book No, ~c. ?aubman moved the adoption of ~he Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote= AYES~ Council members Bowles, Garlandw Grovew Hubard~ Th0~aa and Mayor Taylor ...........................7. NAYS~ None ..............................0. COUNCIL~ Council having directed the City Attorney to prepare the proper measure accepting Proposal No. 1 of the bid of Lee Hart/nan & Sons, Incorporated, for providing and installing a complete and operating microphone system with a multiple output distribution network adequate for press, radio and television coverage for the City Council chambers~ for a total lump sum price of $9,404.00, he presented sa~e; whereupon, Hr. Thomas offered the followin~ emergency Ordinance= (S23376) AN O~DINANCE accepting Proposal NO. I of Lee Hartman and Sons, Inc., for providing and installing a complete and operating microphone system with a multiple output distribution network adequate for press, radio and television coverage for City Council Chambers, authorizing the proper city officials to execute the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Hr. Thc~as moved the adoption of the Ordinance. The motion was ~econded by ~r. Grove and adopted by ~1~ following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taut~man, Thomas and Mayor Taylor .......................... 7. ~L~YS: None ............................ 0. In this connection, Hr. Grove moved that the City Attorney be instructed to prepare the proper measure accepting the bid of Lee Hartman and Sons, Incorporat for Proposal No. 3 to provide a sound reinforcement system to be used with microphone and multiple electronic distribution system for sound relnforce~uent in the Council Chamber proper and other designated areas, for the lump sum price of $3,689.50. The motion was seconded by Hr. Taubman and unanimously adopted. PA~KING GARAGE= Council having directed the City Attorney to prepare the proper measure approving issuance of Change Order No. 4 to the clty~s contract with Pebble Buildlng Company for construction of the city's new mun£cipal parking garage on Church Avenue, S. W., to provide for certain changes in the work to be performed resulting in a reduction of the contract amount and to provide for an extension of the contract time for completion of the work, he presented same; whereupon, Hr. Hubard offered the following emergency Ordinance= (S23377} AN ORDINANCE approving issuance of Change Order NO. 4 to the city's contract with Pebble Buildlng Company for construction of the cityts new municipal parking garage on Church Avenue, S. W., to provide for certain changes in the work to be performed resulting in a reduction of the contract amount; to provide for an extension of the contract time for completion of the work~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote= AYES~ Council members Bowlest Garland, Grove, Hubard, Ta~an, Thomas and Mayor Taylor ........................... NAy$~ None ......................0. SCHOOLS= Council having directed the City Attorney to prepare the proper measure providing for the city's acquisition of certain land necessary for an entrance to William Fleming High School frae Highland Farm Road, N. W., he presented same! whereupon, Mrs. Bowies offered the following emergency Ordinance= (~23378} AN ORDINANCE providing for the city's acquisition of certain land necessary for an entrance to W£11tam Fleming High School from Highland Farm Road, N. W.~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption Of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES= Council members Bowlesw Garlandw Grove, Hubard, Taubman, and Mayor Taylor ........................... 6. NAYS: None ......................0. (Hr. Thomas was out of the Counc£1 Chamber) SE~RS AND STOP~I DRAINS: Council at its Finanoial and Planning Session on Monday, i~ovemb~r 15, 1976, naving instructed the City Agtorney to prepare the proper measure approving issuance of Change Order No. 2 to the contract with Bryant's Plumbing and Heating Corporation for the construction of the Trout R~n Interceptor Sewer Line, he presented salae~ whereupon, Mr. Grove offered the following emergency Ordinance= (%23379) AN ORDINANCE approving the City Hanager~s issuance of Change Order No. 2, as hereinafter set forth, to the City's contract with Bryant's Plumbing and Heating Corporation, for the constr~ction of the Trout Run Interceptor Sewer Line - Project NO. C-510-493-03; providing for notification of the issuance of said change order to be given to the Virginia State Water Control Board a_nd to the Environmental Protection Agency, and that s~lbseguent formal approval of said change order be sought frown the Virginia State Water Control Board and the F~virorunental Protection Agency, all as ~ade and provided by rules, regulations and guidelines of said agencies~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Grove moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard und adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, and Mayor Taylor ................................6. NAYS: None ............................0. (Hr. Themes was out of the Council Chamber) SEWERS AND STOP~ DRAINS= Council at its Financial and Planning Session on Monday, November 15, 1976, having instructed the City Attorney to prepare the proper measure approving issuance of Change Order No. 2 to the contract with 151 Hurray Run Sewer Interceptor, he presente~ sa~e! whereuponw Hr. Thc~as offered the following emergency Ordinance~ (%23380) AN ORDINANCE approving the Clty Manager~s issuance of Change Order No. 2, as hereinafter set forthw to the city's contract with Aaron J. ~nterceptor - Project No. C-510-473-01~ provid~ng for notification of the issuance of said change order to be glVe~l to the Virginia State Water Control Board and to the Environmanta! ProtectionAgency, and that subsequent formal approval of said change order be sought frc~a the Virginia State Water Control aoard and the Environmental Protection Agency, ail as made and provided by (For full text of Ordinance, see Ordinance ~ook No. seconded by ~tr. Hubard and adopted by the following vote: Thc~fls and Mayor TayLor ............................ ending Ju/~e 30, 1977, and called for nc~ations to fill the vacancy. There being no further nominations, Mr. Kurshan was elected as J~/~e 30, 1977, by the following vote= is a vacancy on the Hoard of Adjustments and AppeaLs, Building Code, due to the resignation of Mr. S. Lewis Lionberger for a term of five years ending September 30, 1981, and called for no~inatlons to fill the vacancy. Hr. Grove placed ~n nc~ation the na~e ofHr. J. Oliyer Ste~n. of the Board Of Adjustments and Appeale, Building Co~e, for a term of five years ending Septe~aber 30, 1981, by the following vote; that there is a vacancy on the Fair Housing Board due to the resignation of Mrs. Mabel N. Marmion for a term ending March 31, 1977, and called for no~inations to fill the vacancy. Mr. Hubard placed in nomination the na~e of Mr. Earl B. PulLen. There b~lng no further naalnatlone, Hr. Pullen vas elected as a of ~e Fai; Housin9 ~ard to ~ill ~e ~e~l;ed tern of ~a. ~1 N. end~9 ~ch 31~ 1977~ by ~e roll,In9 FOR ~, PU~H~ Co~cil ~er8 ~les~ Garl~d~ Gr~e~ H~ard~ T~uh~n, Th~s ~d ~or Taylor ..................... 7. OT~R ~NGS OF C~CI~t The City ~nager s~tte~ a ~itt~ r~rt in co~ction w~ an ~nfo~l dicer meeting to ~ hoste~ by ~e Ro~oke City Co~c~ w~ the Co~clls of ~e Cit~ of Sal~ ~d ~e ~ of V~nton ~d ~e of Supe~lsors of ~anoke Co~ty, advising ~at fac~lit~es at ~e Roanoke ~ve been rese~ed for this purpos~ on Honday~ Dec--er 20, 1976, at 6~30 ~. Th~s moved ~at th~ info~ d~er meeting w~th ~e valley gove~g ~es be held on ~onday, Dec~er 20~ 1976~ at 6t30 p.m.~ and that the a~propr~ate ~nvitat~ons b~ ext~nde~ by ~e City ~nager. Th~ motion was seconded by ~s. Bowles an~ ~an~ously adopte~. AI~ORT= Earlier ~n ~e meeting, the Mayor was requested to ap~int a c~ittee to tabulate bids for a~terations to a~r cond~tion~ng at the Federa~ Aviation Authority ~ased ar~a in ~e Te~ina~ area of Ro~oke H~c~pa~ A~r~rt~ W~ Field. The ~yor a~vis~ that he i~ ap~int~ng M~s~rs. S~ H. II~, Charon, Kit B. K~ser ~d Tho~s F. Brady as m~ers of th~ There b~ing no further b~s~nes~, the Ha~or declared the adjourned. ATTEST City Clerk APPROVED Mayor 153 key 154 COUNCIL, SP~CI~LMF~TING, Monday, December 6~ 1976. The Council of the City of ~anoke met An special meeting im the Council Chamber In the Municipal Building, City of Roanoke, at 12=00 noon, Monday, December 6, 1976, withHayor Noel C. Taylor presiding. pRESENT= Council members Elizabeth T. Rowles, Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Ta~an, Hampton W. Thomas and ~ayor Noel C. Taylor .................................. ?' ABSENT= None ...................................0. OFFICERS p~EiENT= ~r. Byron E. Haner~ City Manager; Mr. Sam H. McGhee, IlK, Assistant City ~anager; }tr. James N. Kincanon, City Attorney; Mr. Charles R. Allen, Assistant City Attorney; Mr. Joh~ H. Mitchell, Acting Director of Finance; and Mrs. ~ary F. Parker, City Clerk. INVOCATION= The meeting ~as opened with a prayer by~ayor Noel C. Taylor. The City Clerk read a report from the City Manager advising that ~der the authority contained in Section 10 of the City Charter, he is requesting that the CoUncil convene in s special meeting at ~2=30 p.m., on ~onday, December The City Manager the~l requested that th~ CoUncil meet in E~ecutive Session to discuss a matter of possible litigation. Mr. Hubard moved that Council convene in Executive Session to consider a matter of potentia~ lltigatlon. The motion was seconded by }tr. Taubman and adopted by the followlng vote= and Mayor Taylor ..................................... ?- NAYS= None ................................0. After being advised that no official action would need to be takel~ by the Council after the Executive Session, the Mayor recessed the meeting until 2:00 p.m., at which time the Council would meet in regular session. COUNCIL, R~GUI~R HEET~.NO~ Monda¥~ December 6~ 1976o The Council of the City of Roanoke met In regular meeting in ~he Councl! Chamber in the Municipal Building, City of Roanoke, on Monday, December 6, 1976, at 2 p.m., the regular meeting hour, withMayor Noel C. Taylor pres[ding. PP~SENT= Council m~mb~ra Elizabeth T. Bowles~ Robert A. Garland, Lucian ¥. Grove, William S. Hubard~ Nicholas F. Ta,,~n, Hampton W. Thomas a~dMayor Noel C. Taylor .................................7. ABSENT~ None ..................................0. OFFICERS PRESBNT= Mr. Byron E. Haner, Clty Hanager; Mr. Sam H. McGhee, I~It Assistant City Manager; Mr. James N. Kl~cano~, City Attorney; Allen, Assistamt City Attorney; Mr. John H. H£tchell, Acting Director of Finance~ and Mrs. Mary F. Parker, City Clerk. I~OCAT~ON= The meeting was opened with a prayer b~ the Reverend Mr. WllliamG. Hock, ~astor, Fifth Avenue United Presbyterian Church. PROCLAMATIONS= The Mayer advised that he has proclained the week Of December 6 - 12, 19~6, as Christmas Seal Week in the City of Roanoke and requested city citizen~ to use Christmas Seals on thsir Christmas ~il. (For full text, see Proclamation as filed in the City Clerk's Office.] DI~CTOR OF FINANCE: The Council having previously eleuted Mr. Joel M. Schlanger as Director Of Finance for the City of ~oano~e for a =erm c~mmenc£ng January l, 1977, and ending S~pte~nber 30, 1978, the Mayor introduced Mr. Schlanger a~t on behalf of the Co~ncil and citizens of the City of Roanoke, welcomed him to the city. CITY ATTORNEy= Mr. H~bard, Chairman of the Council Scroe/ling Committee for Appllcations for the Positions of City Attorney and Director of Finance, advised that the present City Attorney will retlr~ on January 8, 1977, that the committee has screened 23 applications and they have unanimously reco~aended to the Council, and the Council is in ~nanimous agreement, that the po~ition of Acting City Attorney should b~ offered to Mr. Wilburn C. Dibling, Jr., effective~i January 31, 1977~ whereupon~ Mr. Hubard placed in nomination the name of Wllburn C. Dibling, Jr., as Acting City Attorney, effective January 31, 1977, et Grade 38, Step 4 of the City's Pay and Classiflcation Plan. There being no further nominations, Hr. D~bling was elected as Acting City Attorney effoctlv~ January 31, ~9~?~ by th~ fo~owing vote= FOR MR. DIBLING= Council me~bers Bowles, Garland, Grove, H~bard, Taubman, Thc~as and Mayor Taylor ......................... Mr. Bubard offered the following emergency Ordinance appropriating $1,500.00 to Other Services & Charges under Section %0101, 'Council,' of the 1976-77 budget: (~23381) AN ORDINANCE to amend and reordain Section %0101, "Council," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. Mx. Hubard moved the adoption of the Ordinance. The motion was seconded by Mrs. Bo~les and adopted by the following vote: :1.56 AYES t Council me~bers ~les, Garland~ Grovo~ Hubard~ Taubman~ Thanes and ~or Ta~lor ................................ 7. ' ~YS~ None .................................. 0. ~. H~ard~ved ~t Co~c~l au~or~ze ~ent o~ ~v~ng ex~nses for~. D~bling fr~M[dlo~lan, V~rg~a, to ~e C~ty of Ro~oke ~n ~ ~t not to exceed $1~500.00. The motion was seconded by ~. Th~s ~d ~an~usly adopted. On behal~ o~ ~e Co~c~ ~d ~e citizens o~ ~e City of ~anoke~ ~e ~or welc~ed ~. and ~s. D~bl~ng to ~e c~ty. C~ ~Y~St The ~yor advised ~at rather th~ keep ~yone ~n the Co~c~l Char for an ~ece~sar~ly long per~ of t~, he wou~d like ~e concurrence of Co~c~l to take action on a re~rt of the Perso~el Board relative to the proposed new griev~ce procedure which was scheduled at a later ~[nt on the agenda. He ~inted out ~at prior to the Co~C~l meeting he received copy of a report from the Perso~el Board advising that ~e Board has decided to ~st~ne ~y dec~sion on the pro~sed new grievance proced~e ~til it has ~e op~rt~ity to do an ~ndep~ study of ~e clty~s pro~sed new Ordinance pertaining to Title II, Chapter 13, Sections 1 and 2 of The C~e of the City of Roanoke~ 1956, as ~ended. The ~yor also ~da reference to a c~icat~on fromm. Fred Weaver advising that if ~e Co~cil desires ~nput from one of the personnel ~ard m~rs, the ~tter should be deferred ~t~l Monday, DecOr 13, [976. (For full text, see re~rt and c~icat~on as filed in ~e City Clerk's Office.) ~ co~ection with the matter~ ~e C~ty Manager s~itted a written re~rt tr~smitt~ng a pro, Bed ~en~ent to T~tl~ I~ of ~ City C~e, providing for a more definitive perso~el-~nag~ent relations c~e for city ~ployees ~d for ~e establis~ent of a Depar~ent of Personnel ~nag~nt, an Affi~tive Action Office and the Personnel and ~plo~ent Practices C~[Ss[on. (For full text, see re~rt as filed in the C~ty Clerk's Office.) Hr. Tau~n moved that action on ~e proposed new grievance procedure ~d the report of ~e City ~nager be deferred ~til ~e next regular meeting of Co~cil on Monday, Dec--er 13, 1976, at 7:30 p.m., in order that ~e Chair- ~n of the Perso~el ~ard ~d/or o~er m~ers o[ ~e Board~y appear before ~e Co~c~l to address the ~tter. The motion was seconded by ~. Garl~d ~d ~an~ously adopted. ~ING OF C[TIZ~S UPON P~LIC~: BUI~INGS-SPEC~ PE~ITS= ~. W. He~ Fralin, Atto~ey, repre- sent~g Vinton Savings a ~ Ass~iation, appeared before Cocci1 regarding r~el~ng p[~s for the bu~ldlng on ~e sou~east co~er of Jefferson Street ~ Church Avenue an~ r~uested a fourteen inch overh~g over ~e sidewalk and that Co~c~l waive ~e provisions of Title 15, Chapter 12, Section 2, Sub- section 312 of The C~e of the City of Roanoke, 1956, as ~ended, to ~it ~is re~est. (For full text, see c~icat~on as f~led in the City C1erk~s Office.) The City ~ager advised ~at he has discussed ~e ~tter wi~ ~e Co~issioner of Buildings ~d they ~ conc~ ~n ~e re,est. Mr. Hubard~oyed that Council concu~ ~ the request of Vlnton Sav~ngs & Loan Association and ~at the ~tter ~ ~eferred to ~e Clt~ Attorney for pre~ration of ~e proof measure. The motion was seconded by ~. Grove and ~usly adopted. PETITIONS ~ C~I~TIONSI C~NC~L= A c~ication fr~s. Onie ~y~ President~ ~anoke ~ea ~ague of W~en Voters~ advising t~t the ~a~e has accepted ~e city's re,est to review th~ City Charter only as it relates to ~e City Cocci1 and the desirability of having a ward syst~ adopted ~ whole or in part~ was ~fore ~e (For full text, see co~icatiun as filed in the City Cierk~s Office.~ ~. Garland moved that the co~ication ~ received and filed. The motion was ~econded by ~. Th~s and ~a~imously adopted. In explanation of ~e motion~ ~. Garland stated it Is ~dersto~ that legal assistance will pr~ided by the City Attorney's Office and secretarial assistance will bepro- vided by the City Clerk's Office ~d meeting places will ~ arranged. ~GE ~OV~= A co~ication fr~. Paul C. Buford~ ~r., Chai~n, Roanoke Valley Regional Solid Wast~ ~nag~ent Board, requesting that ~. Joel M. Schlanger be appointed to fill the vacancy created by tho resignation of ~. A. N. Gibson on said Board for a te~ ending July 31, ~9~, was before (~or full text, see c~ication as filed fn the City Clerk's office.) After ~ing advised by the City Attorney that ~. Schlanger elected to the ~ard ~fore hfs actual te~ as Director of Ffn~ce co~ences, ~. Tau~n placed in n~ination the n~e of Joel M. Schlanger as a of the Roanoke Valley Regional Solid Waste Hanag~ent Board to fill the ~expired te~ of A. N. Gibson, resigned, ending July 31, 1977. There being no fur~er nominations, ~. Schlanger was elected as a m~er of ~e Roanoke Valley ~egfonal Solid Waste Manag~ent Board for a te~ ~dfng July 31, 1977, by the roll,lng vote: FOR~. SC~GER: Co~cil m~ers Bowles, Garland, Gr~e~ Hubard, Taub~, Th~s and Mayor Taylor .......................... P~S ~ P~YGRO~DS: A co~ication fr~. Fr~k C. ~rtin, Jr., Chai~, Co~cil Liaison Co~ittee, Hill Mo~tain Playhouse Board of Directors, advising that the Playhouse building should be razed, and re~estfng ~at Co~cfl ~e the land where the present Playhouse st~s or land in ~edfate vicinity available for lease for construction of a new Playhouse building, was ~fore ~e ~y. (For full text, see c~icatio~ as filed in ~e City Clerk's office.) After ~ing advised by ~e City ~nager that he concurs in ~e c~i- cation, ~. H~ard moved that Co~cil concur in ~e request of ~e Co~cll Liaison Co~fttee of the Mili Ho~tain Playhouse Board of D&rectors. The motion was seconded by ~. Grove and ~an~ously adopted, ~. Th~as moved that the ~tter be referred to ~e City Attorney for preparation of ~e proper measure. The ~tion was seconded by ~. Hubard an~ ~an~ously adopted. 157 158 ~J~IO-TFJ'r'VISIOHI A cc~unication frc~. 2. K. ~attera, Executive Vice P~esident~ ~oke Valle~ Cablevlsion, ~co~ated, s~tt~g a P~ogress ~ covering const~uction of ~e ~oke Valle~ Cablevislon S~st~, ~as before Co~cll. Clerk's Office.) ~. Garland moved ~2 the ~e~rt ~ received and f~led. The ~as seconded b~. ~d and ~an~ously adopted. CI~ ~ A c~lcat~on fromm, priscilla A. Tarplee, chai~n, Wonju Sister C~ty Co~ttee~ in co~ection wl~ a fr~ed s~lk scroll h~d-~roidered w~th an exact copy of ~e Declaration of Inde~ndence, recently presented to the c~ty~ suggesting that Co~c[~ refer ~[s ~tter to ~e Roanoke C~ty ~ts C~ission for rec~endation as to a suit~le l~ation for d~splay thereof, was before Cocci1. (For full text~ s~e co~cation as f~led in th~ City Clerk's ~, Tarn moved that the ~tter be refurred to ~e Roanoke City ~ts C~ss~on for study, re~rt and rec~en~at~on to Co~cil. The motion was seconded by ~. Grove ~d ~an~ously HOUSiNG-SLUM C~CE= A C~[cat~on fr~. R. R. Henley~ ~ecut~va Director, City of Roanoke Redevelopment and Housing Au~ority~ transmitting a ~tter of resignation ~r~. Char~es R. Merkel as a Co~issioner of the ~using Authority effective Nov~er ~6, 1976, was before Cocci1. (For ful~ text, ~ee c~ication as f~le~ in the city Clerk*s Office.} ~. Th~as moved that the resignation be accepte~ wi~ regret. The motion was seconded by ~. Ta~n and ~an~ously adopted. P~[NG: A co~[cation fr~. Jo~ H. Parrott tendering his resignation as a m~r of the City Planning Co~ission~ was before Cocci1. (For full text, see co~[cat[on as f[~ed ~a the C[ty Cl~rk~s Off~ce.) ~. Garland moved that th~ resignation be accepted wi~ regret. The motion was s~conded by ~s. Bowles and ~an~ously adopted. ~. Tarn place~ ~n n~nation the n~ offs. Sus~ S. to fil~ the une~[red te~ of ~. Parrott, resigned, ending Dec--er There berg no fur~er nominations, ~s. ~e was elected as a m~er of the City Planning Co~iss~on to fill ~e ~pired te~ of Jo~ H. Pa=rot ending Dec~er 31, 1978, by ~e followlng vote: FOR~. ~DE: Co~cil m~ers Bowles~ Garl~d, Grove, H~ard, Ta~n~ Th~as ~d~yor Taylor ........................ 7. ~PORTS OF OFFICE~: T~I~S: The C~ty ~nager s~tted a written report in connection w[~ t~icab rates~ reco~end~ng that Cocci1 grant ~e re,est of ~e various taxic~ c~p~ies who fall ~der ~e provisions of Section 18, cha~ter 1, Title 19, for a revision in said rates ~d that the City Atto~ey be requested to revise the City C~e accord~gly. (For full text, see re~rt as f~ed in ~e C~ty Clerk's Office.) Mr. Gr~e moved that the foll~ng ordi~ce be place~ u~n its f~rst ([23382) AH ORDINAnCE tO a~end and reordain Section 18 of Chapter Title XIX, of the Code of the City of Roanoke, 1956, establishing a schedule of rates to be charged and collected for the transportation of passengers within the City by certain public Vehlcleso The motion was seconded by Hr° Garland and adopted by the following AYES~ Council members ~owles, Garland~ GroYe~ Hubard~ Thomas and~ayor Taylor .................................. NAYS~ None ....................................0. In this connection, ~r. Richard F. Psnce~ Attorney, representing the taxicab cc~pa~ies~ appeared before Council and advised that this was a two- fold request~ one in reference to the taxicab rates and the other in reference tO relief from the license tax of $2.20 per $100.00 of gross receipts. He further advised that the license tax matter was referred to the Citizens~ Long Range Planning and Goal Setting Co~nittes for report to the Council no latsr tha~ January 3, 1977. ~r. Pence made reference to a communication from Mr. H. Bolllng Izard, Chairman of the Blue Ribbon Committee, addressed to the ~ayor~ in which he advises that the Co,nitres feels it should not approach the license tax matter by taking up individual requests but should prsecnt an overall report to the Council at some future date, and in view of the fact that the Co~naittee does net desire to take up the individual request of his clients, Sir. Pence requeste~ that Council refer the rmatter to the City Taxes Committee for study~ report and reco~=nendation to Council no later than January 3~ 1977. Mr. Garland moved that the request of the taxicab c~npanies for certain relief from the license tax be referred to the City Taxes C(~mmittee for study, report and recommendation to Council no later tha~ its regular meeting on Monday, January 3, 1977. The motion was seconded by Mr. Thomas and unanL~ously adopted. (The Council later during the meeting ~nan~nously voted to hold the Council meeting on T~esday, January 4, 197~, in view of the New Ysar~s holiday.) PLANNING-G~J~NTS: The City Manager s~itted a written report in connection with the Community Development Block Grant a~d as to when the of a systematic progra~ of designating areas of the city where a program s~nilar to that being established in Riverdale could be effectively conducted, and as to when each eligible area of the city could expect such a program to be conducted within that area. {For full text, see report as filed in the City Clerk's Office.) Mr. Grove moved .that the re~ort be received and filsd. The motion was seconded by Mr. H~bard and u~an~nously adopted. SEWERS AN~ STOR~ DRAINS: The City~anager submitted a written report ~ connection with the Airlee Co~trt Baptist Church dralnags problem, advising that no funds were appropriated in the budget to supply the est~nated $14,000.00 necessary for the project and if it is council's desire, the administration will finalize the plans and specifications and advertise and receive bids. (For full text, see report as filed in the City Clerk's Office.} 159 160 A discussion was held as to the possib£11ty of transferring the $14,000,~ frc~ another project, whereupon, the Clty Hanager stated that no capital ~unprovemen projects were presented to the Council for this fiecal year because of the austere budget situation. He pointed out that the budget Is tight and will be even tighter until the city knows what the state ia going to do Ln respect to cuts in funding a/Id the city should not commit itself to any more obligat£ons until it knows what effect this cut will have. Hr. Hubard moved that the drainage problem at the Alrlee Court ~aptist Church as wall as any other proposed capital improvement projects be referred to 1977-78 budget study. The motion was seconded by Hr. Thomas. Mr. WilliamG. Creasy, Attorney, representing the Airlee Court Baptist Church, pointed out that in 1974 Council want on record advising them that when the intersection was changed, the drainage systelawould be installed, that his clients honored this co~nlt~ent and did not pursue the subject any further, but they now feel the Council should taka the appropriate action to stand by its promises and alleviate the situation. Hr. Grove expressed the opinion that it would be well to advertise the project for bids which will take several weeks and when the bids come in, the Council will be in a better position to know what the financial situation Hr, Grove then offered a substitute motion that the City Manager be instructed to finalize plans and specifications and advertise for bids on the project. The motion was seconded by Hrs. Bowles and unanimously adopted. The Mayor requested that the record show that the money has not been appropriated and insofar as he knows, it is not available. CITY EliPLOyEES-BUDGET: The City Manager submitted a written report recommealding that Council eliminate certain listed personnel spaces and revise the current authorized manning at 1667 in lleuof the previously listed 1655. (For full text, see r~port as filed in the City Clerk's Office.) Mr. Hubard moved that the report be received and that Council concur in temporarily setting the manning limit at 1667 and that the ~tter be refer- red to the City Attorney and Acting Director of Finance for preparation cf the proper measure. The motion was seconded by Hr. Tho~as and tulanimously adopted. AIRPORT: The City Hanager submitted a written report in connection with airport land acquisition, recommending that the city continue with appraisals on needed property, seek long term options of those needed parcels and until the final outcome of the Blue Ridge Air Transportation Syste/u Study, be extremely cautious on actual purchases. (For full text, see report as filed in the City Clerkts Office.) A discussion was held in reference to whether or not it is in the best interest of the city to continue securing long term options until it is determined what the BRATSS study will indicate. Concern was raised over the cost of the appraisals, whereupon, the City Manager advised that the costs vary depending upon the co~lexlties of the properties. Hr. Hubard moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Tauhman and tulanimously adopted. WATER DEPARTMENTs The Clty Hanager sutx=itted a written report in connection with refunds and availability charges for the Heritage Acres Water System, advising that In accordance with the authority granted to his office by the rules and regulations for the extension of water lines, the city entered ~u~to an agreement with F. W. Finley Construction Corporetlon for the extension of the city's water system into the Heritage Acres subdivision, that also in accordance with the rules and regulations for water line extensions, this agree- ment provides that the developer will Install stub services to the lots developed from the water lines he constructs and be eligible for a refund of $200.00 for each residential service that becomes active during the Initial five year period and remains active for twelve consecutive months, that during this initial five year period, while the city is liable for the $200.00 refund, the city ts to collect an availability fee of $100.00 fro~ each service applicant as well as the prevailing fee for a new,tot charge currently at $50.00, that the developer has requested during this period of time that he is to receive the $200.00 refund that this refund be credited toward the availability charge Of $100.00 and the initial meter charge of $50.00, thereby reducing his possible refund to $50.00, that the developer's r~quest is commendable and, with the Council's concurrence, will be granted administratively hy an a/uend~ent to the original agreement. (For full text, see re~ort as filed in the Cit~ ~lerk's Office.) ~. Huhard moved that Council concur in the report. The motion was seconded by }{r. Garland and ttnan~mously adopted. TOT~J~ ACTION AGAINST'POVERTY IN ROANOKE V~-$CHOOLS= The City Hanager submitted a written report recommending authorization to sign e lease agree~ent with Total Action Against Poverty for use of the Harrison School property frown Dece_~ber 1, 1976, through Nove~nber 30, 1977. (For full text, see report as filed in theCity Clerk's Office.) ~r. Hubard moved that the following Ordinance be placed upon its first reading: (~23383) AN ORDINANCE authorizing and providing for the lease by the City of the former Harrison Elementary School site to Total ActionAgainst Poverty in Roanoke Valley~ upon certain terms and conditions. The motion was seconded by }ir. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and ~ayor Taylor .................................. ?. NAYS: None .............................. ~UDGET-G~A_NT$-GE/~F2{AL DISTRICT COURT= The City ~anager su~itted a written report recommending an appropriation of $6,4?4.00 in connection with approved Grant No. 76-A3421, to provide the General Distriot Court with two electronic cash registers with additional drawers. (For full text, see report as filed in the City Clerk's Office.} Mr. Tauf~an offered the following emergency Ordinance appropriating $6,087.00 to Other Equipment - C~neral District Court Equipment of the 1976- ~? Gra~t Progra~Account: 161 162 (~23384) AN ORDINANCE tO amend and reordain the City of ~oanoke'e 1976-77 Grant Vroqra~Account, and providing for an emozgency. (For full text of Ordinancet see Ordinance Book No. ~r. Tavh~ ~oved the adoption of the Ordinance. The motion was seconded by ~r. Hubard and adopted by the following vote: AYES: Cooncil m~ere Bo~leet Garland, Grove, Hubard, Taubman, ThOmas and Hayor Taylor ....................... ~ .... 7o NAYS= None .............................. 0. Hr° Tau~nan offered the following emergency ordinance appropriating $398.00 to Grant Local Cas~ ~atch under Section t0703, 'General District Court," of the 1976-?? budget: (~23385) AN ORDINANCE to amend and reordain Section ~0703, "General District Court,' of the 1976-?? Appropriation Ordina~ca, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Th0~as and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thc~as and Mayor Taylor ............................. 7. NAYS: None ...............................0. BUDGET-PUbLIC WELFARE: The City Hanager submitted a written re~ort recc~mending that $1,866.67 be appropriated to Day Care for Adults Develo~nen- tally Disabled under tho Human S~rvlces Department budget, to provide funds to purchase certain required services'Ltnder the Title XX A~en~me~t to the Social Security Act. (For full text, see report as filed in the City Clerk's Office.) Hr. Garland offered the foll°Wlng emergency Ordinance appropr~atlng the requested funds: {~23386) AN ORDINANCE to amend and reordain Section 11540, =Title XX, Services,' of the 1976-T? Appropriation Ordinance, and providing for an emergency. (~or fu~l text Of Ordinance, see Ordinance Book NO. Mr..Garland moved the adoption Of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council me~bers Bow~es, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................ ?. NAYS: None ..............................0. CX~Y EMPLOYEES: The City Manager submitted a written report advising of the intent to release city e~ployees at noon on Friday preceding Christmas Day and New Year~s Day, and recc~mend~ng that Monday, January 3 be authorized as a holiday and that the City Cod~ he modified to indicate when New Year~s Day falls on a Saturday, the Monday,next following shall be observed as a legal hollday as well as Christmas. (For full text, see report as filed ~n the City Clerk's Office.) Hr. Eubard moved that Counc£1 concur in the report and refer same to the City Attorney for preparation of the proper measure. The motion was seconded bY Mr. Grove and unanimously adopted. Hr. Hubard moved that the City Attorney b~ ~nstructed to prepare the proper measure cha~ging the Cotmcil meeting date to Tuesday, January 1977. The motion was seconded by Hr. Taub~an and tulanimously adopted. TAXES= The City Attorney submitted a written re~ort reccsmnending repeal of provisions purporting to ~mpose as a utility tax a tax on the sale of bottled gas, reporting the sa~e to be precluded.by general law and made ineffective by opinion of the Attorney General. {For full text, see report as filed in the City Clerk's Office.) Hr. Garland offered the following emergency Ordinance= {[23387} AN ORDINANCE repealing Sec. 8, Chapter 3~ of Title VI of The Code of the City of Roanoke, 1956, as emended, relating to a tax oa the sale of bottled gas~ fixing the effective date of such rspeal~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES= Council me~nbers Bowles, Garl~d, Grove, llubard, Taub~an, Thomas and Mayor Taylor ........................... 7. NAYS: None ............................. SEWEP~ AND STOP24 DRAINS= The City Attorney submitted a written report in connection with the request of the Town of Vinton that the city authorize receipt on and after December 1, 1976, of certain estimated sswage flow from Vinton, advising that he has been requested by the Vinton Town Manager to with- hold action on the reques~ for the time being. CFor full text, see report as filed in the City Clcrkts Office.] Hr. Thomas moved that Council concur in the request of the Town Of Vinton to wlthh~ld action and that the item be withdraw~ from the Co~cil agenda. The motion was seconded by Hr. Hubard and unanimously adopted. CITY ATTOPdiEY-DIRECTOR OF FINANCE: The City Attorney submitted a written report in connection with the residency requirement of the Director of Finance, calling attention to Section 15.1-51 of the Code of Virginia, 1950, as amended which contains a provision to the effect that 'Every city and town officer except the town attorney shall, at the time of his election or appolnt~snt have resided thirty days next preceding his election or appointment in such city or town unless otherwise specifically providsd by charter,' advising that he is of the opinion that the section has no applicabillty to the office of Director of Finance. The re~ort further dealt with the appointment of a City Attorney, advising that he is of the opinion that the CoU/lcil, pursuant to its Charter power, may appoint a~ Acting City Attorney without regard to residency, to serve ~ntil such time as the ~atter of residency of the City Attorney can be clarifled by the General Assembly, one Of the principal arguments for appoint- ment of an acting officia! being in order to provide continuity of the office pending securing of a person for the position who meets all technical qualiflea- tlons as well as s~bstantive q~allflcations. (For full text, see report as filed in the City Clerk's Office.] i. 63 1.!:6'4 Hr, Hubard offered a Resolution establishing a public hearing before the Council on Tuesdayu December 25~ 1976~ on proposal made by the Council that the General Assembly b~ requested to amend and reenact Section 8 of ~he Roanoke Charter of 1952~ es amendedw so as to provide that the officers elected by the City Council pursuant to that section need not be residents of the City of Roanoke at time of such election or during tenure in offlcei (~23388) A RESOLUTION proposing a certain amendment of the Roanoke Charter Of 1952, as amendedl and providing for a public hearing to be held upon such proposal. (For full text of Resolution, see Resolution Book No. Hr. Bubard moved the adoption of the Resolution. The motion was seconded by }ir. Taubman and adopted by the following votel AYES= Council members Bowlesu Garland, Grove~ Hubard, Taufanan, Thomas and Mayor Taylor .............................. ?. NAYS: None ................................0. PENSIONS: A report of the Board of Trustees, ~ployees~ Retirement System, transmitting the audited financial statements of the System for the year ended June 30, 1976, was before Council. (For full text, see report as filed in the City Clerk's Office.) In reference to consideration of a change in the investment pozlcy which would decrease the ratio of co=~uon stock investments and increase the ratio o~ bond investr~e~ts, ~..Thomas stated that in adopting the 1976-77 budget, the Coencil is funding the syste~ at the rate of 11.92 per cent and asked, if the Board makes no change in the investment policy or if the Board delays action On the change in investment policy, what are the short and long range effects of such underfunding to the system and what effect would such underfundlng have on the system if this decision is delayed for one year. Hr. Thomas then requested that the Acting Director of Finance Obtain this information from George B. Buck, Consulting Actuaries and advise the Council accordingly. Hr. Garland moved that the report he received and filed. The motion was seconded by Mr. Grove and unanimously adopted. PENSIONS: The Board of Trustees, Employees* Retirement System, submitted a written report in connection with the request of Hr. $ilas H. Weddle for an ad}estment for ten pension recipients, reecaunending no change in the current pension status of the pensioners and advising that the Board feels the increase previously granted to Hr. Weddle end the other pensioners listed in his con~unicatl~ have erased any inequities which may have existed between the Employees* Retiremen System and the old Police a~d Fire Pension System. (For full text, see report as filed in the city clerk's Office.) Hr. Weddle appeared before Coencil and requested that the maximum be raised from $300.00 to $360.00 per month. Hr. Thomas moved that the report be referred to 1977-78 budget study. The motion was seconded by Mr. Garland and u~auimously adopted. BUDGET-HUMAN liESDGRCES CO/~4ZTTEE: The Human Resources Co.~lttee submitted a written report reccenmending that $4,000.00 be allocated to the Western Virginia Emergency Medical Services (EMS} Council, Incorporated, to allow continuation Of EHS planning for ~mplementation of a federal gra~t to upgrade emergency medical services. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard offered the following emergency Ordinance transferring $4,000.00 frc~Contingencies to Western Virginia Emergency Medical Services under Section %1832, "Contributions and Subsidies,' Of the 1976-?? budget: {%23389) AR OP4)INANCE to amend and reordain Section %1832, "Contribution~ and Subsidies,' Of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote= AYES= Council members Bowles, Garland, Grovew Hubard, Taubman, Thomas and Mayor Taylor .............................. 7. NAYS= None ................................0. WATER DEPARTF~iNT= The Water Resources Committee submitted a written report in connection with a leasLng arrangement with the Tow~ Of Vinton for the Falling Creek Water Supply facility, referring the ~atter back to the Council as a whole for action on the question of Council"s willingness to lease this facility. (For full text, see report as filed in the City Clerk's office.) Mr. Thomas moved that the report be received and filed and that Council consider the matter as a co~ittee of the Whole. The motion was seconded by Mrs. Bowles and unanimously adopted. The Mayor suggested that Council meet in Executive Session to discuss the matter and, if it is Council's desire, take a vote on the question later during the meeting. Hr. Thomas moved that Council meet i~ Executive Session to discuss a legal ~hatter and a real estate matter attendant to the request of the Town of Vinton. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES= Council members Bowlesw Garland~ Grove~ ttubard, Taubman, Thebans and Mayor Taylor ............................ 7. NAYS= None ..............................0. SEWERS AND STORH DRAINS-EASEmENTS: The Water Reso~lrces Committee s~bmitted a written report recc~u~ending that the city express its intent to deed to the Church of God in Virginia a porsonal easement for a sewer llne under certain tel~s and conditions. (For full text, see report as filed in the City Clerk"s Office.} Mr. Thomas moved that Council concur in the report and that the matter be referred to the City Attorney for preparation of the pro,er measure. The motion was seconded by Mr. Ta~n and ~naninously adopted. 166 AIR~OR~ A cOmmittee ap~o~nted to s~udy proposals received for ~an- agement of ~u M~icipal Park~g Garage s~ltted a ~ltten te~rt ~at a contract ~ execute~ wl~ ~COA~ ~cor~rat~ for a 24 ~e c~ty hav~ng ~e option to ext~d s~e for t~ addit~onal for th~ stated fe~ and ~at ~e suppl~ental provisions stated ~n a Nov~r 29~ 1976~ letter ~ lnco~rate~ ~nto ~e contract agre~nt. (For full t~xt, se~ re~rt as f~led ~n the City Clerk's Office.) ~. Tau~n ~ve~ t~t ~ foll~ng Ord~n~ce be plac~d u~n f~rst (%23390) ~ O~CE accepting the pro~sal of ~C~, Inc.~ ~or ~aging ~e C~ty~s do~to~ m~ic~pal parking facility for a tem of two (2) years~ u~n certain te~s ~d cond~t~ons~ au~or~zing the proof C~ty officials requisit~ contract an~ ra]ect~ng al~ other bids. The motion was seconded bye. Grove and a~opte~ by th~ following vote: AYES= Co~cf~ m~ers ~wles, Gar]and, Grove, Hubard, Ta~ ~ ~yor Taylor ................................ 6. ~YS~ None ........................... 0. (~. Tho~s was out of the Co.cf1 Char) In this co~ectfon, the City ~nager s~itt~d a written report concurring in the reco~endatfon of the co~ttee. (For full text, see re~rt as filed fn ~e City Clerkts Office.} ~. Tau~ moved that ~e report be received an~ concurre~ fn by Council. The motion was seconde~ by ~. Hubard and ~ously adopted. S~ ~ S~D~NS: The Assessment Co~ittee in co~ectfon wi~ ~e Faf~land ~kes Sanfta~ Sewer project, s~ftted a written report advising ~at the Co~fttee would like to present its initial re~rt to the Cocci1 on Dec--er 13, 1976, ~d requesting ~hat the matter be carried ~der ~e Hear~g of Citizens portion of the agenda. (For full text, see report as filed fn ~e City Clerk's ~. H~ard moved that Co.cf1 concur fn the re.rt. The motion was seconde~ by ~. Tho~s ~d ~an~usly adopted. PAY P~= The Co~ittee appointed to tabulate bids received for a job classification ~d wage study s~ftted a ~itt~ re~rt rec~e~ding ~at the pro~sal of H~fcfpal ~vfsors, ~ncor~rated, ~n ~e ~o~t of be accepted. (For full text, see re~rt as filed fn the city Clerk's Office.} ~. Hubard offered the following ~ergency Ordfn~ce accepting proposal: (%23391) ~ O~I~CE accepting the pro~sal of M~icipal Advisors, Incor~rated, to conduct a job classification and wage study for the City of Roanoke~ au~orizing ~e proper =ity officials to exe~te ~e re~isite contract: rejecting certain other bids ~de to ~e City~ ~d providing for an ~ergency. (For full text of Ordin~ce, see Ordin~ce ~ok No. ~. Hubard moved ~e adoption of ~e Ordinance. The motion was seconded bye. Grove a~d adopted by the following vote: AY~Ss Council members Bowles, Garland, Grove, Rubard, Taub~an, Thomas and Mayor Taylor ............................ ?. NAYS: None .............................. AIRPORT: The committee appointed to tabulate bids received for alte- rations to air conditioning et the Federal Aviation Authority Leased Area in the Terminal area of Roanoke Municipal Airport, Woodru~ Field, submitted a written report noting that funds have not been appropriated for this project~ a~d recc~mending that the low bid of Valley Air Conditioning Corporation, in the amount of $34,730.00 be accepted. (For full text, see report as filed in the City Clerk's Office.) In this con~ection, the City Manager su~mltted a written report concurrir in the recom~endation of the committee and recommending that funds be appropriated for this purpose. (For full text, see report as filed in the city Clerk's Office.) Mr. Hubard offered the following emergency Ordinance transferring $20,000.00 froia Operational and Construction Equipment to Airport Air Condi- tioning and appropriating $17,500.00 to Airport Air Conditioning Lulder Section 12401, 'Capital Outlay From Revenue,' of the 1976-77 budget: (t23392) AN ORDII{ANCE to amend and reordain Section #2401, ~Capital Outlay From Revenue,' of the 1976-77 Airport Fund Appropriation Ordinance, end providing for an e~ergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Hubard moved the a~option of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the followlng vote: AYES: CoLtncll me~lbers Bowles, Garland, Grove, Hubard, Taubman, ~h~s and Mayor =ayl ........................... ?. NAYS: None ........................... O. Mr. Hubard offered the following e~ergency Ordinance accepting the proposal of Valley Air Conditioning Corporation: (123393} AN ORDI~L~NCE accepting the proposal of Valley Air Condition- lng Corporation to provide alterations to the air conditioning syGtem for the terminal building at Roanoke Municipal Airport, Woodrum Fieldl authorizing the proper city officials to execute the requisite contract; rejecting certain other bids made to the cltyl and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the followlng vote: AYES: Council members Bowles, Garland, Grove, Rubard, Taub~an, Thomas and Mayor Taylor ............................ NAYS: None .............................. Mr. Grove moved that the report of the City Manager be received and filed. The motion was seconded by Mr. Hubard and unani~nously adopted. UNFINISHED BUSINESS= ASSESSOR OF REAL ESTATE: Mr. Charles S. McNulty, Real Estate Assessor, having previously advised cf his plans for retirement effective January 26, 1977, the Mayor requested that Councilmen Williala S. Hubard, Nicholas F. Taubman and I~mpton W. ~hc~nas serve as the Screening CG~nittee to make reccmnendations to Co~cil concerning ~. Hc~ulty's replac~nt. ~U~C~ Co~cll ~v/n~ previously defe~ed acti~ on a ze~t o[ the Clty~nager zelative to the request of ~. ~zt A, Gray~ o~er ~d o~ator of Gray~s ~ule~ Se~lce~ for a Ce~tificate of ~ecessity for o~ration of an ~ulet se~ice in the city~ the ~t~e= vas again ~fo~e (For full text, see re~=t as filed in ~e City Clerk's Office.) The City ~aqer advised ~a2 he Is still In the process of checkin9 out ce;rain additional info~tlon ~d ~equested that ac21on on the re~zt ~ dele;ted ~til the re9ular meetin9 of Co~Cll on Honday, Dec~e~ 13, 1976. ~. Garland mov~ that Co~cil concur in ~e re~es~ of ~e City ~ager and that action on the ;epo;k be defer;ed ~til the meetin9 on DecOr 13th. The motion ~as seconded b~ ~. Th~S and ~an~ously adogted. I~ ~FE~D BUT STILL p~ING= The Citi Clerk presented a list o[ it~ referred buk still pandit9 fr~Au~sk 18, 1975, through 22, 1976. (For full text, see list as filed in ~e City Clerk's Office.) ~. Hubard moved t~t the llst be received and filed. The motion was seconded by ~. Tau~n ~d ~an~ously adopted. CONSIDE~T~ON OF C~: NO~. I~RODUCTION ~ CONSIDE~TION OF O~Z~CES ~D ~SOLUTIONS= ZONING-PO~O~I~S= Ordinance No. 23359 ~ending and reordaining Chapter 3. Offenses Against Morality and Decency, o~ T~tle XXIII. ~isd~eanors and Offenses., of The C~e of the City o! Roanoke, 1956~ as ~ended, by repeallng Sections 3.1, 4, 5~ 6, and 6.1, and adding sections 3.2 - 3.12, 4.1, 5.1 ~d 6.2, having previously been before the Cocci1 for its first reading, read and adopted on its first reading and laid over, was again before the b~y, ~s. Bowles offering the followlng for its second reading and final adoption: (%23359) ~ O~I~CE ~ending and reordalning Chapter 3. Offenses Against Morality and Decency., of Title ~II~. Misd~eanors ~d orrises., of the C~e of the City of Ro~oke, 1956, as ~ended, by repealing Sections 3.1, 4, 5, 6, ~d 6.1., and by adding new sections to be n~ered 3.2, 3.3, 3.4, 3.5, 3.6, 3.7~ 3.8, 3.9, 3.10, 3.11, 3.12, 4.1, 5.1, ~d 6.2. (For full text of Ordinance, see Ordin~ce ~ok ~s. ~wles moved the adoption of the Ordin~ce. The motion wa~ seconded bye. ~rland and adopted by the following vote: AYES: Co~cll m~ers ~wles, Garland, Tho~s ~d Hayor Taylor---4. ~YS: Co~cil m~rs Grove, Hubard and Ta~ .................. 3. ACTS OF AC~O~-C~B~TIONS: Ordln~ce No. 23360 granting pe~ission to ~ Ro~oke Valley Bic~te~ial Co~ission to arrange planting of a 1976-2076 =t~e capsule' and ~rker on ~e top of Hill Mo~tain, in obse~ance of ~e Nation*s 200~ ~ear of independence, having previously been before Co~cil for its first rea~ing, read ~d adopted on its first reading ~d laid over, was again before the ~y, ~. H~ard offering ~e foll~g for it; second reading ~d final adoption: (%23360) ~ O~I~CE grating pe~isslon to ~e Ro~oke Valley Bicente~ial C~ssion to arr~ge for ~e plating of a 1976-2076 't~e Capsule' (For full text of Ordinance, see Ordinance Book No. Rt. Hubard moved the adoption of the Ordinance. The ~otlon was seconded by H~. Taubman and adopted by the following vote: AYES: Council members ~owles, Garland, Grove, Bubard, Tau~man, Thomas and Mayor Taylor ................................. ?. NAYS~ None .................................. 0. TRAFFIC= Ordinance No. 23364 amending the traffic co~e to permit right turn on red mov~ment~ effective January l, 1977, having previously been before the Council for its first reading, read and adopted on its first read- ing and laid over, was again before the bO~y, Mr. Taubman Offering the follow- lng for its second reading and final adoption~ (%23364) AN ORDINANCE a~endlng and reordaining Sec. 17. Signals by lights or semaphores, Of Chapter 1. Traffic code, of Title XVIII. Hotor Vehicles and Traffic, of the Code Of the City of Roanoke, 1956, as amended, defining the meaning and legal effect of certain vehicular traffic signal lights or semaphores and certain use thereof~ and providing for the effective date of such amendment. {For full text of Ordinance, see Ordinance Book No. Mr. T~hm~n moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: CoUncil members Bowles, Garland, Grove~ Hubard, Ta~hman, Thomas and Mayor Taylor ........................... 7. NAYS: None .............................0. GENEraL DISTRXCT COURT: Counc£1 having directed the City Attorney to prepare the proper measure awarding a contract for installatlon of a new collection window for the Office of the Traffic Division of the General District Court to Hedges Lu~ber Company in the amount of $429.00, he presented same~ whereupon, Mr. Garland offered the following emergency Ordinance: (%2~394} AN ORDINANCE awarding a certain contract for installatlon of a new collection window for the Office of the Traffic Division of the City*a General District Court~ upon certain terms and cond£tions; and providing for an emergency. (For full text of Ordinance, see Ord£nance Book No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by M~s. Bowles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubma~, Thomas and Mayor Taylor .............................. ?. NAYS= None ................................0. PARKS AND PLAYGROUNDS-SCHOOLS: Council having directed the City Attorney to prepare the proper measure approving issuance of Change Order No. 3 in connection with the City's contract with Davis N. Elliott Company for the Fallen Park baseball diamond construction and light//lg, so as to provide for an extension of ti~e to complete the work and to provide for payment in full for all work heretofore completed by the contractor, he presented same; where- upon, Mr. Grove offered the following Resolution: 169 170 (~23395J A RESOLUTIOR approvln9 the Clty F, anager~s issuance o~Change Order No. 3 in connection with the City's contract with Davis H. Elliott Company for the Fallon Park baseball diamond~s oonstructio~ and lighting, heretofore authorized by Ordinance No. 22991t so as to provide for an extension of thne to complete the work and to provide for payment in full for all work heretofore completed by the contractor. (For full text of Resolutiont see Resolution Book No. Mr. Grove moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES= Counci! members Bowles, Garland, Grove, Hubard, Thcanas and Mayor Taylor ............................. 7. NAYS= None ...............................0. pLANNING-ALCOHOL-DRUGS= Council having directed the City Attorney to prepare the proper measure recognizing and recertifying the Fifth Planning District Drug and Alcohol Abuse Coordinating Council as the sole substance abuse planning authority for the Fifth Plannlng District of Virginia, he presented same~ whereupon, Mr. ThOmaS offered the following Resolution= {%23396) A RESOLUTION to recognize and recertify the Fifth planning District Drug and Alcohol Abuse Coordinating Council as the sole substance abuse pkanning authority for the Fifth Planning District of Virginia. {For full text of Resolutiont see Resolution Book No. Mr. Thomas moved the adoption of the Resolutlon. The motion was seconded by Hr. Hubard and adopted by the following vote= AYES: Council members Bowles, Garlandt Grove, Hubard, Taubman, Thomas and Mayor Taylor .............................. NAYS= None ................................0. COUNCIL: Council having directed the City Attorney to prepare the proper measure accepting Proposal No. 3 of the bid submitted by Lee Hartman & Sons, Incorporated, to provide a sou/~d reinforcement system to be used with microphone and multlple electronic distribution system for sound reinforcement in the Council Chamber proper and other designated areas, for the lump sum price of $3,689.50, he presented same; whereupon, Mr. Hubard offered the following emergency Ordinance= (t23397) AN O~DINANCE amending Ordinance No. 23376, adopted November 22, 1976, accepting Proposal NO. I of Lee Hartman and Sons, Inc., for provid- ing and installlng a complete and operating microphone system wlth a multlple output distribution network adequate for press, radio and television coverage for City Co~h~cil Chambers, by authorizing acceptance of Proposal No. 3 of Lee Hartman and Sons, Inc., in addition to Proposal No. 1, authorizing the proper city officials to execute the requisite contract; and providing for a/% emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taub~an, Thomas and Mayor Taylor ............................... NAYS= None ...................T ............. ~r. Hubard offered the following emergency Ordinance approprlat/ng ~13,593.50 to Capital Outlay under Section iOlO1, 'Council,' of the 1976- ?? budget, to provide sufficient funds for the equlpment~ (%23398) AN O~DINANCB to amend and reordain Section %0101, "Co,nell," of the 1976-77 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book NO. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Taub~an and adopted by the following vote: AYES~ Coanc£1 members Bowles, Garland, Grove, Hubard, Thc~as and Mayor Taylor ............................... 7. NAYS: None .................................0. HOTIONS AND HISCELLAREOUS BUSINESS: ANNEXATION-SCHOOLS: Mr. Tat~hmaefaoved that the Acting Director of Finance and the Assistant Superintendent for Business Affairs and Clerk of the Roanoke City School Board be instructed to advise the CoUncil at its next regular meeting on Honday, December 13, 1976, as to what they consider to be the financial result of the decislou of the reconvened annexation court in respect to school tuition and other matters which were recently handed down by the Court. The motion was seconded by Hr. Hubard and unanimously adopted. TRAFFIC= The Mayor advised that there is a vacancy on the Roanoke n~g~:way ~afety Commission created by the resignation of Captain h. ~. Kiaur for a term ending October 31, 1978, and called for nominations to fill the vacancy. Mr. Thomas placed in nomination the name of Hr. G. A. Hubbard. There being no further nominations, Mr. Hubbard was elected as a member of the Roanoke Highway Safety Commission to fill the unexpired term of Captain H. R. Kiser ending October 31, 1978, by the following vote: FOR HR. HUBBARD: Councll members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ......................... HEALTH DEPARTMENT: The Mayor advised that the terms of Dr. H. 'Robison and Mr. William R. Reid as members of the Mental Health Services Board of D/rectors will expire on December 31, 1976, that he is in receipt of a cc~umunlcation from Hiss Dorothy L. Gibboney, Chairman, Hental Health Services Board of Directors, advising that their records indicate that as of December 31, 1976, Dr. Robison will have served two successive three year terms and Mr. Reid will have served one three year term and the Code of Virginia specifies that no community Mental Health-Hental Retardation Services Board member may serve more than two successive three-year terms and requesting that Council take the appropriate action relative to these two impending vacancies so as to ensure continuity of full representation on the Board of Directors. (For full text, see communication as filed in the City Clerk's Office.) The Mayor then called for nominations to f£11 the vacancies. Hr. Nubard placed in nomination the name of Hr. Willlam R. Reid. There being no further nominations, Mr. Reid was reelected as a member of the Mental Health Services of Roanoke Valley Board of Directors for a term of three years ending December 31, 1979, by the following vote: 1_71 %72 FOR HR. REIDs Council mei~bere Bo~les~ Garland, Gro¥o~ Hubard~ Tau~aan~ Thomas and Hayer Taylor ..................... 7. Hr. Thomas moved that the cmunicatlon fro~ ~lss Gibboney be refer- red to the City Attorney to render an opinion as to vhether or not Dr. Robison may be reelected for another tbxen year term on the Hental Health Services of Roanoke Valley Board of Directors. ~he motion vas seconded by H~S. Bowles and unanimously adopted. CITY pLAN~ING= The Hayer advised that the four year terms of Hessrs. Henzy B. Boynton, John P. Bradshaw~ and Aylett B. Coleman~ end the term of Hr. 3ames E. Carpenter vho vas appointed to fill the unexpired term of Hr. James W. Burks~ Jr.~ vi11 expire on December 31, 1976, and called for nc~inatlons to fill the vacancies. Hr. Rubard moved that action on the matter be deferred until the regular meeting of CoUncil on Tuesday, December 28, 1976. The motion vas seconded by Hr. Taubman and unanimously adopted. pLANNIHG: The City Clerk reported that Hr. James E. Carpenter has qualified as a me~ber o£ the City planning Con~ission to fill the unexpired term of Hr. James W. Burke, Jr., resigned, ending December 31, 1976. Hr. Garland moved that the report be received and filed. The motion was seconded by Hr. Grove and unanimously adopted. OTIiER HEARINGS OF CITIZF2~S: STP~ET NAHES-ROUSE NUPLBERS: Hr. Richard H. Hart~ 1638 Stevart Avenue, S. E., appeared before Council and advised that he vould like to enter into the private business of painting house numbers on curbs in front of private hc~es. (See communication as £iled in the City Clerk's Office.) Hr. Taubman moved that the request be referred to the City Hanager fo~ study~ report and recommendation to Council. The motion was seconded by Hr. Garland and unanimously adopted. BUSES: The Hayer presented copy of a co~nunicatlon £romHr. James H. Turner, Jro~ Attorney, relative to the matter of t_ha aoutherly terminus of the South Roanoke bus route, requesting that instead of holding a special meeting of the Board of Directors of Greater Roanoke Transit Company immediately following the City Coancil meeting on December 13~ 1976~ to resolve the matter~ that the matter be considered by the Board of Directors at its regular meeting on Honday, December 20, 1976. (For full text, see com~nicatlon as filed in the City Clerk*s Office.) Hr. Garland moved that Council concur in tho request and that the matter be referred to the Board of Directors of Greater Roanoke Transit Company for consideration at its meeting on Honday~ December 20, 1976, at 2=00 p.m. The motion was seconded by Hr. Grove and unanimously adopted. at this point, the Hayer declared a recess in order for the Council to meet in Executive Session. At 5:00 p.m., the Co~ncil reconvened with Mayor Taylor presiding and all Council members present. WATER D~P.~T~: Hr. Thc~as, Chairman of the Water Resources Co~nittee advised that the Council and the Conm~ttee have for sc~e time considered the request of the Town of Vlnton to sell and/or lease the Falling Creek Water Supply facility, that it is obvious by reason of the amount of time the Committee and the Council have devoted to the subject they are quite concerned and wish they could reach an amicable answer but after due discussion and consideration, it is the sense of Council that lt would not be in the best interest of the City of Roanoke to divert itself of the Failing Creek water supply at this time and, for that reason, Hr. Thomas moved that the Clty Attorneybe instructed to prepare the proper measure to be addressed to the Town Of Vinton expressing the Council's concern OVer the Falling Creek Water Supply facility and its willingness to continue discussions on the subject of water at any time in the future, but also expressing the opinion that it would not be in the best interest of the citizens of the city of Roanoke to sell or lease the Falling Creek Water Supply facillty at this time. The ~tion was seconded by Mr. Garland and unanlmously adopted. There being no further business, the Mayor declared the meeting adjourned. APPROVED ATTEST= City Clerk Mayor :~ 73 COUNCIL, RE~ MEETING, Monday, December 13, 1976. The Council of the City of ~oanoke met in regular meeting in the Council chamber in the Municipal Building, City of Roanoke, on Monday, December 13, 1976, at ?z30 p.m., with Mayor Noel C. Taylor presiding. pRESENT= Council members Elizabeth T. Bowles, Robert A. Garland, Lucian ¥. Grove, Mllliam S. Hubard, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor .................................. 7. ABSENT= None ...................................0. OFFICERS PRESENT= Hr. Byron E. Haner, City Manager; Mr. Sam H. McGhee, III, Assistant City Manager; Hr. James N. Klncanon, City Attorney; Mr. James E. Buchholtz, Assistant City Attorney; Hr. John H. Mitchell, Acting Director of Finance; and Hrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend Ned W. Crumpacker, Pastor, Ninth Street Church of the Brethren. MINUTES= Copy of the minutes Of the regular meeting held on Monday, November 22, 1976, having been furnished each member of Council, on motion of Mr. Thomas, seconded by Mr. Hubard and unanimously adopted, the reading thereof was dispensed with and the minutes were approved as recorded. The Mayor welcomed Mrs. George L. Lemon and members of the Sing Out Roanoke Valley group to the meeting. They presented him with a Bicentennial Pledo- which the Sing Out group would like for the ~ty of PoanoPe an~ the State of Virginia to formally adopt. They also presented the Mayor with a plaque from Rumania. The Mayor advised that a copy of the Bicentennial Pledge would be given to each member of Council and it would be placed on the agenda of the next meeting of Council for appropriate action. Hrs. Lemon advised of the desire of the Sing Out Roanoke Valley Organization to undertake some type of project on an annual basis for the good of the Roanoke Valley. The Mayor assured her that the Council would discuss the suggestion and advise her accordingly. CITY GOVERNMENT: Mr. Sam Hancock presented the Mayor with a plaque displaying the city seal of the City of Kisuma, Kenya, and also presented brochures and photographs of a recent trip to Kisuma. CITY EMPLOYEES: The Mayor advised that at a later point on the agenda, the proposed new grievance procedure will be addressed, that there are a number of persons desiring to speak on the subject and he requested that those persons register their names and the organizations they represent with the City Clerk. HEARING OF CITIZENS UPON PUBLIC MATTERS: SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids for Fairfield Drive, Fallon Park, Miller Street and Shadeland Avenue storm drains, said proposals to be received by the City Clerk until 2:00 p.m., Monday, December 13, 1976, and to be opened at 7130 p.m., before the Council, the ~ayor 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= J. P. Turner Brothers~ Incorporated - ~ 34,003.95 E. C. Pace and Company - 36,205.95 Aaron J. Conner General Contractors, Incorporated - 40,031.40 Mr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and reco~endatlon to Council. The motion was seconded by Mr. Taubman and unanimously adopted. The Mayor appointed Messrs. Sam H. McGhee, III, Chairman, K. B. Kiser and Thomas Fo Brady as members of the committee. SEWERS AND STORM DRAINS= The Assessment Committee for the Fairland Lake and Glenavon Sanitary Sewer Project eubmitted a written report advising that the coats of this project to the City and the property owners are consider- ably higher than the cost of the last assessment projects which were undertaken in 1969 and 1970 in Jefferson Hills and Greenbrier Avenue and, additionally, the Committee has determined that on all past assessment projects the City and the abutting property OWners have shared equally in the cost of the project. (For full text, see report as filed in the City Clerk's Office.) Since a public hearing was being held on the matter and in view of the fact that several persons wished to be heard, Mr. Taubman ~ved that each speaker ~ limited to three ~inutes each. The motion %~as seconded ~y ~. Eubard and unanimously adopted. The Reverend Mr. Carl T. Tinsley, 2647 Springhill Drive, N. W., appeared before Council and advised that this area was annexed to the City twenty-five years ago, that since that time they have paid their taxes but they have not received the same services as other areas of the City and requested that Council give consideration to hearing the entire cost of installation of the trunk line. Mr. Larry Lyons representing the Trust Department of The First National Exchange Bank and also representing the interests of Ms. Ruth B. Lemon and P~. Arthur F. Hoback, and Mr. John Miller, Technical Advisor, spoke in reference to a tract of land knoWn as the Fairland Lake property. Mr. Miller made reference to a map of the project, advising that certain sections of the tract have little, if any, value to the property owners and certain portions could not be developed because of the topography and water levels in the land. He contended that this land already has sewer service, and they are not against the overall project but they are in contention with the amount of footage allocated to this particular tract of land. It was agreed that this was a technical matter and recommendations should come to the Council from the administration relative thereto. Mr. Lyons stated that the owners of the property have never had any plans for development of the land in the immediate vicinity of the lake and would be willing to consider the utilization of the land adjoining the lake for recreational purposes under some type of lease arrangement for the people in the co--unity. 375 17B Hr. ~ames ~, Jones, 2724 Heado~view Drive, N. H., stated ~lat he feels the City should bear the entire cost of the project and m~de reference to other areas of the City wherein the property o~mer was not requlred to hear any of the costs. The city Manager su~itted a written re~ort transmitting certain reconnnendations for assessments for public ~mprovements. (For full text, see report as filed in the City Clerk's Office.) After a very lengthy discussion of the matter and in view of the stated opposition, Mr. Grove moved that action on the reports be deferred untll the meeting of council on Tuesday, December 28, 1976, and durlnq thls period of time the Assessment Committee and the City Hanager be requested to make all information available to the people lnvolved in order that they will understand what is belng proposed. The motion was seconded by}tr. Taubmao and unanimously adopted. In explanation of the motion, Mr. Grove made reference to Title l?, Chapter 4, Section 2 of The Cede of the City Of Roanoke, 1956, as amended, advising that perhaps the property owners are not aware of this provision, that it should be reviewed w~th them and they should be given time for comments or feedback into the situation. ZONING: Council having set a public hearing for 7:30 p.m., Monday, December 13, 1976, on the request of York Forestry and Land Company that property located ~n the 900 block of Brandon Avenue, S. W., described as Lot 2?, Section 1, stratford Court, Official Tax No. 1250119, be rezoncd from l, General Residential District, to C-2, ~eneral Commercial District, the matter was before the body. In this connection, the City Planning Commission submitted a written report recommending that the request be denied. (For full text, see report as filed in the City Clerk's Office.) Two persons appeared before Council in support of the request for rezonin' and approximately fifteen persons appeared in opposition. Mr. Joseph P. Bounds, Attorney, representing the petitioner, appeared before Council in support of the request of his client, advising that his client intends to expand his present office facility. Be stated that the alley has been closed which provided for an additional twelve feet. He contended that the main objection of the City Planning Commission is that his client is invading a residential area, that presently his client owns York Forestry and Land Company, the building has been located there for the past twenty years, the homes were also there twenty years ago, they have lived together for this period of time without any problems and his client is simply requesting that Council grant what he feels is the best use for his property. Dr. Daniel Leavitt, lll00akwood Drive, S. W., stated that once the property is rezoned to C-1 or C-2, it can be used for any number of purposes, that the area is primarily residential at present with a few commercial properties, hut his main concern is that the area not turn into another Willia~son Road. He further added that residents were not aware of the proposed rezoning until recently when a notice of public hearing appeared in the newspaper and they were not informed of a hearing before the City Planning Commission. Hr. J. S. Fltz~atrick, 1921 ~ain Street, S. W., expressed concern over the possible spreading of other businesses into this area. After considerable discussion of the request, Hr. Grove n~ved that the Ordinance rezoning the property be placed upon its first reading. The motion was seconded by Hr. Nubard and lost by the following vote= AYES= None ................................................... NAYS= Council members Bowles, Garland, Grove, Hubard, Tauhman, Thomas and Mayor Taylor ........................................................ 7. STREETS AND ALLEYS= Council having set a public hearing for 7130 p.m., Monday, December 13, 1976, on the request of Hr. William Watts and South- west Virginia Community Development Fund, that a fifty-foot wide unopened portion of Connecticut Avenue, N. E., beginning at the westerly street line of Sixth Street and proceeding in a westerly direction to dead end aa showll on Map of Deanwood Terrace, running between Block 26 and Block 33, be vacated, discontinued and closed, the matter was before the body. In this connection, the City Planning Commission submitted a written report recommending that the request be granted. (For full text, see report as filed in the City Clerk's Office.} The viewers appointed to view the portion of the avenue submitted a written report advising that they have visited and viewed the portion of the avenue and they are unanimously of the opinion that no inconvenience would re- sult, either to any individual or to the public, from permanently vacating, discontin~ng and closing sane. (For full text, see report as filed in the City Clerk's Office.} Mr. Charles N. Osterhoudt, Attorney, representing the petitioners, appeared before Council in support of the request of his clients. No one appearing in opposition to the request, Mr. Thomas moved that the following Ordinance be placed upon its first reading: permanently vacating, abandoning and discontlnulngI {~23399) AN ORDINANCE and closing that portion of Connecticut Avenue beginning at the westerly street line of Sixth Street, N.E., and proceeding in a westerly direction to dead end as shown on map of Deanwood Terrace running between Block 26 and Block 33 of Deanwood Terrace, such street being an unopened portion of Connecticut Avenue, N. E., 50 feet wide, located in the City of Roanoke, pursuant to the provisions of Section 15.1-364 of the Cede of virginia, 1950, as amended. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .............................................. 7. NAYS: None .........................................0. STREETS AND ALLEYS: Councll having set a public hearing for 7:30 p.m., Monday, December 1], 1976, on the request of Wometco Coca-Cola Bottling Company of Roanoke, Incorporated, that certain portions of three alleyways located to the east of Moorman Road between Loudon Avenue and Centre Avenue, N. W., be vacated, discontinued and closed, the matter was before the body. In this connection, the City Planning Commission submitted a written report reco~unending that the request be granted. (For full text, see report as filed in the City Clerk's Office.) The viewers appointed to view the alleys submitted a written report advising that they have viewed the alley portions and they are unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing the portions of the alleys. (For full text, see report as filed in the City Clerk's Office.) Hr. James H. Turner, Jr., Attorney, representing the petitioner, appeared before Council In support of the request of his client. No one appearing In opposition to the request, Mr. Nubard moved that the following Ordinance he placed upon its first readingl (t23400) AN ORDINANCE permanently vacating, discontinuing and closing certain portions Of three alleyways located to the east of Moorman Road, between Loudon Avenue, N. W., and Centre Avenue, N. W., as are more particularly described hereinafter. The motion was seconded by Mrs. Bowles and adopted by the following AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS= None ..................................................... 0. STREETS A/iD ALLEYS= Council having set a public hearing for p.m., Monday, December 1], 1976, on the request of Watson Funeral Supply, Incorporated, that a tortion of Warwick Street, S. W., be vacated, discontinued and closed, the matter was before the body. In this connection, the City Planning Conuulsslon submitted a written report recommending that the request be granted. (For full text, see report as filed in the City Clerk's Office.) The viewers appointed to view the portion of the street submitted a written report advising that they have viewed the portion of Warwick Street and the adjoining alley and they are unani~nously of the opinion that no inconvenience would result to any individual or to the public from permanently vacating, dis- continuing and closing same. (For full text, see report as filed in the city Clerk's Office.) Mr. Clifton A. Woodrum, III, Attorney, representing the petitioner, appeared before Council in support of the request Of his client. No one appearing in opposition to the request, }ir. Thomas moved that the following Ordinance be placed upon its first reading: (%23461} AN ORDINANCE permanently vacating, discontinuing and closing a portion Of Warwick street, S. W., and an adjoining alley. The motion was seconded by Mr. Grove and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS: None .....................................................0. ZONING~ Council having set a public hearing for 7=30 p.m., Honday, December 13, 1976, relative to amending Sections ?, 8 and 26 of the Zoning Ordinance to permit tow~housea to be constructed as a permitted use in the RG-i, RG-2 and C-l Districts of the Zoning Ordinance, the matter was before the body. The City Plar~lng Commission submitted a written report recommending approval of the designation. {For full text, see report as filed in the City Clerk's Office.) No one appearing tn opposition to the proposed amendment, Mr. Thomas moved that the following Ordinance be placed upon its first reading= (%23402) AN ORDINANCE to amend and reordain Sections 7, 8 and 26, 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, to provide in the City's Zoning Ordinance that town houses may be con- structed in RG-I and RG-2, General Residential Districts, and C-1, Office and Institutional Districts, within the City as permitted uses. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................... 7. NAYS= Hone ......................................................0. PETITIONS AND COM~NICATIOHS: L!CFNSF~-T~S-C~OL!~, FUFL OIL: A co~unication from Mr. W. Bolling Izard, Chairman, Citizens' Blue Ribbon Long Range Planning and Goal Setting Con~nittee, advising that at the moment it would be impossible for the Committee to undertake the i~structions of Council in connection with the requests of the service station operators and taxi companies for rate and tax relief, was before the body. (For full text, see con%munlcation as filed in the City Clerk's Office.) Mr. Taubman called attention to a communication from Mr. James W. Heizer, Executive Secretary, Virginia Gasoline Retailers Association, Incorpora- ted, requesting that the matter be referred to the City Taxes Committee for study, report and recommendation to Council; whereupon, Mr. Taubman moved that the request of the gasollne dealers be referred to the City Taxes Corm~ittee for study, report and recommendation to Council by its meeting on Tuesday, January 4, 1977, if possible. The motion was seconded by Mr. Garland and unanimously adopted. REPORTS OF OFFICERS: BUDGET-GRANTS-JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT: The City Manager submitted a written report recommending authorization to execute appropriate forms for acceptance of a grant revision to provide for continua- tion of the probation officer training program of the Juvenile Court, the total amount of increase being $20,174.00, and that funds be appropriated for this purpose. (For full text, see report as filed in the City Clerk's Office.) 180 Mr. Nubard offered the following emergency Ordinance appropriating $38,6?8.00 to Personal Services and $1,670.00 to Travel and Education under Section ~A3574, 'Juvenile Court Training,' of the 1976-77 Grant Program Accounts (%23401) AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. ?' NAYS= None ....................................................0. Mr. Hubard offered the following emergency Ordinance appropriating $1,006.00 to Local Cash Match under Section ~0705, "Juvenile and Domestic Relations Court," of the 1976-77 Appropriation Ordinance: (~23404) AN ORDINANCE to amend ~nd reordain Section ~0705, "Juvenile and Domestic Relations Court," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Bubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubara, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. Mr. Garland offered the following Resolution authorizing the acceptance, execution and filing of the grant: (%23405) A RESOLUTION authorizing the acceptance, execution and fil- ing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of federal funds for continua- tion of the probation officer training program for the City's Juvenile and Domestic Relations District Court. (For full text of Resolution, see Resolution Book No. Mr. Garland moved the adoption of'the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. ROANOKE MEMORIAL HOSPITALS: The City Manager submitted a written report requesting authority to enter into an agreement with Roanoke Memorial Hospitals granting their request to construct bus shelters for use of employees and visitors of the hospital. {For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the request and refer same to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Taubman and unanimously adopted. PLANNING: The City Nanager submitted a written report advising that the Roanoke Consortium for Manpower Services Is requesting that the membership of the Manpower Planning Council be increased from twenty-five to thirty members. {For full text, see report as filed in the City Clerk's Office.) Mr. Hubard moved that Council concur in the report and refer same to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Thomas and unanimously adopted. ANNEXATION-SEWBKS AND STORM DRAINS: AS previously requested by the Council~ the Acting Director of Finance submitted a written report in connection with the cost of deleting the twenty per cent utility tax on water service in the newly annexed area for those persons not presently being furnished water by the city, advising that ass=ming there is no change in the status Of the lndepende£ water companies operating in the annexed area between January I and June ~0, 1977, the abatement of utility tax would result in a revenue loss for the six month period of approximately $11,800.00, that if the practice were continued beyond June 1977, the revenue loss would decrease as these customers are brought into the city's system; and the portion of the loss attributable to commercial and industrial accounts would be approximately $708.00 for the six month period. (For full text, see report as filed in the City Clerk's office.) Mr. Garland moved that the twenty per cent utility tax for water be deleted for those persons listed in the report of the Acting Director of Finance. The motion failed for lack of a second. }ir. Hubard moved that the report be received and filed. The Motion was seconded by ~r. Taubman and adopted, ~r. ~ar] an4 voting no. ANNEXATION-SCHOOLS-BUDGET: As previously requested by the Council, the Acting Director of Finance submitted a written report relative to the issue of the annexation court ruling as it might relate to any tuition payments to Roanoke County and certain other matters. (For full text, see report as filed in the City Clerk's Office.) Mr. Taubman moved that the report be received and filed. The motion was seconded hyMr. Hubard and unanimously adopted. REPORTS OF COMMITTEES: ACTS OF ACKNOWLEDGEMENT-AIRPORT: The Airport Advisory Commission submitted a written report requesting that Council support Airport Appreciation Days '77 to be held on May 21 and 22, 1977. (For full text, see report as filed in the City Clerk's Office.) Mrs. Bowles offered the following Resolution proclaiming the support of the Council: ($23406) A RESOLUTION proclaiming the Council's support for Airport Appreciation Days and establishing the dates for the City's ThirdAnnual Airport Appreciation Days. (For full text of Resolution, see Resolution Book No. Mrs. Bowles moved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ................................................... NAYS= None ..................................................... 0. sERVICE CBNT~R~ The committee appointed to study bids received for construction of a t~o-bay wash facility for the Public ~orks Service Center submitted a written report recommending that all bids be rejected, and that existing plans and specifications be used as the basis of an ultimate development for a wash facility with certain stated modifications. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland offered the following Resolution rejecting all bids receivedz (iii40?) A P.E$OLUTIOH rejecting all bids received for the construc- tion of a vehicular wash facility at the City's Public Works SerVice Center. (For full text of Resolution, see Resolution Book No. Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote: AYB$I Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ................................................... ?. NAYSI None .....................................................0. UNFINISHED $U$INE$S~ AI~BULANCB$: Council havin~ previously deferred action on a report of the Manager relative to a request of Mr. Robert A. Gray, Owner and operator of Gray's Ambulet Service, for a Certificate of Necessity for operation of an ambulet service in the city, the matter was again before the body. The City Manager submitted a further report reco~ending that Council consider a City Code amendment to provide a permit or license for a special purpose vehicle and that Mr. Gray be issued such a permit to continue to serve the public while at the same time not performing the same services as a bus, a taxicab or an a~mbulance and should the Council concur in this recommendation, the Code provision should be such that the City Manager would be authorized from time to time to review the services and establish the rates that could be charged for this service. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard 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 Mr. Garland and unanimously adopted. CITY EM~LOyBB$: Council at its last regular meeting on Monday, December 6, 1976, having deferred action on a proposed new grievance procedure for city employees pending recommendation from the Personnel Board, the matter was before the body. In view of the fact that a number of persons desired to be heard on the matter, ~tr. ~ubard moved that a time limit of three minutes each be imposed on each speaker. The motion was seconded by Mr. Grove and unanimously adopted. The Mayor advised that prior to the meeting the Council was furnished with a revised copy of the new grievance procedure dated 12-13-76; whereupon, the City Manager stated that it is the same document furnished to the Council under date of 12-9-76, the only difference being that the paragraphs were reworked but the wording is the same. 2ity Mr. Hubard moved that Council adopt the grievance procedure under date of 12-11-76 as presented. The motion was seconded by Hr. Grove. Mrs. Bernice D. Cheatham~ Chairman of the Personnel Board, appeared before Council and presented a report of the Board advising that as requested by the Council, additional input was obtained from city employees in an effort to construct a grievance procedure that will be fair and agreeable to city employees, that all concerns of the ~mployees have been heard and considered by the Board, transmitting the modified procedure which has been agreed upon by the Board and requesting that Council adopt the procedure as outlined. (For full text, see report as filed in the City Clerk's Office.) The Hayor having previously requested that those persons wishing to address the matter register their names and the organizations they represent with the City Clerk, the Mayor requested that the City Clerk call upon the first person listed; whereu~oe, the City Clerk called Mr. Beverly Mitchell, representing the Roanoke Firefighters Association to the podium. Mr. Hubard made reference to 1946 Senate Joint Resolution No. 12 wherein it provides that, 'It is contrary to the public policy of Virginia for any State, county, or municipal officer or agent to be vested with or possess any authority to recognize any labor union as a representative of any public officers or employees, or to negotiate with any such union or its agents with respect to any matter relating to them or their emplo~ent or service.' He added that as a fireflghter and/or citizen, Mr. Mitchell has every right to speak to the Council at any and every appropriate occasion and if he wants to speak in either of those capacities, he will listen to him, but he does not feel the Council should listen to him in his capacity as a representative of the Roanoke Firefighters Association. The City Attorney was then called upon to advise the Council if it may or may not hear Mr. Mitchell in his capacity representing the Roanoke Fire- fighters Association; wherein he stated that he agreed with Mr. Hubard in that the Council cannot recognize or negotiate with a labor union but he could not give a yes or no answer to the question of whether the Council would be recognizin or negotiating with a union if it listened to a representative ~f the union, that if the Council listened and took no action it would not necessarily be recognizing a union but if it listened and acted as a result of the request of the union, this could possibly constitute recognition. The Mayor asked Mr. Mitchell if, permitted to speak, in what capacity he would be addressing the Council; whereupon, Mr. Mitchell replied that he would be speaking as a representative of the Roanoke Firefighters Association. Mr. Hubard moved that the Council resolve not to negotiate with labor unions, that it is contrary to public policy of the State as stated by the General Assembly and that the Council not negotiate by entertaining remarks by labor unions. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman and Mayor Taylor ....................................................... 6. NAYS: Council member Thomas .................................1. Mr. Thomas stated it Is clear under State law tl~t the Council is not to negotiate with labor unlons, but It does not close the door to listening to any group at any time and it was for that reason he cast a negative vote. The City Clerk called Mr. Gerald Simmons representing the Roanoke Flrefighters Association to the ~odium~ whereupon, the Mayor advised, In view of the previous action of Council, he could not permit Mr. S~mons to address the Council in his capacity as a representative of the P~anoke Flreflghters Associa- tion. Mr. Siphons stated that he would like to speak as a firefighter. In his presentation, Mr. Simons agreed with Mrs. Cheatham that the Personnel Board listened to the city employees, hut that was all they did. He advised that he is trying to save the city money and called attention to the two suits presently pendin~ in Federal court and questioned where the money will come from if the city is found at fault in the suits. Later during the meeting, Mr. Slm~aons was questioned as to what he felt was wrong in the propose~ new grievance procedure and he stated that the main objection is with the City Manager having the final authority os dismissals, another area of concern is the Personnel and Employment Practices Commission which should be included in the grievance procedure and it should be set out as to how the Con=uisslon will be appointed, etc. Additionally, the procedure does not define grtevability, and the City Attorney will be the legal advisor. The City Clerk called Mr. Edward Tucker, an employee in the City Planning Department, to the podium; whereupon, N~. Tucker called attention to several versions of the grievance ~rocedure that have been in circulation, advising that he does not feel the city employees have had a chance to review the latest version under date of 12-13-76, and he does not feel the procedure would be in the best interest of the employees of the city. The City Clerk called Mr. William Rolyfield representing Citizens for Better Government to the podium; whereupon, Mr. Holyfield advised that he is concerned about the City Manager's dictatorship and it is time the Council stood up to him. The City Clerk called Mr. Nelson Reed representing the Roanoke Fire- fighters Association to the podium. The Mayor asked Mr. Reed in what capacity he would like to address the Council; whereupon, Mr. Reed stated that his presentation would be made as a member of the Fire Department, a city employee and a citizen of the City of Roanoke. Mr. Reed stated that the grievance procedure is one of the only means of recourse a city employee has and the morale of city employees would be higher if a democratic body such as the Personnel Board had the final authority in dismissals. The City Clerk called Mr. A. W. Cheatwood representing Concerned Citizens to the podium. Mr. Cheatwood advised that if Chapter 13, of Title II, of the City Cede is repealed and Chapters 13.1 and 13.2 are added in its place, the Council will become a party to the biggest fraud that has ever been brought about in the City of Roanoke, mainly a coverup for the misdeeds of the City Manager, that the Council should not take upon its shoulders to get Mr. Haner out of the predicament that he has brought upon hi,self and if this is done, the Council is asking the citizens of Roanoke to accept something less than a qualified man in his place. It had been intimated earlier that persons were not familiar with what was contained la the 12-13-76 version of the grievance procedure, therefor the Mayor asked if anyone would like for the grievance procedure to be read tn its entirety. The Reverend I~roy C. Roberts requested that this be done; whereupon, the City Clerk read In /ts entirety the grievance procedure as revised under date of 12-13-76. The Clty Manager sul~ltted a written report transmitting a proposed amendment to Title II of the City Code which provides a more definitive personnel- management relations code for city employees and for the establishment of a Department of Personnel Management, an Affirmative Action Office and the Personnel and Employment Practices Conunission. (For full text, see report as filed in the City Clerk's office.) Mr. Thomas questioned what the proposed amendment will do to the Personnel Department, whereupos, the City ~anager stated that during budget study Council approved the reorganization of the Personnel Department and this Ordinance will simply reduce that approval to writing. Mr. Nubard's motion to adopt the grievance procedure dated 12-13-76, seconded hy Mr. Taubman, was then adopted by the following vote: AYES= Council me~bers Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................... 7. NAYS= None .................................................0. Mr. Hubard then moved that the following Ordinance adopting the grievance procedure be placed upon its first reading: (~2340~) AN ORDINANCE approving and adopting a new Grievance Procedure promulgated by the City's Personnel Board and approved by the City Manager; and fixing the effective date for proceedings thereunder. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................ 7. NAYS: None ..................................................0. In reference to the proposed Ordinance repealing Chapter 13 and adding Chapters 13.1 and 13.2 to Title II of the City Code, Mr. Thomas asked how Chapter 13.1 will improve what we had in the Personnel Department; whereupon, the City Manager replied that in budget deliberations Council asked for certain changes to reduce high level positions, that the positions of Director of Technical and Administrative Plannlng, and the Director of Civic Enrichment were abolished and the Personnel Department was combined with Personnel Management Information and in the process the l~sition of Personnel Manager was deleted, that this was all a matter of economics and the Council considered and adopted the changes. Mr. Tauhman offered the following emergency Ordinance amending Title II, Administration of The Code of the City of Roanoke, 1956, as amended, by repealing Chapter 13, Personnel and enacting Chapter 1].l, Personnel-Management Relations, and Chapter 13.2, Personnel and Employment Practices Commission: (123409) ~g O~DIHANCE amending Title Il. ~lministration., o£ The Cods of the City of ~oanoke, 1956, as ~mended, by repealing Chapter 13. Personnel°, in its entirety, and enacting in the place thereof t~o new chapters nmabered and entitled Chapter 13.1. Personnel-Hanagement Relations., and Chapter 13.2. Personnel and E~ployment Practices Co~aission.~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Taubman ~oved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote; AYES; Council me~bere Bovles, Garland, Grove, Nubard, Taub~an, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. Mr. Beverly Mitchell, firefighter, stated that this Ordinance should be sent to the State for approval, advising that the State previously turned dow~ a provision whereby the City Attorney would have the authority to determine a grievance. Hr. Edward Tucker, City Planning Department employee, advised that city employees have not seen these City Code changes and they do not know how they will affect the grievance procedure. CONSIDERATION OF CLAIPL~= NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TAXES-LICENSES-TAXICABS: Ordinance No. 23382 amending and reordainin9 Section 18 of Chapter 1, Title XIK, of The Code of Lhe City of Roanoke, 1956, estahlishina a schedule of rates to be charged and collected for the transporta- tion Of passengers within the city by certain public vehicles, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption; (%23382) AN ORDINANCE to amend and reordain Section 18 of Chapter 1, Title XIX, of The Code of the City of Roanoke, 1956, establishing a schedule of rates to be charged and collected for the transportation of passengers within the City by certain public vehicles. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................... 7. NAYS: None ......................................................0. TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY-SCHOOLS: Ordinance No. 23383 authorizing and providing for the lease by the city of the former Harrison Elementary School site to Total Action Against Poverty in Roanoke Valley, upon certain terms and conditions, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Subard offering the following for its second reading and final adoption: (%23383) AN ORDINANCE authorizing and providing for the lease by the City of the former Harrison Elementary School site to Total Action Against Poverty in Roanoke Valley; upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Hr. Hubard m~ved the adoption of the Ordinance. The motion was seconded byMr. Grove and adopted by the following vote= AYES~ Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Hayer Taylor ................................................... NAYS= None ..................................................... 0. PARKING GARAGE~ Ordinance No. 23390 accepting the proposal Of APCOA, Incorporated, for managing the clty*s downtown municipal parking facility for a term of two years, upon certain terms and conditions, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Taub~an offering the following for its second reading and final adoption= (t23390) AN ORDINA~ICE accepting the proposal of APCOA, Inc. for managing the City's dow~town municipal parking facility for a term of two {2) years, upon certain terms and conditions; authorizing the proper City officials to execute a requisite contract and rejecting all other bids. (For full text Of Ordinance, see Ordinance Book No, Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................7. NAYS: None .................................................. 0. CITY EMPLOYEES-OFFICE HOURS= Council having directed the City Attorney to prepare the proper measure relating to certain legal holidays to provide that when New Year's Day falls on a Saturday, the Monday next following shall be observed as a legal holiday, he presented same; whereupon, Mrs. Bowles offered the following emergency Ordinance: {~23410) AN ORDINANCE amending subsection [b) of Sec. Il. Chapter 3, Title II of The Code of the City of Roanoke, 1956, as amended, relating to certain legal holidays; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ..................................................7. NAYS: None .................................................... 0. COUNCIL: Council having directed the City Attorney to prepare the proper measure changing the dates of two regular weekly meetings of the Council of the City of Roanoke from December 26 to December 28, 1976, and from January 2 to January 4, 1977 at 2:00 p.m., he presented same; whereupon, Mr. Grove offered the following Resolution= (%23411) A RSSOLUTION changing the dates of two regular weekly meetings of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book NO. Mr. Grove moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: 187 J. 88 Thomas and Hayor Taylor .................................................. 7, NAYS~ None ....................................................0. BUILDINGS-SPECIAL PEPJ4ITS= Council having directed the City Attorney curtain wall overhang on a certain building on Official Tax No. 4011701 to encroach over the public sidewalk abutting said building on a portion of the Thomas moved that the following Ordinance be placed upon its first reading= (%23412) AN ORDINANCE permitting the construction of a tempered glass Curtain wall overhang on a certain building on official Tax No. 4011701 to encroach over the public sidewalk abutting said building On a portion of the south side of The motion was seconded by Mr. Taubman and adopted by the following ments to have appraisals made of certain properties shown on the City's Airport The motion was seconded by Hr. Taubman and adopted by the following the proper measure declining a proposal made to the Council by the Town of seconded by Mr. Taubman and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubmant Thomas and Mayor Taylor .................................................. ?. NAYS= None ....................................................0. MOTIONS AND MLSCELLANEOUS BUSINESS= COUNCIL= Mr. Hubard move~ that Council meet in Executive Session to discuss a real estate matter. The motion was seconded by Mr. Grove and adopted by the following AyEs= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS= None .................................................... COUNCIL= Mr. Hubard moved that Council meet in Executive Session to discuss two confidential personnel matters. The motion was seconded by Mr. Thomas and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS= None ....................................................0. HOUSING-SLUM CLEARANCE= The City Clerk reported that Mr. Earl B. Pullen] has qualified as a member of the Fair Housing Board to fi1! the unexpired term of Mrs. Mabel N. Marmion, resigned, ending March 31, 1977. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. YOUTH COMMISSION: The City Clerk reported that Mrs. Geneva S. Hale has qualified as a member of the Youth Commission to fill the unexpired term of Mr. Reglnald E. Davis, resigned, ending October 31, 1978. Mr. Thomas moved that the report be received and £iled. The motion was seconded by Mr. Taubman and unanimously adopted. YOUTH COMMISSION: The City Clerk reported that Mr. David K. Lisk has qualified as a member of the Youth Con%mission for a term of three years ending April 30, 1976. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. STATE HIGHWAYS: The City Clerk reported that Messrs. James P. Brice, John C. Clarke, and Lewis W. Peery have qualified as members of the Roanoke Highway Safety Commls~ion for terms of four years each ending October 31, 1980. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. OTHER HEARINGS OF CITIZENS: NONE. There being no further business, the Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED Mayor 189 ,1'90 COUNCIL~ ~EGULAR HEE~IRG~ ~uesday~ December 28, 1976. The Council of the City of Roanoke met in regular meeting in the Council chamber in the Municipal Building, City of Roanoke, on Tuesday, December 28, 1976, at 2 p.m., the regular meeting hour, with Hayor Noel C. Taylor presiding. pRESENT= Council members Elizabeth T. Howles, Robert A. Garland, (arrived late), Lucian Y. Grove, William S. Hubard, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C, Taylor ........................... ABSENT: None ..............................................0. OFFICERS pRESENT= Hr. Byron E. Haner, City Manager; Mr, James N. Kincanon, City Attorney; Mr. James E. Buchholtz, Assistant City Attorney; Mr. John H. Mitchell, Acting Director of Finance; and Hrs. Mary P. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend Henjamin F. Holstein, Jr., Assistant Administrator, Roanoke Methodist Home. MINUTES: Copy Of the minutes of the regular meeting held on Monday, December 6, 1976, having been furnished each member of Council, on motion of Mr. Thomas, seconded by Mr. Hubard and adopted, the reading thereof was dispensed with and th= ~ihutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: REAL ESTATE ASSESSOR: The Mayor called to the attention Of Council that Mr. Charles S. McNulty will retire from the service of the city on January 26, 1977, as Real Estate Assessor and called upon Mr. Hubard, Chairman of the Council Screening Committee to present a report to the Council concerning his replacement. At this point, Hr. Garland arrived at the meeting. Mr. Hubard advised that the committee composed of Messrs. Thomas and Taub~an and himself as Chairman met on a number of occasions to interview applicants from the City of Roanoke, that the job was advertised on an internal basis only, that the committee was impressed by the high calibre of employees in Mr. McNulty's office and is pleased to recommend to Council that Mr. Howard C. Turpln be elected as Real Estate Assessor to succeed Mr. McNulty effective January 26, 1977, for an indefinite term at Grade 33, Step 1 of the City Pay and Classification Plan. Mr. Hubard then placed in nomination the name of Mr. Howard C. Turpin as Real Estate Assessor. There being no further nominations, Mr. Turpin was elected as Real Estate Assessor of the City of Roanoke for an indefinite term commencing January 26, 1977, by the following vote: FOR MR. TURPIN: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..................................... 7. LEGISLATION-C~ARTBR= Council having set a public hearing for 2;00 p.m., Tuesday, December 28, 1976, on the question of amending and reenacting the first paragraph of Section 8 of the City Charter providing for the election by the Council of a City Manager, a City Clerk, a Director of Finance, a Municipal Auditor and a City Attorneyw so as to expressly provide that such officers need not be residents of the City of Roanoke at thc time of such election or during tenure in office, the matter was before the body. Later during the meeting, Mr. George E. Franklin appeared before Council in opposition to the proposed amendment, advising that he advocates a residency requirement for any and all employees of the city. Be registered his opposition and the opposition of those who support his concern, to any form of law, rules or regulations that would enhance continuation of employment of non- residents. Be stated that his position does allow for the seeking and secur- ing of talents outside the city and/or state, however, once employed they should establish their major place of residence within the city limits no later than sixty days after the first day on the tax supported payroll. (For full text, see statement as filed in the City Clerk's Office.) No one else appearing in connection with the proposed amendment, Mr. Rubard Offered the following Resolution: (%23415) A RESOLUTION reguesting the 1977 General Assembly of Virginia to enact a certain amendment to the Roanoke Charter of 1952, as amended. (For full text Of Resolutlon, see Resolution Book No. Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman~ Thomas and Mayor Taylor .................................................7. NAYS: None ................................................... 0. SEWERS ~ND STOR~ DRAINS= Council at its meeting on December 13, 1976, having deferred action on a report of the Fairland Lake - Glenavon Sanitary Sewer Assessment Committee, until further explanation and meetings could be had with residents affected by the project, the Assessment Committee submitted a written report advising that following Council's request on December 13th, the Co~ittee dete~ined that appropriate action had been taken to explain the proposed project and assessments and the Committee again =et with representatives of the Fatrland Lake property (Hoback-Lemon) to further explain the assessment determination. The Committee again recon~ended, if the project is authorized by Council, that the Council should concur in the preliminaryi' apportionment of costs and assessments with adjustments as presented in the report Of December 13, 1976. [For full text, see report as filed in the City Clerk's Office.) '1'9'2 In a discussion relative to the cost of the project several years ago as compared to the present time, the City Manager stated that the project was petitioned for several years ago by the residents, that at the time the connectiol fee was $80.00, now it is $200.00 and the Council might wish to consider reducing the connection fee in this one instance from the current $200.00 to $80.00. After a discussion as to the amount of money involved, Mr. Thomas moved that Council proceed with the Fairland Lake - Glenavon Sanitary Sewer Project with the understanding that the connection fee will be on the basis of $80.00 rather than $200.00 and it is to be emphasized that this is a one-time exception insofar as city policy is concerned. The motion was seconded by Mr. Taubman and unanimously adopted. The Reverend Carl T. Tinsley, 2647 Spring Hill Drive, N. W., again appeared before Council and requested that the City assume the entire cost of the project. He made reference to high taxes and reassessment of property values. He also added that since the original petition was filed some of the homeowners have moved from the area and others have moved in who cannot afford as much as $2,000.00 for this type of service and the residents feel that some type of consideration by the Council is warranted. Mr. George E. Franklin appeared before Council and stated that the assessment on the sewage line is unfair to the residents, advising that there is money for this purpose in other areas such as the Co--unity Development Act, if! the city chose to put it there. ~e stated that these people came to Council several years ago and said they would pay for the project, but at a much lower rate at that time. He concluded by addin? that he~o~!d rat~er nee bis tax dollars be spent for installation of sewer lines within the city than to pay salaries of top level management and have them reside outside the corporate limits of the City of Roanoke. Mr. Frank K. Saunders, Attorney, representing the Hoback-Lemon interests~ on the Fairland Lake tract, expressed concern as to the economic feasibility of developing this property, advising that 250 feet fronting on Falrland Lake between Falrland Road and the lake will not derive any peculiar benefits and should be deleted from the p j . Mr. Taubman moved that the City Attorney he instructed to prepare the proper measure or measures to implement the Falrland Lake - Glenavon Sanitary Sewer Assessment Project. The motion was seconded by Mr. Garland and unanlmouslyli adopted. The City Manager submitted a written report in connection with pay- ment of assessments for public improvements, transmitting certain recommenda- tions in connection therewith. (For full text, see report as filed in the City Clerk's Office.) Mr. Taubman moved that Council concur in the report and that it be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Grove and unanimously adopted. CITY EMPLOYEES-UNIONS~ MS. Lynn Thompson, President, Roanoke Education Association, appeared before council and read a prepared statement requesting clarification of Council's policy as to whether or not representatives of the Roanoke Education Association will be permitted to speak to Council In their capacity as REA representatives and on behalf of professional educators in the city. (For full text, see statement as filed in the City Clerk's Office.) Mr. Hubard moved that the matter be referred to the City Attorney for study and advice to the Council. The motion was seconded by Mrs. Bowles and unanimously adopted. DOWNTOWN ROA~OKEt Hr. G. Neal Maddox, representing downtowa Roanoke merchants, appeared before Council and read a prepared statement advising that to ge~ more economic activity and traffic to downtown ~ore security is needed in the way of visible law enforcement officers, and that many areas of downtown do not have adequate lighting, that the greatest complaint downtown merchants have, from those who shop for goods and services in the central business district, is the cost of parking and requested on a six month trial, that ail charges for parking meters in dow~tow~ Roanoke, as of January 1, 1977, be abolished. Hr. Maddox further requested that everyone be provided, on city streets in designated parking spaces where meters now exist, with three hours of free parking and, in addition, that the city, along with downtow~ merchants and businessmen, immediately review designated loading zones and place those no longer needed with additional free parking. (For full text, see statement as filed in the City Clerk's Office.) Mr. Thomas moved that the matter be referred to the City Manager to review the requests and submit a report to the Council by its regular meeting on Monday, January 10, 1977, as to what he feels would be an appropriate program in which to respond. The motion was seconded by Mr. Taubman and unanimously adopted. PETITIONS AND COMMUNICATIONS: SEWERS AND STORM D~AIN$: A communication from Mr. Oliver E. Seikel, Attorney, representing Dixie Bearings, Incorporated, requesting that the city issue a Deed of Release of a sewer easement across certain lots on Angell Avenue, N. W., which lots his client wishes to purchase for expansion purposes, was before Council. (For full text, see co~/nunication as filed in the City Clerk's office.) Mr. Thomas moved that the communication be referred to the City Manager and the City Attorney for study, report and reconunendation to Council. The motion was seconded by Mr. Taubman and unanimously adopted. REGIONAL JAIL: A Resolution of the Roanoke Valley Chamber of Co~unerce urging the governing bodies of the City of Roanoke and the County of Roanoke to make every "last mile" effort in negotiations that could lead to a single jail facility, was before Council. {For full text, see Resolution as filed in the City Clerk's Office.) 193 194 Mr. Thomas moved that the Resolution be referred to the Jail Study Conuaittee for its information in connection with its study of the matter. The motion was seconded By Mr. Taubman and unanimously adopted. REPORTS OF OFFICERE~ ANNEXATION~ Council having referred to the City Manager and to the City Planning Commission for study, report and recommendation a communication from Hr. Harry F. Hosen, Jr.t Attorneyt representing the Catlett Drive Associa- tiont advising that his clients were recently annexed into Roanoke City and calling attention to the boundary line which goes through the property and/or houses of several of his clients and certain problems which exist and proposing that the boundary line between the City of Roanoke and the City Of Salem affecting his clients be changed pursuant to Section 15.1-1068 - Section iS.l-10?0 of the code of Virginia, 1950, as amended, the City Manager and the city planning Conuaission submitted written reports advising that it would be a logical move to grant the request and revise the city's line as per Option D contained in the report of the City Planning Commission. (For full text, see reports as filed in the City Clerk's Office.) Mr. Garland moved that the reports be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Grove and unanimously adopted. PARKING GARAGE: The City Manager submitted a written report recommending an amendment to the Architect's Agreement with Ranoolph Frantz and John Chappelear for services in connection with the Municipal Parking Garage Project, to provide resident inspection services as proposed. (For full text, see report as filed in the City Clerk's Office.) Mr. Grove offered the following emergency Ordinance: (%23416} AN ORDINANCE authorizing execution of an addendum to the City's contract dated April 9, 1974, with Randolph Frantz and John Chappelear, Architects, relating to architectural and other services in and about the construction of the Municipal Parking Garage facility, so as to provide for said architect's employment of certain full time on-site inspection services, upon certain terms and conditions~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by ~r. Ruhard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS= None .....................................................0. RRDGET-PUBLIC ~ELFARE~ The City Manager submitted a written report recommending that $9,000.00 he transferred within the Nursing Rome budget in order to permit continued utilization of the services of a Consultant Admini- strator at the Nursing Rome through June, 1977. (For full text, see report as filed in the City Clerk's Office.) Hr. Thomas offered the following emergency Ordinance transferring $9,000.00 from Salaries and Wages to Fees for Professional Services under Section ~153V, 'Nursing Nome,' of the 1976-?? budget~ (S23417) AN OP~IHANCE to a~end and reordain Section t1539, 'Hursing Home,' of the 1976-?? Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following voter AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... ?. ~AYS= None .....................................................0. BUILDING CODE-PLUMBERS-ELECTRICAL INSPECTOR: The City Manager submitted a written report advising of certain needed amendments to the Virginia Uniform Statewlde Building code, BOCA, Electrical Code and Plumbing Cede. (For full text, see report as filed in the city Clerk's Office.) Mr. Grove moved that the following Ordinance be placed upon its first reading~ (%23418) AN O~DINANCE amending Chapter 1.2. Uniform Statewlde Buildin~ Code of Virginia, of Title XV. Construction, etc. of the Code of the City of Roanoke, 1956, as amended, by amending Sec. 2. Amendments, of said chapter and by the addition of a new section entitled Sec. 4. Penalty, to provide for certain administrative amendments to the Uniform Statewide Building Code of Virginia as adopted by reference; amending Sec. 18. Penalty, of Chapter 2. Electrical Code, of said Title XV, to provide for an increase in the penalty for a violation of the provisions of said Chapter 2; and a~ending Sec. 2. Amendments, of Chapter 3.2. BOCA Basic Plumbln~ Code, of said Title XV, to provide for certain administrative amendments to the BOCA Basic Plumbing Code as adopted by reference. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................7. NAYS: None ................................................... 0. SCHOOLS-CITY PROPERTY: The City Manager submitted a written report recommending Change Order No. I to the contract with Branch and Associates for razing and removal of the West End Elementary School to provide for a time extension of 64 days for completion. (For full text, see report as filed in the City Clerk's Office.} Mr. Thomas offered the following emergency Ordinance authorizing issuance of the change order: (~23419) AN ORDINAi~CE authorizing the issuance of Change Order No. i to the City's contract dated May ll, 1976, with Branch and Associates, Incorporated, authorized by Ordinance No. 22892, for demolition of West End Elementary School located at 922 Campbell Avenue, S. W., by providing for an extension of the time for completion of the work provided in said contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 195 196 Hr. Thomas moved the adoption of the Ordinance, The motion was seconded by Hr, Nubard and adopted by the following votez AYESs Council members Bowles~ Garland~ Grove~ Hubard~ Taubman~ Thomas and Mayor Taylor ................................................. NAYS~ None ...................................................0. BUILDINGSz The City Manager submitted a written report in connection with the condemnation and d~molition activities of the Building Department from duly l, 1976, through November 30, 1976. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard moved that tho report be received and filed. The ~otion was seconded by Hr. Grove and unanimously adopted. EQUIPHENT= The City Manager submitted a written report concurring in a report of the Bid Committee recommending that the bid of Fulton Motor Company, Incorporated, be accepted for supplying certain police automobiles, and that the bid of Dominion Dodge, LTO., be accepted for supplying seven compact automobiles as listed. {For full text, see reports as filed in the City Clerk's Office.) Mr. Taubman offered the following emergency Ordinance accepting the proposals= (%23420) AN ORDINANCE pro¥iding for the purchase of certain vehicular equipment for use by the clty, upon certain terms and conditions, by accepting certain bids made to the City for furnishing and delivering said vehicular equipment; ~rovldin? for the issuance of requisite purchase orders for such equipment; rejecting certain bids made to the city; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS: None ..................................................... 0. BUDGET-PLANNING-GRANTS: The City Manager submitted a written report advising that there is currently $15,994.84 in the 1975-76 grant account for the Department of Programs Development, that in order to consolidate the funds for this department which is funded with BUD Comprehensive Planning Assistance Grant and Community Development Block Grant funds, it is necessary to transfer this money to the current 1976-77 grant account 6820. (For full text, see report as filed in the City Clerk's office.) Mr. Thomas offered the following emergency Ordinance transferring $15,994.84 from Programs Development under Section 16810, "Programs Develop- ment," to Programs Development 76-77 under Section t6820, "Programs Develop- ment," of the 1976-77 Grant Program Account: (%23421) AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote~ AYES~ Council members Bowles, Garland, Grove, Hubard~ Taul~nan, Thomas and Hayer Taylor ................................................ NAYS~ None ..................................................0. ANNEXATION-SCHOOLS-BUDGET~ The City Attorney submitted a written report in connection with sales tax payments to Roanoke Countyt advising that these payments should be predicated on average daily membership In County schools of students in the annexed areas. (For full text~ see report as filed in the City Clerk's office.) Mr. Hubard moved that the report be received and concurred in. The motion was seconded by Mr. Thomas and unanimously adopted. BUDGET-COMMONWEALTH'S ATTOP~NEY-COHPENSATION BOARD= The Acting Director of Finance submitted a written report advising that the Administrative Assistant in the Commonwealthts Attorney's Office was unable to attend a seminar for which Council appropriated $422.00 and requesting that these funds be deleted from that budget. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland offered the following emergency Ordinance decreasing by $422.00 Travel and Education #230 under Section #0710, 'Conu~onwealth~s Attorney,' of the 1976-77 budget= (123422) AN ORDINANCE to amend and reordain Section %0710, 'Common- wealth~s Attorney,' Of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book NO. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by}irs. Bowles and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..................................................7. NAYS: None .................................................... 0. BUDGET-PUBLIC WELFARE: The Acting Director of Finance submitted a statement of expenditures for Public Welfare for the month ended November 30, 1976. (For full text, see statement as filed in the City Clerk*s Office.) Mr. Thomas moved that the statement be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. ZONING-pLANNING: The City Planning Commission submitted a written report recommending that proposed Zoning Ordinance amendments be adopted to permit mini-warehouses as a special exception in the C-2, General Commercial District. (For £ull text, see report as filed in the City Clerk's Office.) After a discussion of the ~atter, Mr. Thomas moved that the report be received and filed. The motion was seconded by Hr. Taubman and adopted, Mr. Grove not voting. i98 AIRPORT-ST~LEET blAMES~ The City Planning Conunission submitted a written report in connection with naming of duplicated streets, streets with contiguous n~mes and streets with highway numbers without any formal designa- tion at Roanoke Municipal Airport, woodrum Field, reconmending approval of the street names as forwarded to the Airport Advisory Coaunission by its subcommit- (¥or full text, see report as filed in the City Clerk~e ~.~-o Thoz:~.e ~oved that the report be referred to the city Attorney for preparation of the proper measure concurring in the recommendations of the Airport Advisory Commission Subcommittee and the City Planning Commission. The was seconded by Mrs. Bowles and unanimously adopted. ZONING-STrEETS AND ALLEYS= Council having previously referred back to the City Planning Commission for further study, report and recommendation a reques= of Dr. John E. Gardner, Jr., that property located in the 300 block of Woods Avenue, S. W., described as Lots 7, 8 and 9, Block 14, Exchange Building and Investment Company, Official Tax Nos. 1030907, 1030908 and 1030909, be rezoned from RG-2, General Residential District, to C-l, Office and Institutional District, the City Plannlng Commission submitted a further report recommending that the request be granted. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. Ordinance No. 23348 rezoning the abovedescribed property having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Bubard offering the following for its second reading and final adoption: (123348) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The code of the City of Roanoke, 1956, as amended, and Sheet No. 103, Sec- tional 1966 Zone Map, City of Roanoke, in relation to Zoning. {For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................... 7. NAYS: None ...................................................... 0. Ordinance No. 23349 permanently vacating, discontinuing and closing a portion of the alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Map and Block l, Janette Land Company Map from its intersection with Franklin Road, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Taubman offering the following for its second reading and final adoption: (%23349) AN ORDINANCE permanently vacating, discontinuing and closing a portion of the alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Map and Block l, Janette Land Company Map from its intersection with Franklin Road as is more particularly described hereinafter. il {For full text of Ordinance, see Ordinance Book No. Mr. Taubma~ moved the adoption Of the Ordinance. The motion was seconded byMr. Hubard and adopted by the following vote~ AYES~ Council me~bers Bowies~ Garland~ Grove~ Huhard~ Taubman, Thomas and Mayor Taylor ................................................... ?. NA¥S~ None .....................................................0. REPORTS OF COMMITTEES= AUDIT COMMITTEE~ Mr. Bubard, Chairman of the Audit Comittee, pre- sented minutes of the meeting of December 20, 1976. (For full text, see minutes as filed in the City Clerk's Office.) Mr. Hubard called attention to a report from the City Attorney correcting a statement shown in the third paragraph of the minutes. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard moved that the December minutes of the Audit Committee be recieved and filed and that paragraph three be corrected as per the report of the City Attorney. The motion was seconded by Mr. Thomas and unanimously adopted. SEWERS AND STORM DRAINS: The cor=aittee appointed to tabulate bids received for construction of the Fairfield Drive, Fallon Park, Miller Street and Shadeland Avenue storm drains submitted a written report recommending that the low bid of J. P. Turner & Brothers, Incorporated, in the amount of $34,003.95, be accepted. (For full text, see report as filed in the City Clerk's Office.) Mr. Grove offered the following emergency Ordinance accepting the proposal of J. P. Turner Brothers, Incorporated: (t23423) AN ORDINANCE providing for the construction of new storm drains in Fairfield Drive, Fallou Park, Miller Street and Shadeland Avenue in the City, upon certain terms and conditions, by accepting a certain bid made to the City: rejecting certain other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ..................................................7. NAYS: None .................................................... UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 23399 permanently vacating, discontinuing and closing a 50-foot wide unopened portion of Connecticut Avenue, N. E., beginning at the westerly street line of Sixth Street and proceeding in a westerly direction to dead end as shown on Map of Deanwood Terrace, running between Block 26 and Block 33, having prevlously been before the Council for its first readiz~g, read and adopted on its first reading and laid over, was again before the body, Mr. Thomas offering the following for its second reading and final adoption: 2..OO (123399) AN ORDINANCE pe~tnently vacating, abandoning and discon- tinuing and closing that porbion of Connecticut Avenue beginning at the westerly street line of Sixth Street, N. E., and proceeding in a westerly direction to dead end as shown on map of Deanwood Terrace running between Block 26 and Block 33 of Deanwood Terrace~ such street being an unopened portion of Connecticut Avenue, N. E., 50 feet wide, located in the City of Roanoke, pursuant to the provisions of Section 15.1-364 of the Code of Virginia, 1950, as amended. (For full text of ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the followlng vote= AYES: Councll members Bowles, Garland, GroYe, Hubard, Taubman, Thomas and Hayor Taylor .................................................. NAYS= None .................................................... 0. STREETS AND ALLEYS= Ordinance No. 23400 vacating, discontlnutng and closing certain portions of three alleyways located to the east of Moorman Road, between Loudon Avenue, N. W., and Centre Avenue, N. W., having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Grove offering the following for its second reading and flnal adoption= (t23400} AN ORDINANCE permanently vacating, discontinuing and Closing certain portions Of three alleyways located to the east of Moorman Road, between Loudon Avenue, N. W., and rentre Avenue, N. W., as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book NO. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor .................................................. NAYS: None .................................................... 0. In this connection, a communication from Mr. J. M. Turner, Jr., Attorney, representing Wometco Coca-Cola Bottling Company of Roanoke, Incorpora- ted, regarding Ordinance No. 23400, requesting that the portion of the alley closest to Centre Avenue and running parallel thereto, which is now owned by the city, be conveyed to Wometco, was before Council. (For full text, see communication as filed in the City Clerk's office.) Mr. Thomas moved that the communication be referred to the City Attorney for study and report to the Council. The motion was seconded by Mr. Hubard and unanimously adopted. STREETS AND ALLEYS: Ordinance No. 23401 permanently vacating, discontinuing and closing a portion of Warwick Street, S. W., and an adjoining alley, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Thomas offering the following for its second reading and final adoption: (123401) AN ORDINANCE permanently vacating, discontinuing and closing a portion of Warwick Street, S. W., and an ad~oining alley. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES~ Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor .................................................. ?. NAYSI None ....................................................0. ZONING: Ordinance No. 23402 amending and reordaining Sections ? 8 and 26, Chapter 4.1, Zoning, Title XV, Construction, Alteration and Use Of Land, Buildings and Other Structures of The Cede of the City of Roanoke, 1956, as a=ended, to provide in the City's Zoning Ordinance that tow~houses may be constructed in RG-1 and RG-2, General Residential Districts, and C-I, Office and Institutional Districts, within the City as permitted uses, having previously been before the Council for its first reading, read and adopted on its first reading and lald over, was again before the bedy, Mr. Taubman offering the following for its second reading and final adoption: (%23402) AN ORDINANCE to amend and reordain Sections 7, 8 and 26, of Chapter 4.1. Zoning, of Title XV. Construction, Alteration and Use Of Land, Buildings and Other Structures, of The Cede of the City of Roanoke, 1956, as an,enaea, to proviue i,, ak,= ~it,'s aox.ih90ruinance that town houses may be constructed in RG-1 and RG-2, General Residential Districts, and C-l, Office and Institutional Districts, within the City as permitted uses. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor .................................................... NAYS: None ...................................................... 0. CITY EMPLOYEES: Ordinance No. 23408 approving and adopting a new Grievance Procedure promulgated by the City's Personnel Board and approved by the City Manager and fixing the effective date of January 15, 1977, for proceedings thereunder, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Hubard offering the following for its second reading and final adoption: (123408) AN ORDINANCE approving and adopting a new Grievance Procedure promulgated by the City's Personnel Board and approved by the City Manager; and fixing the effective date for proceedings thereunder. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ...................................................7. NAYS: None ..................................................... 0. 201 2O2 BUILDINGS-SPECIA~ PERHITSS Ordinance No. 23412 permitting the construction of a tempered glass curtain wall overhang on a certain building on Official Tax No. 4011701 to encroach over the public sidewalk abutting said building on a portion of the south side of Church Avenue, S. E.~ between Jeffer- son Street, and First Street, and on the east side of Jefferson Street between Church Avenue and Luck Avenue, So Eo, upon certain terms and conditioner having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, H~. Bubard offering the following for its second reading and final adoption= ([23412) AR ORDINANCE permitting the construction of a tempered glass curtain wall overhang on a certain building on Official Tax No. 4011701 to encroach over the public sidewalk abutting said building on a portion of the south side of Church Avenue, S. E., between Jefferson Street, So E., and First Street, S. E., and on the east side Of Jefferson Street, S. E., between Church Avenue, S. E., and Luck Avenue, S. E., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption Of the ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS= None .................................................... 0. AIRPORT= Orainance NO. 23413 authorizing the City Manager to enter into necessary agreements to have appraisals made of certain properties shown on the City's Airport Master Plan, upon certain terms and conditions, having previ0usly been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Grove offering the following for its second reading and final adoption= (%23413) AR ORDINANCE authorizing the City Manager to enter into necessary agreemeuts to have appraisals made of certain properties shown on the City's Airport Master Plan, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Hr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the followlng vote= AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ................................................. NAYS: None .................................................. 0. PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure authorizing the razing of the Rockledge Inn Building On Mill Mountain which was recently heavily damaged by fire, he presented same; whereupon, Mrs. Bowles offered the following Resolution: [%23424) A RESOLUTION authorizing the razing of the Rockledge Inn Building on Mill Mountain, recently heavily damaged by fire. (For full text of Resolution, see Resolution Book NO. Mrs. Bowles moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES I Council members Bowles, Garland, Grove, Hub,rd, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYSt None ....................................................0. ZONINGI Council at its Financial and Planning Session on December 20, 1976, having instructed the City Attorney to prepare the proper measure amending the City Code to provide for a certain charge for an appeal to the Board of Zoning Appeals, he presented same~ whereupon, Hr. Garland moved that the followin~ Ordinance be placed upon its first reading~ (t234251 AN ORDINANCE to amend and reordain Sec. 73.1. 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, to provide for a certain charge for an appeal to the Board of Zoning Appeals. (For full text of Ordinance, see Ordinance Book Ne. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hub,rd, Taubman, Thomas and Mayor Taylor ................................................ ?. NAYS: None ................................................. 0. ROANOKE MEMORIAL HOSPITALS: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to enter into an agreement with Roanoke Nemorial Nospltals for the construction and maintenance of bus shelters on city property, upon certain terms and conditions, he pre- sented same; whereupon, Mr. Taubman moved that the following Ordinance be placed upon its first reading: (123426) AN ORDINANCE authorizing the City Manager to enter into an agreement with Roanoke Memorial Nospitala for the construction and maintenance of bus shelters on city property, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Seek No. The motion was seconded by Mr. Hub,rd and adopted by the following vote: AYES: Counc£1 mel0bers Bowles, Garland, Grove, Huh,rd, Taubman, Thomas and Nayor Taylor .................................................. NAYS: None ....................................................0. C.E.T.A.: Council having directed the City Attorney to prepare the proper measure concurring in an increase of the membership level of the Roanoke Consortium for Manpower Services, he presented same; whereupon, Mr. Thomas offered the following Resolution: · (~23427) A RESOLUTION concurring in an increase of the membership level of the Roanoke Consortium for Manpower Services. (For full text of Resolution, see Resolution Seek No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Taub~an and adopted by the followlng vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor .................................................. NAYS: None .................................................... 203 2O4 CITY EHPLOYEES: Council havin9 directed the City Attorney to prepare the proper measure limiting, until further order of the Council, the number of per~nent classified employees of the City to 1667, he presented samel whereupon, Hr. Thomas offered the following Resolution: (~23428) A RESOLUTION limiting, until further order of the Council, the number of per~anent classified employees of the City. (For full text of Resolution, see Resolution Book No. Hr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS= None .................................................... 0. SEWERS AND STOP~ D~AINS-EASEMENTS: Council having directed thc City Attorney to prepare the proper measure expressing the intent of the Council to grant to The Church of God in Virginia a certain sanitary sewer easement across certain property Of the city, upon certain terms and condi- tions, and repealing Resolution No. 22654 adopted on January 12, 1976, he presented same; whereupon, Hr. Thomas offered thc followlng Resolution= (%23429) A RESOLUTION expressing thc intent of thc Council to grant to The Church of God in Virginia a certain sanitary sewer easement across certain property of the City, upon certain terms ano conditions; and repealing Resolution NO. 22654 adopted January 12, 1976, relating to a grant of such easement. (For full text of Resolution, see Resolution Book NO. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ................................................. 7. NAYS: None ...................................................0. BUDGET-COMMITTEES: Council at its Financial and Planning Session on December 20, 1976, having requested the City Attorney to prepare the proper measure appropriating $1,000.00 to Other Services and Charges under Section ~0101, 'Council," of the 1976-77 budget, to provide funds for use of the Citizens' Blue Ribbon Long Range Planning and Goal Setting Committee, Mr. Grove offered the following emergency Ordinance: (%23430) AN ORDINANCE to amend and reordain Section %0101, "Council," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Eubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................... 7. NAYS: None ..............................0. GRANTS-JUVENILE AND DOHESTIC RELATIONS DISTRICT COURT: Council at its Financial and Planning Session on December 20, 1976, having instructed the City Attorney to prepare the proper measure authorizing acceptance, execution and filing of a grant with the Division of Justice and Crime Prevention relative to the continuation of juvenile outreach detention services in the Fifth Planning District, he presented same; whereupon, Mr. Thomas offered the following Resolution (123431) A RESOLUTION authorizing tho acceptance, execution, and filing of the 'Special Conditions for Action Grant Awards" with thc Division Of Justice and Crime Prevention for an action grant of Federal funds to provide for the continuation of juvenile outreach detention services in the Fifth Planning District. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption Of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor .....................................................7. NAYS: None ....................................................... 0. BUDGET-GRANTS-pLANNING-COMPREHENSIVE EMPLOYMENT AND TRAINING ACT: Council at its Financial and Planning Session on December 20, 1976, having instructed the City Attorney to prepare the proper measure disappropriating and appropriating certain funds for the Department of Programs Development and the CETA Administration Title I, Grant Program Account, he presented same; whereupon, Mr. Bubard offered the following emergency Ordinance: (t23432) AN ORDINANCE to amend and reordaln the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ........................................... 7. NAYS: None .............................................0. BUDGET-ANNEXATION-SCHOOLS-INSURANCE: Council at its Financial and Planning Session on December 20, 1976, having instructed the City Attorney to prepare the proper measure appropriating $9,293.54 to provide funds for certain city vehicle liability insurance; appropriating $17,000.00 for law enforcement professional liability insurance; and transferring and appropriating certain fnnds as per a request of the Roanoke City School Board under date of December 15, 1976, Mr. Taubman offered the following emergency Ordinance: (%23433) AN ORDINANCE to amend and reordain certain sections of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Tauhman moved the adoption of the Ordinance. The motion was seconded hyMr. Hubard and adopted by the following vote: 205 2O6 AYES~ Council members Bo~les, Garland~ Grove~ Hubard~ Taubnmn~ Thomas and Mayor Taylor ................................................. 7. NAYS~ None ...................................................0. MOTIONS AND MISCELLANEOUS BUSINESS~ BUDGET-LEGISLATION~ Vice-Mayor Bowles advised that Council has met on several occasions with its representatives to the General Assembly and each time it has been told that one way to get financial relief is to document whatever extra costs have been involved to the city as a result of state-mandated programs. Mrs. Bowles then moved that the City Manager be instructed to document any additional costs in the past three to five years which have been incurred by the city as a result of state-mandated programs. Mr. Grove requested that the motion also include information as to the efforts the city has ~ade to cut expenses and show that we have gone to great lengths to warrant our requests, that it contain certain actions taken by the Council during its 1976-77 budget study such as freezing the pay plan, reducing the number of pern~nent employees, and decreasing the school budget, etc. Mr. Thomas requested that the motion also include instructions that the City Attorney prepare the proper measure transmitting the above information to the city's representatives in the 1977 Session of the General Assembly and the Virginia Municipal League. Mrs. Bowles accepted the amendments to the motion by Councilmen Grove and Thomas~ whereupon, Mr. Grove seconded the motion as amended and it was unanimously adopted. HEALTH DEPARTMENT: Council having previously requested an opinion from the City Attorney as to whether or not Dr. William H. Roblson may be reelected for another three year term on the Mental Health Services of Roanoke Valley Board of Directors, the City Attorney submitted a written report advising that it is his opinion that any present director of the Board who completes a three- year term on that Board on December 31, 1976, may be reelected for another three-year term of office. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. Mr. Thomas then placed in nomination the name of Dr. William H. Robison as a member of the Mental Health Services of Roanoke Valley Board of Directora. There being no further nominations, Dr. Robison was reelected as a member of the Mental Health Services of Roanoke Valley Board of Directora for a term of three years ending December 31, 1979, by the following vote: FOR DR. ROBISON: Council me~nbers Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .......................................... 7. AIR POLLUTION CONTBOL: The Mayor called to the attention of Council that there is a vacancy on the Advisory and Appeal Board, Air Pollution Control, created by the resignation of Mr. U. A. Hoal for a term of four years ending December 31, 1980, and called for nominations to fill the vacancy. Mr. Grove placed in nomination the name of Mr. Robert E. Johnston. There being no further nominatlonsm Mr. Johnston was elected as a member of the Advisory and Appeal Board, Air Pollution Controlm for a term of four years ending December 31, 1980~ by the following votel FOR MR. JOHNSTONs Council members Bowles~ Garland~ Grove~ Hubard, Taubman, Thomas and Mayor Taylor .......................................... PLANNINGI The Mayor called to the attention Of Council that the terms of Nessrs. Aylett B. Coleman, John P. Bradshaw, Jr.~ Henry B. Boynton and James H. Carpenter as members of the City Planning Commission will expire on December 31, 1976, and called for nominations to fill the vacancies. Mr. Thomas advised that Mr. Coleman has requested that his name be withdrawn from consideration and ~oved that Council concur in his request. The motion was seconded by Mr. Taubman and unanimously adopted. Mr. Grove placed in nomination the names of Messrs. John P. Bradshaw, Jr. Henry B. Boynton, James E. Carpenter and WilliamA. Sowers. There being no further nominations, Messrs. Bradshaw, Roynton, and Carpenter were reelected and Mr. Sowers was elected as members of the City Planning Commission for terms of four years each ending December 31, 1980, by the following vote= FOR~ESSRS. BRADSHAW, BOYNTON, CARPENTER AND SOWERS: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor .......... In view of Mr. Coleman's long tenure of service on the City Planning Con%mission, Mr. Thomas moved that the City Attorney be instructed to prepare the proper measure in appreciation of his services along with a Certificate of Apprecia. tion to be signed by the Mayor and the City Clerk. The motion was seconded by Mr. Hubard and unanimously adopted. CITY EMPLOYEES: Relative to the appointment of a Personnel and Empl°ymentil Practices Commission pursuant to Ordinance No. 23409 adopted by the Council on December 13, 1976, Mr. Bubard moved that the election of the Commission be deferred until the meeting of Council on Tuesday, January 4, 1977. The motion was seconded by Mr. Grove and unanimously adopted. pLANNING: The City Clerk reported that Mrs. Susan S. Goode has qualified as a member of the City Planning Co~uuission to fill the unexpired term of Mr. John H. Parrott, resigned, ending December 31, 1978. Mr. Taubman moved that the report be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. BUILDINGS: The City Clerk reported that Mr. J. oliver Stein has qualified as a member of the Board of Adjustments and Appeals, Building Code, for a term of five years ending September 30, 1981. Mr. Taubman moved that the report be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. OTHER BEARINGS OF CITIZENS: REHABILITATION HOMES: Mrs. George George, 1302 Maple Avenue, S. W., appeared before Council in reference to the relocation of the Watimka House from 2501 Williamson Road, N. E., to 1302 Second Street, S. W. She called attention to the following points: 2O7 '208 (1) that there seems to be a concentration of rehabilitation homes in this general area and listed the Omni House, Hegira House, Youth Havent Home for Alcoholics, Retarded Home for Girls, and two Veterans Outpatient facilities, (2) that these are hard-core criminals who should be put on the out-skirts of tow~, (3} that the concentration of these types of homes in this general area is causing professional people to relocate, (4} that older people in the area are afraid to leave their homes, (5) that there is a question in her mind as to whether or not certain health and fire cede restrictions are being met and enforced. Dr. John Jofko also appeared before Council in reference to the matter and called attention to the concentration of various types of Halfway Houses in the old southwest area~ advising that these various groups should not be group~ together because they are involved with various types of people with different problems and of different age groups, that parking facilities on Second Street between Walnut Avenue and WOO~S Avenue are far from adequate and there is a question in his mind as to whether or not the Health Department has adequately surveyed the housing and livlng requirements of these homes. He questioned whether supervisory measures have been taken to insure that the intent and carrying out of proper supervision of the inmates of these houses is actually taking place and that the contact in the nelg.hborhood is in consonant with the residents in the vicinity. He further called attention to the deterioration of old southwest. In concluding, Dr. Jofko requested that Council take whatever measures are at its disposal to rid the neighborhood of the concentration of these types of homes. After a very lengthy discussion of the matter, Mr. Thomas stated that the Council was not aware of the move, that it cannot act intelligently on the matter until it gets a report from the city Manager and it would be of assistance if Mrs. George and Dr. Jofko would place their remarks in writing in order that the City Manager could have the benefit of reviewing them. He then moved that the matter be referred to the city Manager for investigation and report to the Council at its next regular meeting on Tuesday, January 4, 1977, and that all communications in connection with the issue be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. It was pointed out by the City Manager that a Certificate of Occupancy was issued by the Building Commissioner on December 23, 1976, and Mrs. George asked if there was some way the Council could prevent the relocation pending further investigation. Mr. Grove suggested that the City Manager telephone the proper person at the State Department of Corrections that afternoon to see if there was anyway the relocation could be delayed pending further investigation by the city. COUNCIL: Mr. Hubard advised of the need to discuss two confidential personnel matters in Executive Session and moved that Council meet in Executive Session after adjournment of the Council meeting to discuss same. The motion was seconded by Mr. Taubman and adopted by the following vote: Mayor Taylor .............................. ~ ................... 6. NAYS~ None .........................................0. (Hr. Thomas was out of the Council Chamber) There being no further businese~ the Mayor declared the meeting adjourned. ATTEST = C~t¥ Clerk Mayor 209 2:I:0 COUNCI~., REGULAR MEETING, Tuesday, January 4, 1977. The Council of the City of Roanoke met in regular meeting in the Council Chamber, in the Municipal Building, City Of Roanoke, at 2;00 p.m., Tuesday, January 4, 1977, withHayor Noel C. Taylor presiding. pP. ESENT= Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, William S. Bubard, Nicholas F. Taubman, Hampton W. Thomas, and Mayor Noel C. Taylor .......................................... ?. ABSENT= None ...........................................0. OFFICERS PRSSENT= Mr. Sam B. McGhee, III, Assistant City Manager; Mr. James N. Klncanon, City Attorney; Mr. James E. Buchholtz, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; Mr. John H. Mitchell, Assistant Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend Ronald Brown, Baptist Campus Minister. MINUTES= Copy of the minutes of the regular meeting held on Monday, December 13, 1976, having been furnished each member of Council, on motion of Mr. Thomas, seconded by Mr. Taubman and unanimously adopted, the reading thereof was dispensed with and the minutes were approved as recorded. The Mayor welcomed a fourth grade class from the Raleigh Court Elementary School. CITY ATTORNEY= In view of the fact that Mr. James N. Kincanon, City Attorney, will retire from the service of the City of Roanoke on January 5, 1977, Mr. Thomas Offered the followlng Resolution in recognition Of his services: {123434) A P~SOLDTION recognizing JAN~S NELNS RINCANON, ESQUIRE, for his long and dedicated service as an attorney for the City of Roanoke. (For full text of Resolution, see Resolution Book NO. Hr. Thomas moved the adoption of the Resolution. The motion was seconded hy ~o Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ................................. 7. NAYS: None ...................................0. HEARING OF CITIZENS UPON PUBLIC MATTERS; WATER DEPARTMENT: Pursuant to notice of advertisement for bids for extension of a 20" water main, Monticello Boulevard and Mary Linda Avenue, and for supplying and delivering an altitude valve to the Statesman Park Site, said proposals to be received by the City Clerk until 1:30 p.m., Tuesday, January 4, 1977, and to be opened before the Council at 2:00 p.m., on that date, the Mayor 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: CON~I~%C? =A~ E. C. Pace & Company $ Aaron J. Conner General Contractor Incorporated 167,377.35 Jo P. Turner & Brothers~ Incorporated - 171,105.00 Lanford Brothers Company, Incorporated - 215,930.00 CONTRACT Flow Industries, Incorporated $ 2,280.00 Hr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to the Council. The motion was seconded by Mr. Tauhman and unanimously adopted. The Mayor appointed Messrs. Sam Kiser and Thomas F. Brady as members of the committee. SEWERS AND STORM DRAINS= Pursuant to notice of advertisement for bids for repair and replacement of three existing digesters at the Sewage Treat- ment Plant, said proposals to be received by the City Clerk until 1:30 p.m., Tuesday, January 4, 1977, and to be opened before the Council at 2 p.m., on that date, the Mayor 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: Southwest Construction, Incorporated - $ 34,720.00 Weddle Plumbing & Heating Company - 51,267.00 Mr. Thomas moved that the bids be referred to a committee to be appointed by the !~yor for tabulation, report and reco~endation to the Council. The motion was seconded by Mr. Taubman and unanimously adopted. The Mayor appointed Messrs. Kit B. Kiser, Chairman, Harold S. Zi~er- man and Thomas F. Brady as members of the committee. PETITIONS AND COMMUNICATIONS: CELEBRATIONS: The Mayor advised that on December 13, 1976, repre- sentatives of Sing Out Roanoke Valley, Incorporated, appeared before the Council and requested that a certain Bicentennial Pledge be officially adopted by the City of Roanoke, that action on the request was deferred until a later date and the Mayor requested guidance from the Council as to how they would like to handle the matter. (For full text, see Bicentennial Pledge as filed in the City Clerk's Office.) Hr. Garland moved that the matter be referred to the City Attorney for study and recommendation to the Council as to the proper procedure for adoption of the Bicentennial Pledge. The motion was seconded by Hr. Thomas and unanimously adopted. REPORTS OF OFFICERS: WATER DEPARTMENT: Mr. James W. Dawson, Regional Geologist, West- Central Regional Office of the state Water Control Board, appeared before Council and presented a summary of reports entitled, "Roanoke County Ground- water Present Conditions and Prospects", and "Geohydrology of the Upper Roanoke River Basin, Virginia". (For full text, see reports as filed in the City Clerk's office.) 211 ~r. Hubard moved that the reports be received and filed. The motion was seconded by Hr. Taubman and unanimously adopted, CO~tPLAINTS-P. EHABILITATION HO~SES: Council having previously referred to the City Manager for lnvestlqation and report a complaint from Mr. and Mrs. George George and Dr. John Jofko concerning the concentration of rehabilitation houses in the old southwest area wherein they made specific reference to the Watimka House which has relocated from 2501 Wllliamson Road~ N, E.~ to 1302 Second Street, S. W., the Assistant City Manager submitted a written report of the City Manager advising as to the status of the matter. (For full text, see report as flied In the City Clerkts Office.) After presenting certain background information, Hr. Taub~an moved that the City Attorney be instructed to prepare the proper measure including the following infor~ation to be addressed to Mr. Arthur Hafdelin~ State Department Of Corrections, Division Of Probation and Parole, and that copies also be forwarded to Senators William B. Hopkins and Dudley J. Emick, Delegates Ray L. Garland, A. Victor Thomas, C. Richard Cranwell, Raymond R. Robrecht and to the Office of the Virginia State Attorney General to enlist their assistance: 1. the background Of the issue and why it comes to light at this time, 2.the number of rehabilitation houses in the neighborhood and the character of each, 4. the sentiments of the Council, that It feels it should of such institutions in this neighborhood, and survey the neighborhood as expeditiously as possible and provide the Council with the results of that survey and moved. (For full text, see letter as filed in the City Clerk's Office.) (For full text, see petition as filed in the City Clerk's Office.) (For full text, see communication as filed in the City Clerk's Office.} building code and health code regulations are being met and enforced by the proper authorities. referred to the City Attorney for opinion as to steps the Council may take, legally or otherwise, which would provide further recourse in the matter, to Council concerning the intent of the Zoning Ordinance, and to the City Dr. John Jofko appeared before Council and read a communication December 28, 1976. with processing a work order to increase eight signal poles in height from Mr. Hubard Offered the following emergency Ordinance transferring fers To Other Funds,= of the 1976-77 Appropriation Ordinance and providing 213 214 ~r. Subard offered the folloving emergency Ordinance authorizing execution Of a work order to the Virginia Department of Highways and Transporta- tion so as to provide for modification of certain street light poles for the new Jefferson Street Bridge Project= (%23436) AN ORDINANCE authorizing execution Of a work order to the Virginia Department of Highways and Transportation so as to provide for modifi- cation of certain street light poles for the new Jefferson Street Bridge Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote= Thomas and Mayor Taylor ..................................... 7. NAYS: None .......................................0. AIRPORTz The Assistant City Manager submitted a written report of the City Manager recommending authorization to enter into an agreement with Sowers, ROdeS and Whitescarver for design and preparation of plans and specifications for New High Intensity Lighting System Runway 5 at Roanoke Municipal Airport, Woodrum Field. (For full text, see report as filed in the City Clerk's office.) Mr. Taubman offered the following e-mergency Oroinance: (%23437) AN ORDINANCE authorizing the employment of the professional services of certain engineers to provide all necessary engineering and design services and drawings and specifications for and providing supervision and inspection of and performing other related services in connection with a new high intensity runway lighting system for Runway 5 at Roanoke Municipal Airport, Woodrum Field, upon certain terms and provisions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption Of the Ordinance. The motion was seconded by Mr. Bubard and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ....................................... 7. NAYS: None .........................................0. COUNCIL: The City Manager submitted a written report requesting an Executive Session to discuss a legal matter. Mr. Hubard moved that Council concur in the request of the City Manager to meet in Executive Session. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS: None .....................................................0. CITY F~tPLOYEBS-UNIONS: Council having previously referred to the City Attorney for advice a comunication from Ms. Lynn Thompson in connection with representatives of the Roanoke Education Association speaking to the Council in their capacity as REA representatives and on behalf of professional educators in the city, the City Attorney submitted a written report advising that in all relevant respects, the REA, organized and affiliated as it holds it- self out to be as a local branch of a larger statewide and nationwide organizatiol purporting to represent certain of the locally employed public school teachers, and perhaps, other employees of the local school board is a 'labor union' within the meaning and lntenb of Senate Joint Resolution (For full text, see report as filed in the City Clerk's Office.) Ns. Lynn Thompson appeared before Council and read a prepared statement in her capacity as a teacher in the Roanoke City public school system, advising that to deny representatives of the Roanoke Education Association the opportunity of speaking to City Council as representatives of professional educators in the Roanoke City public schools would be most unfortunate. {For full text, see statement as filed in the City Clerk's Office.} There was discussion in relation to Local No. 55, International Alliance of Theatrical Stage Employees and Moving Picture ~achine Operators at the Roanoke Civic Center, whereupon, Mr. Thomas moved that the City Attorney and the City Hanager be instructed to provide the Council with a report insofar as the I.A.T.S.E union contract and the city is concerned. The motion was seconded by Mr. Taubman and unanimously adopted, Messrs. Garland, Thomas and Mayor Taylor stated that they feel it would be a mistake if Council says a representative of a labor union cannot address the Council in communication because there is a difference between listening and negotiating. Mr. Thomas stated that the Council had before it a statement from Ms. Thompson, President of the Roanoke Education Association, under date of January 4, 1977, and, in making the presentation, Council heard her in her capacity as a citizen of the City of Roanoke and a teacher, whereupon, he then moved that the statement, with its title, be referred to the City Attorney to advise the Council at its next regular meeting on Monday, January 10, 1977, as to whether or not it is legally permissible for the Council to entertain this statement in the fashion in which it was presented. The motion was seconded by Mrs. Bowles. Mr. Hubard offered a substitute motion that the matter when referred to the City Attorney await conclusion of current litigation in the Virginia Supreme Court and until the 1977 Session of the General Assembly meets in order that he can advise Council as to whether or not it is appropriate under existing Virginia law for the Council to hear written or oral statements from representatives of public employee unions or associations involving city employees and city school board employees concerning conditions of employment. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Grove, Hubard and Taubman .........4. NAYS: Council members Garland, Thomas and Mayor Taylor ..........3. COUNCIL: The City Attorney submitted a written report requesting an Executive Session to discuss a matter of pending litigation. Mr. Hubard moved that Council concur in the request. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..................................................... 7. NAYS: None .......................................................0. 21'5 '216 REL~)RTS OF CO~41TTEESz TAX~S-TA~ICABSz Council having referred to the City ~axes co~lt~ee for study, report and recommendation a request from local taxicab companies for a reduction In their license tax rate from 92,20 per $100.00 of 9ross receipts to $.55 per $100.00 of 9ross receipts, the committee submitted a written report reco~nendtng that the license tax rate for taxicab companies be reduced to 9°55 per $100.00 of gross receipts retroactive to January l, 1976. (For full text, see report as flied In the City Clerk's office.) Hr. Thomas moved that Council concur in the recommendation of the committee. The motion was seconded by Hr. Taubman. Mrs. Bowles agreed that the tax rate needs to be lowered, however, she took issue with making the reduction retroactive to January 1, 1976 and offered a substitute motion that the rate be reduced to $.~5 per 9100.00 of gross receipts effective January l, 1977~ The motion was seconded by Mr. Grove. Mr. Richard F. Pence, Attorney, representing the taxicab companies~ appeared before Council and stated that almost no other city taxes taxicab companies on gross receipts, that the tax is generally per taxicab and in Roanoke some taxicab companies are paying the equivalent of 9300.00 per taxicab compared with 910.00 - $20.00 in other areas. Upon a roll call vote the substitute motion was lost by the following vote: AYES= Council me,beta Bowles, Grove and Taubman .................. 3. NAYS: Council members Garland, Hubard, Thomas and Mayor Taylor---4. The main motion was then adopted by the following vote= AYES= Council members Garland, Hubard, Thomas and Mayor Taylor---4. NAYS: Council members Bowles, Grove and Taubman .................. 3. Mr. Thomas moved that the report of the City Taxes Committee be referred to the City Attorney for preparation of the proper measure and that the measure be prepared as a non-emergency. The motion was seconded by Mr. Hubard and unanimously adopted. TAXES-LICENSES-FUEL OIL: The City Taxes Committee submitted a written report in connection with a request of the Virginia Gasoline Retailers Associa- tion relatlve to relief from the retail merchants license tax for service stations recommending that no change be made to the llcense tax rate of $.55 per $100.00 of gross receipts presently imposed on gasoline service stations since it is felt that any reduction below the rate of $.55 per 9100.00 would open the door to other similar requests, further recommending that the present tax structure be reviewed in its entirety during the 1977-78 budget study. The committee further recommended that no exemption from gross receipts be granted to gasoline service stations for the four cents federal excise tax. (For full text, see report as filed in the City Clerk's Office.) Mr. Tauhman moved that Council concur in the re~ort. The motion was seconded by Mr. Hubard and unanimously adopted. UNFINISHED BUSINESS= CITY ATTORNEY-CITY EMPLOYEES= Mr. Hubard called to the attention of Council that Mr. Jams N. Klncanon will retire as City Attorney on January 5, 1977, thatMr. Wllburn C. Dlbling will not officially assume his duties as City Attorney until January Il, 1977, and In the interim an Actin9 City Attorney viii be needed and placed in nomination the nam of Hr. James E. Buchholtz. There being ~o further nominations, Hr. Buchholtz vas elected as Acting City Attorney commencing January 5t 1977t to January 31t 1977, at Salary Grade 38t Step It of the City Pay and Classification Plan, by the following vote: FOR HR. BUCHHOLTZ= Council members Bowlest Garland, Grove, Hubard, Taubman, Thomas and Hayor Taylor ........................................... ITEHS REFERRED BUT STILL PENDIBG: The City Clerk presented a list of items referred but still pending from August 18, 1975t through December 28, 1976. (For full text, see list as filed in the City Clerk's Office.) Mr. Bubard moved that the list be received and filed. The motion was seconded hy ~r. Taubman and unanimously adopted. CONSIDERATION OF CLAIMS= NONE. INTRODUCTION AND CONSIDERATION OF O~DINANCES AND RESOLUTIONS= BUILDINGS: Council having directed the City Attorney to prepare the proper measure amending the Virginia Uniform Statewide Building Code, BOCA, Electrical Code and Plumbing Cede relative to street encroachments, unsafe structures - right of condemnation, reroofing of buildings, reinspection fees, penalties, and time llmlt after notification, he presented same~ whereupon, Mr. Hubard offered the following emergency Ordinance: (%23418) AN ORDINANCE amending Chapter 1.2. Uniform Statewide Build- in~ Code of Virginiat Of Title XV. Construction, etc. of The Cede of the City of Roanoke, 1956, as amended, by amending Sec. 2. Amendments, of said chapter and by the addition of a new section entitled Sec. 4. Penalty, to provide for certain administrative amendments to the Uniform Statewide Building Code of Virginia as adopted by reference~ amending Sec. 18. Penalty, of Chapter 2. Electrical code, Of said Title XV, to provide for an increase in the penalty for a violation Of the provisions of said Chapter 2~ and amending Sec. 2. Amendments, of Chapter 3.2. BOCA Basic Plumbing Code, of said Title XV, to provide for certain administra- tive amendments to the BOCA Basic Plumbing Code as adopted by reference. (For full text of Ordinance, see Ordinance Book NO. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... BAYS: None .....................................................0. ZONING: Council having directed the City Attorney to prepare the proper measure amending the City Code to provide for a certain charge for an appeal to the Board Of Zoning Appeals, he presented samel whereupon, Mr. Hubard offered the following emergency Ordinance= 217.' 218 (~23425) Alt ORDINANCE to amend and reordain Sec. 73,1, of Chapter 4.1. Zoning, of Title XV. Construction, Alteration and Use of Land, Bulldin~s and Other Structures., of The Cede of the city of Roanoke, 1956, as amended, to provide for a certain charge for an appeal to the Board of Zoning Appeals. (For full text of Ordinancew see Ordinance Bo~k No. Hr. Hubard ~oved the adoption of the Ordinance. The motion was seconded by Hr. Thomasand adopted by the following vote: AYES= Council members sowlest Garland, Grovew Hubard, Taubman~ Thomas and ~ayor Taylor .................................................... NAYS= None ...................................................... ROANOKE MEMORIAL HOSPITALS-BUSES-SPECIAL PERMITS: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to enter into an agreement with Roanoke Memorial Hospitals for the construction and ~aintenance of bus shelters on city propertym upon certain terms and conditions, he presented same~ whereuponm Mrs. Bowles moved that the following ordinance be placed upon its first reading: (S23426) AN ORDINANCE authorizing the City Manager to enter into an agreement with Roanoke Memorial Hospitals for the construction and maintenance of bus shelters on City property, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Hook No. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ......................................................... NAYS= None .................................................... 0. SEWERS AND STORM DRAINS-BUILDINGS: Council having directed the City Attorney to prepare certain measures in connection with the Fairland Lake - Glenavon Sanitary Sewer Project, he presented same~ whereupon, Mr. Grove offered the following emergency Ordinance providing that the increase in permit fees for four inch Or six inch sewer connections shall not apply to the owner of any property against which an assessment is made for a sanitary sewer project which was authorized prior to July 23, 1976, and which required assessments from abutting landowners= (t23438) AN ORDINANCE amending Section P-113.0 of the BOCA Basic plumbing Code as set forth in Sec. 2. Amendments, of Chapter 3.2. BOCA Basic Plumbing Cede, of Title XV. Construction, etc., Of The Code of the City of Roanoke, 1956, as amended, to provide that the increase in permit fees for 4-1nch or 6- inch sewer connections shall not apply to the owner of any property against which an assessment is made for a sanitary sewer project which was authorized prior to July 23, 1976, and which required assessments from abutting landowners, and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................... ?- NAYS: None ......................................................0. Hr. Thomas offered the following emergency Ordinance authorizing construction of the sanitary sewer system to serve the Fairland Lake and Glenavon areas of the (e23439) AN OI~DIN~CE authorizing the construction of a public sanitary sewer system to serve the Falrland Lake and Glenavon areas of the City, for which improvements assessments are to be made against the abutting landowners to be served by said sewer system~ fixing the estimated amounts Of the assessments to be made against said abutting landownersl providing for the collection and payment of said assessments~ providing for the docketing of an abstract of this Ordinance in the Clerkes Office of the Circuit Court Of the City Of Roanoke and of the individual assessments against each said abutting landow~erl and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. The Reverend Carl ?. Tinsley, 2647 Spring Hill Drive, N. W., and Mr. James L. Jones, 2?24 Meadowview Drive, N. W., appeared before Council and re- quested that if the homeowners are required to pay any of the costs, that they pay only those costs that were applicable at the time Ordinance No. 21701 was adopted by the Council on July 29, 1974. Hr. Frank K. Saunders, Attorney, representing the owners of the Noback- Lemon tract, appeared before Council and advised that the $12,000.00 assessed for this tract Of land appears tn be excessive and is not supportive by the state codel section which requires the assessment to be not in excess of the peculiar benefits and he has advised his clients in the event Council adopts the Ordinance as proposed, that some appeal should be made to the courts for a determination. Ne requested that Council refer the matter to the City Attorney in order that they might discuss, in relation to this particular tract, what is meant by peculiar benefits. Mr. Thomas moved the adoption cf the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote= AYES: Council me~bers Bowles, Garland, Grove, Hubard, Taub~an, Thomas and Mayor Taylor ...................................... NAYS: None ........................................ Mr. Taubman offered the following emergency Ordinance transferring $215,180.74 from Sewage Lateral Replacement to Falrland Lake Sanitary Sewer, Capital Projects Fund, under Section 11855, 'Transfers to Other Funds,' of the 1976-77 budget to provide necessary funds for the sanitary sewer project: (t23440) AN ORDINANCE to amend and reordain Section 11855, 'Transfers To Other Funds,' o£ the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Taubman moved the adoption of the Ordinance. The ~otlon was seconded by Mr. Hubard and adopted by the following vote: AYES: Council me~lbers Bowles, Garland, Grove, Eubard, Taubman, Thomas and Mayor Taylor ....................................................7. NAYS: None ...................................................... 0. 219 22O Hr. Hubard offered the following emergency Ordinance accepting the proposal of Plecker Construction Company for construction of the sanitary sewer project~ (%23441) AN ORDINANCE accepting a bid and awarding a contract for the construction of a public sanitary sewer system to serve the Falrland Lake and Glenavon areas of the city, upon certain terms and conditionsl rejecting certain other bids made thereforl and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by}tr. Taubman and adopted by the following vote: AYES~ Council members Bowles, Garland, Grove, Hubard, Taubma~ Thomas and Mayor Taylor ................................................ NAYS: None .................................................. BUDGET-PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure appropriating $32,000.00 to Mill Mountain Playhouse, Capital Projects Fund, under Section %1855, 'Transfers to Other Funds,' of the 1976-77 budget, in connection with reimbursement of insurance settlement on fire damage to the Mill Mountain Playhouse, Mr. Hubard offered the following emergency Ordinance: (%23442) AN ORDINANCE to amend and reordain Section %1855, 'Transfers to Other Funus,' Of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... NAYS: None ..................................................... 0. 5TP~ET NAHES: Council having directed the City Attorney to prepare the proper measure designating and fixing the following street names: Old Virginia Street, N. E., Welcome Valley Road, S. E., Wonju Street, S. W., Municipal Road, N. W., Clifton Street, N. W., and Aviation Drive, N. W., he presentc~t samel whereupon, Hr. Grove moved that the followlng Ordinance be placed upon its flret reading: (%23443} AN ORDINANCE designating and fixing the names to certain streets located in all four quadrants of the city. {For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Ruhard, Taubmaa, Thomas and Mayor Taylor .................................................... 7. NAYS: None ......................................................0. Thomas and Mayor Taylor .................................................... 7. NAYS~ None ......................................................O. COUNClLz Mr. Bubard moved that Council meet in Executive Session adopted by the following vote~ Thomas and Hayor Taylor ....................................................?. FIRE DEPARTMENT: The City Clerk reported that Hessrs. Bonald O. Craw- ford and Robert E. Rullen have qualified as members of the Board of Fire Appoals for terms of four years each ending 3une 30, 1980. years ending December 31, 1979. was seconded by Mr. Huhard and unanimously adopted. before Council in reference to recent publicity concerning allegations that the ~ Southwest Virginia Community Development Fund has used funds improperly in the pas~! and implored Council to look at the economic ramifications if federal funding people should be removed, but the program and the concept behind the program should remain viable. amendment which would not require Council appointed officers to reside within the City of Roanoke, advising that the city should be authorized to seek qualified people outside the city, but once hired they should become city residents. discontinuing and closing a portion of the alleyway extending in a westerly vacating, discontinuing and closing the portion of the alleyway. No. 23349: 222 (123~44} RNORDII%~NCE repealing Ordinance ~o. 23349~ ~ez~nentl¥ va- cating, discontinuing and closing a portion of the alleyway extending in a westerly direction between Block 14, Exchange Building & Investment Company Map and Block 1, Janette Land Company Hap, from its ~ntetsec~ion ~lth Fr~klln ~ad as Is ~re pareicularly descrlb~ heteinafterl ~d prov~ding fo: an emergency. (For full tex~ of Ordinance~ see Ordinance B~k ~. ~ho~s ~v~ ~he adoption of the O~dinance. The mo:ion ~as seconded bye. Tau~n and adopted by the following vote: AYe= Council m~ers ~wles~ Garland, Grove, Hubard~ Taub~ Tho~s and Mayor Taylor ................................................... NAYS= None .....................................................0. Hr. Tho~s then offer~ the following OrdSnance, for ~ts second reading and final adoption, pe~anently vacat~ng~ d~scont~nu~g and closing a ~rt~on of the alle~ay extending ~n a westerly d~rect~on between Block 14~ Exchange Building & Inves~ent Company ~p an~ Block 1, Janette Land Company ~p from its ~ntersect~o~ wi~h Franklin (~23445) ~O~I~CE pe~nently vacating, d~scontinuing and closing a portion of the alle~ay extending in a westerly direction between Block Exchange Building ~ Investment Company Hap and Block 1, Janette Land Company Hap from it~ intersect/on w~th Franklin Road as is ~re particularly describ~ hereinaf~er~ providing for a new alle~ay connecting the portion of the alle~ay re~inlng open w~th W~s'Avenue, S. W.~ and providing the effective date of the aforesaid alley closing. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas mov~ the adoption of the ordinance. The motion was seconded by Mr.'Taub~n and adopte~ by the following vote= AYe: Council me.ers Bowles, Garl~d, Grove~ H~ard~ Taubm~, Thomas and Mayor Taylor .................................................... NAYS= None ...................................................... There being no further business, th~ ~yor declared the adjourned. A~TEST: City Clerk APPROVED COUNCIL, REGULAR HEETING, Honday, January 10, 1977. The Council of the City of Roanoke met in regular meeting in the Council chamber in the Municipal Building, City of Roanoke, at 7*30 p.m., Monday, January 10, 1977, withl4ayor Noel C. Taylor presiding. PRf~ENT, Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, Milliam S. Hubard, Nicholas P. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor .................................................. ?. ABSF/iT: None ................................................... 0. OFFICERS pRESBNT~ }ir. Byron B. Baner, City Manager; Mr. Sam N. McGhee, III, Assistant City Manager; Mr. James E. Buchholtz, Acting City Attorney; }ir. John H. Mitchell, Assistant Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend E. T. Burton, Pastor, Sweet Union Baptist Church. H~ARING OF CITIZENS UPON PUBLIC MA~BP~: NONE. P~"~ITIONS AND CO~4UNICATIONS: NONE. P~PORTS OF OFFICERS: DOWNTOWN ROANOKE: The City Manager submitted a written report relative to a statement presented to the Council by Mr. G. Neal Maddox on behalf of the Downtown Business League, Incorporated, and downtown businessmen concerning an appropriate program for assisting in the revitalization of downtown, transmitting three recommendations in connection therewith. {For full text, see report as filed in the City Clerk's Office.) After a discussion of the recommendations, Mr. Taubman moved that Council concur in the report and suggested that March 1, 1977, be established as the date for removal of the parking meters as set out in the report for a trial period of six months. The motion was seconded by Mr. Garland and adopted, Mrs. Bowles voting no. AUDITORIUM-COLISEUM: The City Manager and the Acting City Attorney submitted a joint report in connection with the instructions of Council at its last regular meeting wherein it requested a report on the existence of a contract between the City of Roanoke and Local No. 55, I.A.T.S.E. for services at the Roanoke Civic Center, advising that the user/promoter agrees in the rental contract with the Civic Center to pay all costs associated with the use of I.A.T.S.E. personnel for the production of a particular event at the Civic Center, that the I.A.T.$.E. personnel are not city employees, they are individuallyi employed for each of the particular events requiring their services and the city collects from the user/promoter the fees charged by them for their services and in turn pays I.A.T.S.E. those fees. {For full text, see report as filed in the City Clerk's Office.) Mr. Garland moved that the report be received and filed. The motion was seconded by Mr. Grove and unanimously adopted. SEWERS AND STORM DRAINSs The City Manager submitted a written report recommending approval of the proper measure authorizing acquisition of 31 ease- ments necessary for construction of the Fairland ~ake Sanitary Sewer Pro~eotw in the total amount of $6w146.00. (For full text, see report as filed in the City Clerk's Office.} Mr. Grove offered the following emergency Ordinance directing and providing for the acquisition of the easements~ (423446) AN OP~INANCE directing and providing for the acquisition of certain easements in land wanted and needed by the City for the construction of the Fairland Lake Sanitary Sewer Interceptor Llne~ in the Fairland Lake and Glenavon areas within the City of Roanoke~ fixing the consideration offered to be paid by the City for each said easement and other terms and provisions Of such acquisition; providing for the city's acquisition of said easements by condemnation, under certain circumstances; authorizing that the City make motion for the award of a right of entry on each or any of said properties for the purpose of commencing its work of improvements; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland~ Grove, Bubard, Taubman, Thomas and Mayor Taylor ......................................... 7. NAYS: None ...........................................0. SEWERS AND STORM DRAINS - EASEMF--NTS: The City Manager submitted a written report recommending that necessary action be taken to provide for re- lease of the sewer easements along the rear property lines of Lots 18, 19, 20, 23, 23A, 23B, 24, 25 and 26, Block 4, Map of WilliamFleming Court, as requested by Dixie Bearings, Incorporated. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the report and that the followtn~i Ordinance be placed upon its first reading: (~23447) AN ORDINANCE authorizing execution of a deed of release, releaslnq the City's interest in certain sewer easements heretofore granted to the City of Roanoke, upon certain terms and conditions. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ......................................... 7. NAYS: None ...........................................0. AIRPORT: The City Manager submitted a written report recommending a settlement payment of $1,000.00 to Cross Electric Company, Incorporated, for their claim for extra work and release of withheld liquidated damages in the total amount of $4,780.84 relating to their contract for additional ra~p light- ing at Roanoke Municipal Airport, Woodru~ Field. (For full text, see report as filed in the City Clerk's Office.) ,! H~. ?homaemoved that Council concur in the re~ort and that it be referred to the Acting City Attorney for preparation of any necessary documents to complete the transaction° The motion was seconded by Mr. Hubard and unanimously adopted. AIRPORTx The City Manager submitted a written report relative to the lease and acquisition of certain property at Roanoke Municipal Airport, Woodrum Field, recommending that Council concur in the assignment of a certain agreement of lease from Arrow Wood Country Club, Incorporated, to Builders Investment Group, a Florida business trust, and to the sublease of the property demised by said agreement back to Arrow Wood Country Club by Builders Investment Group; and requesting the concurrence of Council to purchase eight lots from Builders Investment Group, in the amount of $90,000.00, with the stipulation that BIG, nor subsequent owners of the property being conveyed to BIG, will claim damages to that property as a result of the activity of the airport and the navigational system as it exists upon the installation of the LDA and HALER Systems for Runway 5. (For full text, see report as filed in the City Clerk's Office.) Mr. Taubman offered the following Resolution providing for the assign- ment Of the agreement of lease= {~23448) AN OP~INANCE providing the consent of the City of Roanoke to the assignment of a certain agreement of lease from Arrow Wood Country Club, Inc. t to Builders Investment Group, a Florida business trust and to the sublease of the property demised by said agreement back to Arrow Wood Country Club, Inc., by said Builders Investment Group, upon certain ter~ and condltlons~ and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubmant Thomas and Mayor Taylor ............................................................ NAYS= None ....................................................... 0. Mr. Taubman offered the following emergency Ordinance amending Ordinance No. 23341 relative to acquisition of certain properties wanted and needed by the City for the construction of navigational aids at the airport= (%23449) AN O~DINANCE amending Ordinance No. 23341, adopted November 1, 1976, as amended by Ordinance No. 23375, adopted November 22, 1976, directing and providing for the acquisition of certain properties wanted and needed by the City for the construction of navigational aids at Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions; providing for tho city's acquisition of said properties by condemnation, under certain clrcu~stances~ authorizing that a motion be made for the award of right of entry on each or any of said properties for the commencement of said construction; authorizing the execution of certain agreements with the Department of Highways and Transportation of the Commonwealth of Virginia to construct and maintain the aforesaid navigatlona aids across U. S. Interstate 581; authorizing the City Manager to apply for the 225 226 appropriate grants from the Governments of the United States of America and the Commonwealth of Virginia for reimbursement of costs for the aforesaid acquisition~ authorizing the City Manager to transmit to the Federal Aviation Adm~nistration a letter of the City's intent to enter into License Agreement No. DOT-FAT?EA- 8620 to provide for a Medium Intensity Approach Light System with Runway Alignment Lights (MALSR) to serve Runway 5 at Roanoke Municipal Airport, woodrum Fleldm upon the acquisition of the necessary properties; by authorizing the acquisition of certain properties from Builders Investment Group, a Florida business trust; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Mr. Taub~n ~x)ved the adoption of the Ordinance. The motion was seconded byMr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ................................................... ?. NAYS= None .....................................................0. BUDGET= The City Manager submitted a written report transmitting copy of the city's new Sudget Manual, advising that the Council's agreement to and con- currence in the time schedule is needed. (For full text, see report as filed in the City Clerk's Office.) Mr. Taubman moved that Council concur in the report. The motion was seconded by Mrs. Bowles and unanimously adopted. REPORTS OF COMMITTEES: REGIONAL JAIL: Mr. Hubard, Chairman Of the Jail Stuoy Committee, submitted a written report in connection with a December 15, 1976, communication from Roanoke County expressing interest in the construction and operation of a regional jall for the Roanoke Valley and requesting a statement from the city as to specific terms upon which it would be interested in joining in a joint jail facility located at the site of the city's planned new jail on Campbell Avenue in downtown Roanoke. He advised that the Conuaittee has given the matter careful and studied consideration and recommends that Roanoke City Council extend a formal invitation to Roanoke County to join the city on six' listed bases. (For full text, see report as filed in the City Clerk's Office.) Mr. Bubard suggested that the following sentence be inserted in the proposed measure transmitting this information to Roanoke County: 'It is respect- fully requested that Roanoke County respond to this offer on or before February Mr. Hubard then offered the following Resolution as amended: (~23450) A RESOLUTION repealing prior offers for a joint-use jail facility made by the City of Roanoke to other political subdivisions and authorizin~ and directing certain city officials to prepare and transmit to the County of Roanoke a certain contract offering to said County joint-use of the City's new jail facility upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES~ Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS~ None .....................................................0. TRAFFIC-LEGISLATIONz A report Of the Roanoke Highway Safety Co~nis- sion requesting that Council support retaining the Virginia Motorcycle Helmet Law as written and notify the local state legislators of this position, was before the body. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the report and that it be referred to the City Attorney for preparation of the proper measure to be addressed to the City's representatives in the 1977 Session of the General Assembly advising Of the Council's support to retain the law as written and requesting the support of the legislators thereof. The motion was seconded by Mrs. Bowles and unanimously adopted. INDUSTRIES: A report of the Industrial Development Authority trans- mitting a Resolution adopted by the Authority to assist Halmode Apparel Incorporated, in financing the acquisition of an existing manufacturing facility in the city (the old Singer Plant), and to issue its industrial development revenue bonds in an amount estimated at 1.5 million dollars, was before Council. (For full text, see report as filed in the City Clerkts Office.) Hr. Garlanu morea that ~he report be referred to the City Attorney for advice as to appropriate action to be taken by the Council. The motion was seconded by Mr. Hubard and adopted, Mr. Taubman and ~ayor Taylor not voting. SEWERS AND STORM DRAINS: A committee appointed to study bids received for repairs to three existing digesters at the Sewage Treatment Plant submitted a written report recommending that the bid of Southwest Construction, Incorpora- ted, in the amount of $34,720.00 be accepted. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the report and that it be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Grove and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS= STREET NAMES: Ordinance No. 23443 designating and fixing the names of Old Virginia Street, N. E., Welcome Valley Road, S. E., Wonju Street, S. W., Municipal Road, N. W., Clifton Street, N. W., and Aviation Drive, N. W., to certain streets located in all four quadrants of the city, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Eubard offering the following for its second reading and final adoption: (%23443) AN ORDINANCE designating and fixing the names to certain streets located in all four quadrants of the city. (For full text of Ordinance, see Ordinance Book No. 227~ 22'8 Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the following vote= AYES~ Council members Bowles, Garland, Grove, Hubard, Taubman~ Thomas and Mayor Taylor ................................................ NAYS= None .................................................. REHABILITATION HOHES~ Council having instructed the City Attorney to prepare the proper measure requesting the Virginia Department of Corrections, Division of Probation and Parole Services, to reconsider the location of th~' Watimka House at 1302 Second Street, S. W., he presented sama~ whereupon, Hr. Rubard offered the following Resolution= (%23451) A RESOLUT3ON requesting the Virginia Department of Corrections, Division of Probation and Parole Services, to reconsider the location of a certain corrections facility. (For full text of Resolution, see Resolution BOOk NO. Hr. Allen Brittle, Chief Probation and parole Officer of the Roanoke area, appeared before Council and stated that he does not know how the Resolution will be received by the Virginia Department of Corrections, that he feels the state has complied with the City Code in obtaining the certificate of occupancy and they are now occupying 1302 Second Street, S. W, He pointed out that the people who are being housed at Watimka Rouse are individuals who are now on the streets, that there were no complaints in the two years of operation on Williamson Road, that he is in complete sympathy with the people of the old southwest community, but he does not feel the state has done anything that is not in the best interest of the citizens of Roanoke. In reference to the concentration of rehabilitation houses in this general area, Mr. Brittle stated that the fact Hegira House and O~nf House handles out-patients and the two facilities are close to Nati~Lka House is advan- tageous in that they do not get into transportation and communication problems, etc. Dr. Robert C. Crawford, 1224 Franklin Road, S. W., appeared before Council and made reference to the lack of law and order in the old southwest section, advising that there is no precedent for the concentration of such halfway houses in the State of Virginia, that he has never seen so much unrest in one area, and people are afraid to go out on the streets. In concluding, he stated that the City Manager and the Ruildlng Corm~issioner overspent'their authority when they issued the certificate of occupancy for Watimka House in that they should have brought the matter to Council for final disposition. Dr. E. R. McDannald, Jr., appeared before Council and expressed concern about the concentration of these types of houses in the old southwest area and stated that some type of overall plan should be initiated to prevent this type of thing from happening in other sections of the city. Hr. Thomas advised that the Hoard of Zoning Appeals will meet on February 8, 1977 on an appeal filed by Mrs. Effie George relative to the issuance of the certificate of occupancy and he urged that all interested residents appear before that body to voice their concern. After approximately a ninety minute discussion of the matter in which the Council had an opportunity to voice its concern, and to listen to statements of concerned citizens, Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. TAXES-TAXICABS: Council having instructed the City Attorney to prepare the proper measure providing for a reduction In the license tax On persons who operate taxicabs or other for hire passenger motor vehicles, retroactive to January l, 1976, he presented same; whereupon, Mr. Thomas moved that the following Ordinance be placed upon its first reading: (~23452) AN ORDINANCE amending and reordalning Sec. 109. Taxicabs or other for hire passenger motor vehicle operators., Chapter 8. License Tax Code., of Title VI. Taxation., of The Code of the City of Roanoke, 1956, as amended, by providing for a reduction in the license tax on persons who operate taxicabs or other for hire passenger motor vehicles, making such amendment re- troactive to January l, 1976. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Garland and adopted by the following vote= AYES: Council members Garland, Hubard, Thomas and Mayor Taylor ....4. NAYS: Council members Bowles, Grove and Taubman ...................3. BUDGET-MISCELLANEOUS-CITY MANAGER: Mr. Bubard offered the following emergency Ordinance appropriating $12,500.00 to Other Services and Charges under Section %0201, "City Manager," of the 1976-77 budget: (~23453) AN ORDINANCE to amend and reordaln Section ~0201, "City Manager," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ......................................................7. NAYS: None ........................................................ 0. BUDGET-MISCELLANEOUS: Mr. Thomas offered the following emergency Ordinance appropriating $20,060.00 to Personal Injuries under Section ~1850, "Miscellaneous," of the 1976-77 budget: (~23454) AN ORDINANCE to amend and reordain Section ~1850, "Mis- cellaneous," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS: None .....................................................0. 229 23.0 MOTIONS AND MISCELLANEOUS EUSINESS~ NONE. OTHER HEARINGS OF CITIZEES~ NONE. There being no further buslnesst the Mayor declared the meeting adjourned. ATTESTs City Clerk APPROVED Mayor COUNCILw ~EGULAR HEETING~ Monday~ January 24, 1977. The Council of the City of ~oanoke met in regular meeting In tho Councll Chamber ~n the Municipal Building, City of Roanoke, at 2~00 p.m., Monday, January 24~ 1977, the regular meeting hour, with Mayor Noel C. Taylor presiding. PRESENT= Council me, ers Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove Carrlv~d late), Wllllam $. Nubard ~arrtv~d late), N~cholas F. Taubman, N~pton W. Thomas and Mayor Noel C. Taylor ..................... ABSENT: None .................................................0. OFFICERS PRESENT= Mr. Byron E. Haner~ C~ty Manager; Mr. Sam H. McGheew III, Assistant C~ty Manager; Mr. James E. Buchholtz, Acting City Attorney; Mr. Joel M. Schlanger~ Director of Finance; Mr. John B. Mitchell, Assistant Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION: The meeting was opened with a prayer by The Reverend Robert L. Bradley, Pastor, Westhampton Christian Church. MINUTES: Copies of the minutes of the regular meetings held on Monday, December 28, 1976, Tuesday, January 4, 1977, and Monday, January 10, 1977, having been furnished each member of Council, on motion of Mr. Thomas, seconded by Mr. Taubman and adopted, the reading thereof was dispensed with and the minutes were approved as recorded. P~EAL ESTATE ~SESSOR: In recognition of the retirement of Mr. Charles S. McNulty, Real Estate Assessor, on January 26, 1977, Mrs. Bowles offered the following Resolution: (%23455) A RESOLUTION relating to the Honorable Charles S. McNulty, retiring Real Estate Assessor. (For full text of Resolution, see Resolution Book No. Mrs. Bowles moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Taubman, Thomas and Mayor Taylor ........................................ 5. NAYS: None .........................0. (Council members Grove and Hubard had not arrived at the meeting) At this point, }tr. Bubard entered the meeting. The Mayor also presented Mr. McNulty with a Certificate of Merit and a Key to the City and on behalf of the Council wished him well in his future endeavors. G~ANTS: Council having previously appropriated funds through a grant for publication of a Vietnamese Newsletter in coordination with Total Action Agains Poverty in Roanoke Valley, Mr. Nguyen Juy Tan appeared before Council and presented each member of Council and city officials with a copy of the Newsletter. BEARING OF CITIZENS UPON PUBLIC MATTERS= 23~. BUDGET-SCBOOLSt Mr. Warner N. Dalhouse, a member of the Virginia Western Comunlty College Board of Directors, appeared before Council and read a prepared statement relative to the budget request for fiscal year 1977-78 of Virginia Western, advising that they ere requesting $57,230.00 as the City of Roanoke contribution. {For full text, see budget request and statement as filed in the City Clerk's Office.) Hr. Teubmanmoved that the request be referred to the 1977-78 Budget and Planning Committee for consideration. The motion was seconded by Hr. Thomas and adopted, Mr. Grove had net arrived at the meeting. ~ET~TIONS AND BUDGET-SCHOOLSt A communication from tho Roanoke City School Board requesting that $45,$?$.00 be appropriated to Section %15408, 'Library ~tateria3s, Title IV, part B~ P. L. 93-380, of the 1976-77 budget, 100 per cent of expenditures to be re~nbursed by State Department of Education funds~ was before Council. (For full text, see comraunication as filed in the City Clerk's Office.) Mr. Thomas offered the following emergency Ordinance appropriating the requested funds: {%23456) AN ORDIN~/~CE to amend and reordain Section %15408, 'Schools Library Hateria]s, TitIe IV, Fart H, P. L. 83-380,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thon~as moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the followlng vote: AYES= Council members Bowlest Garland, Hubard, Taubman, Thomas and Mayor Taylor ............................. 6. NAYS= None ........................ O. {Mr. Grove had not arrived at the meeting) COMPLAINTS-REHABILITATION HOMES: A communication from Hr. Jack F. Davis, Director, State Department of Corrections, relativ~ to Resolutlo~ No. 23451 requesting the Virginia Department of Corrections to reconsider the location Of Watlraka House at 1302 Second Street, been signed for the dwelling effective January 1, 1977, through June 30, 1978, and they are committed for that period, and because they want to have good working relationships with the co--unities in which they are involved, they would be willing to meet with representatives of the City of Roanoke at their convenience during January 1978 to review the conduct and workzngs of the correct,on al center and based on those findings, they can determine whether they properly should continue to utilize the residence as a co~=nunity center after June 30, 1978, and in this way the City and the Department will have an opportunity to judge the community center on what has actually been experienced, was before Council. (For full text, see co~munlcation as filed in the City Clerk's Office.) !1 At this point, Mr. Grove entered the meeting. Mr. Thomas moved that the commu~lcation be received and filed. The motion was seconded by Mr. Taub~an and unanimously adopted. Mr. Hubard stated that it is too early to arrange for a meeting with the State Department of Corrections right now but~ at an appropriate time, the City Manager Or the City Clerk should remind the Council that a meeting is in order for January, 1978. Mrs. George T. George appeared before Council and stated that if she cannot get assistance from the Council, she is prepared to take the matter to the proper authorities in Richmond, that Council is the local governing body and the citizens look to it for help. She also stated that recently she filed a copy Of an anonymous communication with the Council concerning the operation of Watimka House, and the gentleman, Mr. Carlton F. Aylor~ who wrote the co~unication was present and would like to raake certain remarks to the Council. Mr. Aylor advised that on December 1S, 1976, he wrote the communica- tion referred to by Mrs. Georgo to Mr. Jack A, Davis, that at that time he was an employee of Watlmka House and he described the conditions that existed as he saw them. He advised that in the beginning the city was told there would be no vlolent offenders at Watimka House, however, there are people there with violent backgrounds such as murderers and rapists, etc. He stated that as it stands right now, Watimka House is a breeding place for crime, that the men steal from each other because the state does not furnish them with food and they are discouraged from getting food stamps. In concluding he added that the facility when it was on Williamson Road was not run properly and it was not operated in a sanitary manner. Mr. George T. George appeared before Council and stated that it is a disgrace for the state to allow these people to come into the City of Roanoke and treat them in this manner and they are forcing these people back into prison. The Mayor stated that it appears some further action could be taken on the matter and he made reference to a meeting of the Virginia Municipal League in Richmond on Thursday, January 26, 1977, advising that he, along with the Vice-Mayor, planned to attend that meeting and while they were in Richmond possibly they could talk with certain persons in authority to ascertain if something further could be worked out and asked Council if they would approve of such a course of actiont whereupon, affirmative response from the Council was received. The Mayor then requested that the City Clerk assemble a package of pertinent communications relative to the background of the issue which could be shared with officials in Richmond. ELECTIONS: A communication from Mr. Andrew S. Thompson, Secretary, Electoral Board, advising that the Board unanimously endorses the creation of a Central Absentee Voter Election District for the year February 1, 1977 to February 1, 1978, and that the polling place be located in Room 102 of the Courthouse, was before Council. (For full text, see communication as filed in the City Clerk's Office.) 233 234 Mr. Garland offered the following emergency Ordinance reestablishing the central absentee voter election district in the Courthouse Building in the City of Eoanokes (f23457) ~ ORDI~CE reestablishing a central absentee voter election district in the Courthouse Building in the City of Roanoke, as provided in Sec. 68., Chapter 2.2. Precincts and voting places, of Title IV. Elections of the Code of the City of Roanoke, and providing for certaln notification to be 91ven~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Garland ~ove~ the adoption of the ordinance. The motion was seconded by ~r. Hubard and adopted by the following voter AYes: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................. ?' NAYS= None ...............................................0. ELECTIONS: A communication from Mr. Andrew H. Thompson, Secretary, Electoral Board, advising that the City Co~e should be changed to list the voting place for Williamson Road Precinct NO. 3 as Fire Station No. 2, was before Council. (For full text, see communication as filed in the City Clerk's Office.} Mr. Thomas moved that the conu~unication be referred to the City Attorney for preparation of the proper measure. Tile motion was seconded by Mr. Garland and unanimously adopted. ~PORTS OF OFFICER~: SL"WERS AND STOP24 D~AIN$: The City Manager submitted a written report advising of receipt Of $44,940.00 from N & W Railway Company as reimbursement for repair work done On the Norfolk Avenue Storm Drain under the N & W track of the Winston-Salem llne. (For full text, see report as filed in the City Clerk's Office.) ~r. Taubman moved that the report he received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. CITY EMPLOYE~S= The City Manager submitted a written report advising of receipt of a letter from the State Director of Personnel indicating the grievance procedure recently adopted appears to conform to requirements of the code of Virginia. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. AIRPORT: The Acting city Attorney submitted a written report trans- mitting an Ordinance giving authority to the Director of Finance to transfer from certain funds of the city to the City's several Enterprise Funds certain monies, which shall later be reimbursed by the requisite Enterprise Fund to the Fund from which such monies are so transferred. Ne added that originally the Director of Finance requested that this apply to money from the General Fund or the Capital Fund to the Airport Fund, however, in discussions with the current Director of Finance and the Assistant Director of Finance, it is their opinion that the money should apply to any of the Enterprise Funds and the Ordinance was drafted accordingly. !1 Mr. Thomas offered the proposed Ordinance. The motion was seconded by H~, Grove, Discussion was held in reference to controls which would insure that the money is reimbursed to the proper Enterprise Fundl whereupon, Mr. Thomas offered a substitute motion that the matter be referred to the Audit Committee, the City Attorney and the Director of Finance for further study, report and recom~endation to the Council. The motion was seconded by Mr. Garland and unanimously adopted. The report of the Acting City Attorney also dealt with a request by Council to prepare a measure permitting the Hanager of the Civic Center to cash checks drawn on the Civic Center checking account for promoters in emergencies when the Civic Center account has sufficient funds belonging to the promoter to cover the City's rent and the amount of the check being cashed, advising that an appropriate method of accountability with reference to the City Charter responsibility of the Director of Finance needs to be established and as soon as an acceptable method of accountability can be established, both his office and the Director of {~ Finance will be in a position to make an appropriate recommendation to the Council, however, in the interim period, in view of establishment of the independen% civic Center Commission, it would seem appropriate to also refer this matter to the Commission for its consideration and recommendation in its policy-making capacity. (For full text, see report as filed in the City Clerk's Office.) Mr. Taubman -~oved that the report be referred to the Roanoke Civic Center Commission, the Director of Finance and the Manager of the Roanoke Civic Center for study, report and recommendation to Council. The motion was seconded by Mr. Hubard and unanimously adopted. CITY MARKET-CITY CODE: The Acting City Attorney submitted a written report in connection with a review of Title XXII of the City Code relative to weights and measures functions, and calling attention to the needed revision and recodification of the City Code. (For full text, see report as filed in the City Clerk's Office.) After a discussion of the matter, Mr. Thomas moved that Council concur in the sentiments of the Acting City Attorney that the City Code and City Charter are in need of revision and recodification and that the City Attorney, in conjunction with the City Manager, be requested to obtain necessary data and proposals for such revision and recodification of the City Code and City Charter. The motion was seconded by Mr. Hubard and unanimously adopted. Mr. Hubard requested that the Acting City Attorney advise Council, in light of the above action, if the Roanoke Traffic Code Committee should be dissolved. SEWERS AND STORM DRAINS-ANNEXATION-WATER DEPARTMENT: The Acting City Attorney submitted a written report in connection with a co~unication from Mr. Curtis W. Fitzgerald relative to equal treatment for annexed residents for water and sewer service, and also in connection with the city's legal position if citizens in the annexed area pay their sewer and water bills to the city rather than the Roanoke County Public Service Authority. 235 236 (For full text, see report es filed in the City Clerk's Office.} Hr. Curtis W. Fitzgerald, 4024 Norwood Street, S, W., appeared before Council and read a prepared state.eat requestin9 that Council delay no longer in directing the Director of Utll~ties and Operations to provide the newly annexed residents w~th water service, via new water llnes, to replace the very old, Inadequate and worn Out lines now servlng their area. (For full text, see statement as filed in the City Clerk's Office.) Mr. Thomas moved that the report be recelved and filed. The motion was seconded by Mr. Taubman and unan~nously adopted. Mr. Thomas moved that the Acting City Attorney be instructed to contact Mr. Frank N. Perklnson, Jr., Attorney, representing the 'sewer serfs' in the pending Federal Court sult relatlve to the ownership of sewer lines in the annexed area, to discuss the case and set up a meeting with Council as soon as possible to discuss the further merits of the pending litigation. The motion was seconded by Mr. Grove and unanimously adopted. STREETS AND ALLEYS= The Acting City Attorney submitted a written report reeonunendlng that the city convey a certain portion of an alley closed by Ordinance No. 23400 to Wometco Coca-Cola Bottling Company of Roanoke, Incorporatedt and transmitting an Ordinance to accomplish same. (For full text, see report as filed in the City Clerk's Office.} Mr. Hubard offered the proposed Ordinance. The motion was secon~eu by Mr. Taubman. Mrs. Bowles questioned the sum lnvolved in the nominal consideration; whereupon, Mr. Thomas offered a substitute motion that action on the Ordinance be deferred until the regular meeting of Council on Monday, February 7, 1977, pending information as to the sum involved in the nominal consideration as referred to in the Ordinance. The motion was seconded by Mr. Nubard and unanL~ously adopted. INDUSTRIES: The Assistant City Attorney submitted a written report in connection with the issuance of industrial development revenue bonds by the Industria! D~velopment Authority to assist Nalmode Apparel, Incorporated, in the acquisition of an existing manufacturing facility, advising that since the Authority, as a separate politlcal subdivision, may, in its own na~e, issue bonds for this purpose, no affirmative action of Council is required. (For full text, see report as filed in the City Clerk's Office.} Mr. Bubard moved that the report be received and filed. The motion was seconded by Mrs. Bowles and adopted, Mr. Taubman and Mayor Taylor not voting. COUNCIL: The Actlng City Attorney submitted a written report requesting an Executive Session with the members of Council to discuss a matter of lltigat£on. (For full text, see report as filed in the City Clerk's Office.} Mr. Thomas moved that Council concur in the request. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council meanders Bowles, Garland, Grove, Hubard~ Taubman, Thomas and Mayor Taylor ................................................ ?. NAYS: None .................................................. BUDGET-PUBLIC WELFAREs The Director of Finance submitted a statement of expenditures for Public Melfare for the month ended December 31, 1976. (For full text, see statement as filed in the City Clerk's Office.) Mr. Thomas moved that the statement be received and filed. The motion was seconded by Mr. Hubard and unan/mously adopted. REPORTS OF CO/4HITTEES~ PUBLIC SOLICITATIONz AS requested by the Councllw a com~ittee compOsed of the City Manager, the Commissioner of Revenue and the Acting City Attorney submitted a written report advising that it is the feeling of the committee that there is ample legal provision presently in force to curtail undesirable door- to-door salesmen, advising that the problem, if in fact one exists, is in the area of enforcement for which there is no ready solution. (For full text, see report as filed in the city Clerk*s Office.) Mr. Hubard moved that the repOrt be received and filed. The motion was seconded by Mrs. Bowles and unanimously adopted. ANNEXATION-CONSOLIDATION~ As previously requested by the Council, a committee composed of the City Manager, the Acting City Attorney and the Director of Finance submitted a written report relative to a communication from Councilman William S. Hubard as to consideration of consolidation with the City of Salem. (For full text, see report as filed in the City Clerk's office.) In a discussion of the report, Mr. Hubard referred to his December 15, 1975 communication suggesting that the City Attorney prepare for the consideration of Council after January 1, 1976, an Ordinance stating the City's desire to consolidate with Salem, and appointing a five member committee to present this proposal to Salem and to work with them on a plan of consolidation. He added that Council referred the matter to the City Manager, the Director of Finance and the City Attorney for study and advice as to the economic and administrative feasibility of such a consolidation and to advise the Council as to whether or not it should proceed and, if so, how legally to proceed. He stated that the report before the Council does not address itself to the instructions of the Council on Monday, December 15, 1975, and moved that the report be referred back to the City Manager, the Acting City Attorney and the Director of Finance for appropriate response. The motion was seconded by Mr. Taubman and unanimously adopted. AUDIT COMHITTEE: Minutes of the Audit Committee meeting held on 3anuary 17, 1977, were before Council. (For full text, see minutes as filed in the City Clerk's Office.) Mr. Hubard moved that the minutes be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. AUDITS-AUDIT COMMITTEE: The Audit Committee submitted a written report reserving space on the agenda to make a recom~endatlon for engagement of independent auditors for the years ending June 30, 1977, 1978 and 1979. Hr. Hubard moved that Council discuss the matter in Executive Session when it discusses a legal matter and a personnel matter and that the Mayor be requested to recess the meeting in order that appropriate action may be taken after the Executive Session. The motion was seconded by Mr. Taubman and adopted by the following vote~ 237 238 Thomas and Mayor Taylor ................................................... 7. NAYS~ None .................................................... 0. TAXICABS-TAXES~ Ordinance No. 23452 providing for a reduction in the ly been before the Council for its first reading, read and adopted on its first for its second reading and final adoption: (%23452) AN ORDINANCE amending and reordaining Sec. 109. Taxicabs or Of Title VI. Taxation., of The Code of the City of Roanoke, 1956, as amended, by January 1, 1976. (For full text of Ordinance, see Ordinance Book No. by Hr. Garland and adopted by the following vote: execution of a deed of release, releasing the clty*s interest in certain sewer William Fleming Court, having previously been before the Council for its first the body, Hr. Hubard offering the following for its second reading and flnal adoption: (%23447) AN ORDINANCE authorizing execution of a deed of release, the City of Roanoke, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. proper measure providing regulations for the manner of transportation service (t23458) AN OP~INA~CE to amend and reordain Chapter 4. Ambulance Service°, of Title XIXo Transportation, of The Code of the City of Roanoke, 1956~ as amended, by providing for and regulating the manner of transportation service for handicapped persons within the City of P~anoke; and providing for an (For full text of Ordinance, see Ordinance Book No. {The preparation of this measure was the result of a request of Hr. ~obert A. Gray to operate an ambulet service In the City of P~anoke.} Hr. Clifton A. Woodrum, III, Attorney, appeared before Council and advised that he represents United Ambulance Service which holds a certificate of public convenience and necessity from the City of Roanoke to operate an ambulance service pursuant to Ordinance No. 21947. He gave a history of the Ordinance and pointed out that it originated as a result of a comprehensive study by the Roanoke Valley Regional Health Services Planning Council. He spoke in opposition to issuance of such a certificate to Hr. Robert A. Gray, stating reasons why the certificate should not be issued and noting other points which should be considerei (For full text, see statement as filed in the City Clerk's Office.} Mr. Harold Billings, Councilor, Virginia Bureau of Rehabilitation, spoke on behalf of Mr. Gray, advising that the service offered by Mr. Gray can and will be prearranged so that he can take vacation, sick leave, etc., that the public is not satisfied with the services offered by United Ambulance Service, and he recon~enuea that Council adopt the Ordinance and that competition be allowed to exist in the Roanoke Valley in order to provide a much needed service for the citizens. Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Bubard and Mayor Taylor ...................................................................... 5. NAYS: Council members Taubman and Thomas .........................2. Mr. Huhard moved that the statement from Mr. Woodrlu~ he received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. ACTS OF ACKNOWLEDGEMENT-CITY GOVEESM~NT: Council having directed the City Attorney to prepare the proper measure expressing appreciation to all persons and organizations who participated in the Wonju Day celebrations for 1976, he presented same; whereupon, Mr. Hubard offered the following Resolution: {t23459) A RESOLUTION expressing appreciation to all those involved in the Wonju Day celebrations for 1976. (For full text of Resolution, see Resolution Book No. Hr. Hubard~ved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote: Thomas and Mayor Taylor .................................................... 7. NAYS: None ......................................................0. 239 '24O TRAFFIC-LEGISLATION~ Council having directed the City Attorney ko prepare the proper measure urging the city's representatives in the 1977 Session of the General Assembly to vigorously oppose House Bill 1287 which would amend Section 46.1-172 of the Code of Virginia, 1950, aa a~ended, to eliminate the requirement that motorcycle operators and passengers wear protective helmets, he presented same; whereupon, Mr. Grove offered the following Reeolution~ (423460) A RESOLUTION urging the City's representatives in the Session of the General Assembly to vigorously oppose House Bill 1287 which would amend Section 46.1-172 of the Code of Virginia, 1950, as amended, to eliminate the requirement that motorcycle operators and passengers wear protective helmets. {For £ull text of Resolution, see Resolution Book NO. Mr. Grove moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................... NAYB= None ......................................................0. SEWERS AND STO~H DRAINS: Council having directed the City Attorney to prepare the proper measure accepting the proposal of Southwest Construction, Incorporated, for making certain repairs in three primary digesters at the Sewage Treatment Plant, for a lump sum of $34,720.00, he presented same; whereupon,l! Mr. Thomas offered the following emergency Ordinance= (423461) AN ORDINANCE accepting the proposal of Southwest Construc- tion, Inc., for making certain repairs in three primary digesters at the Cityts Sewage Treatment Plant; authorizing the proper city officials to execute the requisite contract; rejecting another bid; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES= Council members Bow/es, Garland, Grove, Hubard, Tsubman, Thomas and Mayor Taylor ................................................... 7. NAYS= None .....................................................0. pLANNING-GRANTS: Council at its Financial and Planning Session, having directed the City Attorney to prepare the proper measure directing the City Manager to establish a plan to insure citizen participation in the preparation of community development block grant applications, he presented same; whereupon, Mr. Hubard offered the following Resolution: (123462) A I~F~OLUTION directing the City Manager to establish a plan to insure citizen participatiom in the preparation of community development block grant applications. (For full text of Resolution, see Resolution Book No. Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYBS= Council members Bowles, Garland, Grove, Hubard, Ta~bman, Thomas and Mayor Taylor .................................................... ?. NAYS: None ..................................................... 0. SE~ERS AND S~)P~I DRAINS= Council, at lks Financial and Planning Session, having directed the City Attorney to prepare the proper measure authorizing payment of a certain au= to Blain Supply Company, Incorporated, as a result of certain work necessitated by the Trout ~un Interceptor Sewer Project being performed for the city, upon certain terms and conditions, he presented same; whereupon, Hr. Thomas offered the following emergency Ordinance= (~23463) AN ORDINANCE authorizing the payment of a certain sum to Blain Supply Co., Inc., as a result Of certain work necessitated by the Trout Run Interceptor Sewer Project being performed for the City, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas ~0oved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES~ Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Hayer Taylor .................................................... NAYS: None ...................................................... 0. EQUIPMF~NT= Council having directed the City Attorney to prepare the proper measure accepting the bid of Municipal Sales Company, Incorporated, for furnishing and delivering certain asphalt equipment for use by the city, for a sumner to exceed $19,850.00, he presented same; whereupon, Mr. Grove offered the following emergency Ordinance: (%23464) AN ORDINA/~CE providing for the purchase of certain asphalt equipment for use by the City, upon certain terms and conditions; accepting a certain bid made to the city for furnishing and delivering said equipment; rejecting another bid; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: Council members Bowies, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS: None .....................................................0. WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure accepting the proposals of E. C. Pace and Company and Flow Industries, Incorporated, for the construction of a new 20-i~chwater line, Contract A, on Monticello Boulevard and Mary Linda Avenue, N. E., for the sum of $150,610.00, and for furnishing an altitude valve to provide suction water to the Statesman Park Pumping Station, Contract B, for the sum of $2,280.00, upon certain terms and conditions, he presented same; whereupon, Mr. Grove offered the following emergency Ordinance: (~23465) AN ORDINANCE accepting bids and awarding contracts for the construction of a new 20-inch water line, Contract A, on Monticello Boulevard and Mary Linda Avenue, N. E., and for furnishing an altitude valve to provide suction water to the Statesman Park Pumping Station, Contract B, upon certain terms and conditions; rejecting certain other bids made therefor; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 24:[. 242 Hro Grove moved the adoption of the Ordinance, The motion was seconded by Mr. Hubard and adopted by the following votes AYES= Council members Bowles, Garland, Grove, Hubard, Taubman~ Thomas and Mayor Taylor .................................................. ?. NAYS= None ....................................................0. CELEBRATIONS= Representatives of Sing Out Roanoke Valley, Incorpora- ted, having ap~ared before Council and requested that Council adopt a certain Bicentennial Pledge, Hrs. Bowles offered the following Resolution= (i23466) A RESOLUTION adopting a Bicentennial Pledge for the City of Roanoke. (For full text of Resolution~ see Resolution Book No. Hrs. Bowles moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following votes AYES: Council members Bowles~ Garland~ Grove, Bubard, Taubman~ Thomas and Mayor Taylor ................................................... 7. NAYS~ None .....................................................0° pLANNING= Council having directed the City Attorney to prepare the proper measure extending to Aylett B. Coleman the appreciation of Council for the years of service devoted by him to the public as a member of the Roanoke City Planning Commission from February 14, 1966, to December 31, 1976, he presented same; whereupon, Mr. Thomas offered the followlng Resolution: (~23467) A RESOLUTION relating to MR. AYLETT B. COLEMAN, retiring member of the Roanoke City Planning Commission. {For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor .................................................. NAYS: None .................................................... 0. BUDGET-COMMONWEALTH'S ATTORNEY-PUBLIC WELFARE-COMMISSIONER OF REVENUE- GARBAGE REMOVAL-BUSES: Council at its Financial and Planning Session on Monday, January 17, 1977, having directed the City Attorney to prepare the proper measure appropriating certain funds to Title XX Services, Commonwealth's Attorney, Co~issioner of Revenue, Refuse Collection, and Bus Company Subsidy of the 1976- 77 budget, Mr. Grove offered the following emergency Ordinance= {%23468) AN ORDINANCE to amend and reordain certain sections of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... NAYS: None .....................................................0. BUDGET-GRANTS-CETAz Council at its Financial and Planning Session on Mondayw January l?, 1577~ having directed ~he City Attorney to prepare the proper measure appropriating certain funds in con~ection with an increase by the U. S. Department of Labor to CETA Grant NO. 51-7-204-21 and CETA Grant NO. 51-6- 204-60~ Hr. Grove offered the following emergency Ordinance: (~23469) AN O~DINANCE to amend and reordain the City of P~anoke's 1976-77 Grant Programs Account, and providing for an emergency. (For full text of Ordinance~ see Ordinance Sook No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Nubard and adopted by tho following vote= AYES: Council members Bowles, Garland, Grove, Nubard~ Taubman, Thomas and Mayor Taylor .................................................. NAYS= None .................................................... BUDGET-WATER DEPARTMENT: Mr. Thomas Offered the following emergency Ordinance appropriating $52,890.00 to 20-inch Water Line Rt. 460 %908, under Section %2401, 'Capital Outlay From ReYenue,' of the 1976-77 budget, to provide funds in connection with the construction of a new 20-inch water line on Monticello Roulevard and Hary Linda Avenue, N. (%23470) AN ORDINANCE to amend and reordain Section %2401, 'Capital Outlay from Revenue,' Of the 1976-77 Water Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. Mr. Thomas moved the adoption of the Ordinance. The ~otlon was seconded by Hr. Taubman and adopted by the followlng vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS: None .................................................... WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure in connection with a report of the City Manager relative to water service to the Pebble Creek Apartment complex, he presented same; whereupon, Mr. Hubard moved that the following Ordinance providing for more than one premise to be served by one water meter, under certain terms and conditions, be placed upon its first reading: (%23471) AN ORDINANCE amending and reordaining Rule 8. of Sec. 5. Rules and Regulations, of Chapter 1. Water Department, of Title XII. Water, of The Code of the City of Roanoke, 1956, as amended, by providing for more than one premise to be served by one water meter, under certain conditions. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Rubard, Taubman, Thomas and Mayor Taylor .................................................... 7. NAYS: None ..................................................... 0. 24'3 24;4 RADIO-TELEVISIONz MrS. Bowles advised that she has received numerous telephone calla from citizens complaining about the typos of programs being aired on cable television in the Roanoke area andw for that reasonw she requested the Acting city Attorney to prepare a measure advising the Federal Connnunlcations Con=~ission that certain objectionable programs have been or are being offered on cable television In the Roanoke Valley and requesting them to review the pro- grams now being offered to ascertain whether they violate the Commission's regulations or guidelines; whereupon, Mrs. Bowles offered the following Resolutionz (%23472} A ~ESOLUTION advising the Federal Communications Co~lssion of the United States Government that certain objectionable programs have been or are being offered on cable television in the Roanoke Valley and requesting the Federal Co~muntcations Commission to review the programs now being offered to ascertain whether they violate said Commission's regulations or guidelines. (For full text of Resolution, see Resolution Book No. Mr. Tillman S. Young appeared before Council and read a prepared statement advising that the action Council is taking to ban massage parlors and adult book stores from the city can be used as a measuring stick on our standards to provide that obscenity in any form is offensive, that he knows some of the franchisees of cable television as reputable and successful businessmen ;land he cannot help but believe that if the Council would ask them, they would voluntarily withdraw the Rome Box Office Channel. (For full text, see statement as filed in the City Clerk's Office.) A communication from The Reverend Marvin Gennings, Pastor, Virginia !iBeights Baptist Church, advising he is certain that the efforts Council has made against massage parlors and adult book stores will be even more effective in the icontrol of a company chosen and licensed by the City, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Mrs. Bowles moved the adoption of the Resolution. The motion was iiseconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Rubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS: None .................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: COUNCIL: Mr. Rubard moved that Council meet in Executive Session to discuss a real estate matter. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Ruhard, Taubman, Thomas and Mayor Taylor .................................................... NAYS: None ...................................................... COUNCIL-CITY EMPLOYEES: Mr. Garland had previously placed a matter on the requesting an Executiwe Session to discuss a personnel matter concerning a hiring freeze on city employees, however, before voting on the request, he asked for a clarification from the Acting City Attorney as to whether or not this would be a proper subject for discussion in Executive Session. genda The Acting City Attorney stated that if the personnel matter deals with specific positions and persons may be involved, then this could be an appropriate subject for discussion in Executive Session~ however, if the general subject of personnel policy is to be discussed, then this would not be an appropria subject for Executive Session. Based upon the advice of the Acting City Attorney, Mr. Garland and Mr. Thomas agreed that if the Council is going to discuss a hiring freeze, then that topic should be discussed in open session. The Mayor replied that ha does not see how the Council can talk about a hiring freeze without talking about individual persons, that he is willing to allow the matter to be discussed in open session but he will not participate in any discussion. Mr. Thomas moved that Mr. Garland's request for an Executive Session be deferred until after the Council meeting is recessed. The motion was seconded by Mr. Garland and unan]]nously adopted. Mr. Thomas then moved that Council meet in Executive Session pertaining to a legal matter which is germaine to Mr. Garland's request. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. NAYS: None ................................................... 0. HEALTH DEPARTMENT: The Mayor called to the attention of Council that the two year term of ~r. Grady P. Gregory, Jr., as a member of the Housing and Hygiene Board will expire on January 24, 1977, and called for nominations to fill the vacancy. Mr. Garland placed in nomination the name of Mr. Grady P. Gregory. There being no further nominations, Mr. Gregory was reelected as a member of the Housing and Hygiene Board for a term of two years ending January 24, 1979, by the following vote: FOR MR. GREGORY: Council me~nbers Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor .........................................7. INDUSTRIES: The City Clerk reported that Mr. Edward C. Sanders has qualified as a Director of the Industrlal Development Authority of the City of Roanoke for a term of four years ending October 20, 1977. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Grove and unanimously adopted. DIRECTOR OF FINANCE: The City Clerk reported that Mr. Joel M. Schlanger has qualified as Director of Finance for the City of Roanoke, Virginia, for a term commencing January l, 1977, and ending September 30, 1978. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Grove and unanimously adopted. pLANNING: The City Clerk reported that Messrs. William A. Sowers, Henry B. Boynton, John P. Bradshaw, Jr., and James E. Carpenter have qualified as members of the City Planning Commission for ter~ of four years each ending December 31, 1980. 245 246 Mr. Thomas ~oved that the report be received and filed. The motion was seconded by Mr. Grove and unanimously adopted. OTHER HEARINGS OF CITIZENS~ NONE. The Mayor declared the meeting recessed at 4z45 p.m. At 5~40 p.m.~ the Council reconvened with all me~bers present and Hayor Taylor presiding. AUDITS-AUDIT COHMfTTEE= Mr. Bubard~ Chairman of the Audit Committee, presented a report advising that on January 17~ 1977, the Com~ittee received five proposals for audits of the financial statements of the City of Roanoke for the years ending June 30, 1977, 1978, and 1979, and recommending that Council approve the engagement of Peat, Marwick, Mitchell & Company for these audits. (For full text, see report as filed in the Clt~ Clerk's Office.) Mr. Nubard then offered the following emergency Ordinance= (%23473) AN ORDINANCE authorizing employment of Peat, Marwiuk, Mitchell & Co., to perform annual audits of the City's finances for each of the fiscal years ending June 30, 1977~ June 30, 1978, and June 30, 1979, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Nubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ................................................... NAYS: None ..................................................... 0. BUDGET-CITY ATTOP~NEY= Mr. Taubman offered the following emergency Ordinance appropriating $5,000.00 to Other Services and Charges %200 under Sec- tion %0301, "City Attorney," of the 1976-77 budget, to provide funds for outside legal counsel= (%23474) AN ORDINANCE to amend and reordain section %0301, "City Attorney," of the 1976-77 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES x Council members Bowles, Garland, Grove, Nubard, Taubmao, Thomas and Mayor Taylor .................................................. 7. NAYS: None ................................................... 0. CITY EMPLOYEES: Relative to the matter of a hiring freeze on city employees, the city Manager read a statement advising that he concurs in and supports Council's desire to save money and he has been making concentrated efforts in that direction, reminding the Council that the Administration has selectively reduced 138 spaces in the current authorizations in an effort to reduce costs, that they continue to review each and every position vacancy as it occurs and to make every effort to sustain low manpower levels in non-critlcal areas, that continuation of these efforts will provide additional savings in personnel costs; however, a hiring freeze would restrict hiring in critical areas of operation and have a detrimental effect upon the operation of the city. He strongly recommended against such a hirfng freeze and suggested that the administration be allowed to continue selectively reducing costs through judicial hiring procedures. (For full text~ see statement as filed in the City Clerkts Office.) There being no further buslness~ the Mayor declared the meeting adjourned. ATTESTs City Clerk APPROVED Mayor 247 248 COUNCIL, SPECIAL MEETING, Wednesday, January 26, 1977. The Council of the City of ~oanoke met in special meeting in the Executive Session Room of the City Council Chamber, City of Roanoke, on Wednesday, January 26, 1977, at 4=00 p.m., for the purpose of considering a matter of litigation. PRESENT= Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Taubman, Hampton W. Tho~as and Mayor Noel C. Taylor ....................................................... 7. ABSENT: None ....................................................0. OFFICERS pRESENT= Mr. Byroa E. Haner, City Hanager; Hr. Sam H. McGhee, ~, Assistant City Manager; Hr. Joel M. Schlanger, Director of Finance; Mr. James E. Buchholtz, Acting City Attorney; and Mrs. Mary F. Parker, City Clerk. Mr. Taubman moved that Council meet in Executive Session to discuss a matter of potential lltigation. The motion was seconded by Hr. Eubard and adopted by the followlng vote= Hayor Taylor ................................................................ 6. NAYS= None .......................................................0. (Mr. Thomas was out of the room) There being no further business, the Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED COUNCIL~ REGULAR HEETING, Honday~ February ?, 1977. The Council of the City of P~anoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke~ on Monday~ February 7, 1977, at 2 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding. PRESENT= Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Tauhman, Hampton W. Thomas and Mayor Noel C. Taylor ..................................... ?. ABSENT= None ..................................0. OFFICERS PRESENT= Mr. Byron E. Haner, City Manager; Hr. Sam H. McGhee, 1II, Assistant Clty Manager; Hr. Wllburn C. Dibling, Jr., Acting City Attorney; Mr. James E. Buchholtz, Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and }irs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend Theodore E. Landis, Retired Methodist Minister. MINUTES= Copies Of the minutes of the regular meeting held on Monday, January 24, 1977, and the special meeting held on Wednesday, January 26, 1977, having been furnished each me~ber of Council, on motlon of Hr. Thomas, seconded by Hr. Hubard and unanimously adopted, the reading thereof was dispensed with aha the minutes were approved as recorued. PROCLAMATIONS= The Mayor advised that he has proclaimed the week of February 6 - 12, 1977 as National Catholic School Week and invited the people of the Roanoke Valley to participate in the observance to learn more about the Roanoke Catholic Schools. The Mayor also advised that he has proclaimed the week of February 6 - 12, 1977, as Children's Dental Health Week in the City of Roanoke and urged all citizens and all community organizations to join in the observance. {For full text, see Proclamations as filed in the City Clerk's Office.) The Mayor welcomed a group of Distributive Education students from WilliamFleming High School who had been visiting with various city offices during the morning hours. HEARING OF CITIZENS UPON PUBLIC MATTERS= BUDGET-HUMAN RESOURCES COMMITTEE-REVENUE SHARING: Mrs. Gladys Abbe and the Reverend Richard H. Lindsey, Jr., appeared before Council on behalf of the Roanoke Area Ministries and requested additional funds in the amount of $6,000.00 to meet emergency needs through the end of this fiscal year, advising that the City of Roanoke, through Revenue Sharing Funds, contributed $19,800.00 for fiscal year 1976-77 which has already been distributed to needy persons in the Roanoke area. {For full text, see co~u~unication as filed in the City Clerk's Office.) Mr. Thomas moved that the request be referred to the Human Resources Co~%mittee for study, report and reco~nendatlon to Council. The motion was seconded by Mrs. Bowles and unanimously adopted. 249 25O pETITIONS AND COMMUNICATZONS~ BUDG~T-SCHOOLSCoE.T.A.s A communication from the Roanoke City School Board requesting an appropriation of $93,906.85 to Comprehensive Employment and Training Act, Title IX, of the 1975-77 budget, advising that this appropriation will increase the School Board operating budget by the amount expended and reimbursed for the C.E.T.A. Program through December 31, 1976, was before Council. (For full text, see communication aa filed in the City Clerk's Office.} Mr. Taubman offered the following emergency Ordinance appropriating the requested fundst (~23475) AN ORDINANCE to amend and r~ordain 'Schools - Comprehensive Employment Training Act, Title II,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text o~ Ordinance, see Ordinance Rook No. Mr. Taubman moved the adoption of the ordinance. The motion was seconded by Mr. Thomas and adopted by the following votes AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas end ~tayor Taylor ..................................................... NAYS= None ....................................................... BUDGET-BUHA/~ RESOURCES CO~4ITTEE-P~VENUE SHARING= A communication from}ir. Ralph L. Fuller, President, Valley Youth Hockey Association, requesting a donation of $1,500.00 from the City in order for the Association to complete this hockey season, was before Council. (For full text, see communication as filed in the City Clerk's Office.) ~ir. Garland moved that the request be referred to the Human Resources Committee for study, report and reco~endatien to Council. The motion was seconded by Mr. Grove and unanimously adopted. BUDGET-HEALTH DHPARTPIENT: A com~unicatlon from Mental Health Services of Roanoke Valley advising that the Board Of Director's budget request for fiscal year 1977-78 is $179,495.00, was before Council. (For full text, see communication as filed in the City Clerk's Office.} Mr. Thomas moved that the request be referred to the Council acting as a Committee of the Whole for consideration during its 1977-78 Budget Study Sessions. The motion was seconded by Hr. Taubman and unanimously adopted. HOUSING-SLUM CLEARANCE: A communication from the City of Roanoke Redevelopment and Housing Authority transmitting a check in the a~x)unt of $61,880.60 representing payment in lieu of taxes for certain housing projects for the year ended September 30, 1976, was before Council. (For full text, see commtulieation as filed in the City Clerkts Office.} Mr. Tsubman~oved that the eo~unication be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. ROUSING-SLUM CLEARANCE= A communication from the City Of ~oanoke Redevelopment and Housing Authority advising of certain increases in annual maximum income limits established for low-rent housing projects managed by the Authority, to be effective March 1, 1977, was before Council. (For full text, see eo~unicstion as filed in the City Clerkts Office.} Hr. Thomas moved that the co~nunication be received and filed. ?he motion was seconded by Hr. Grove and unanimously adopted. RADIO-TELEVISION: A co~munication from P~anoke Valley Cablevision, Incorporated, advising of permission granted by the Federal Communications Commission to delete Channel 20 NDCA Washington, Do Co, and to add Channel 17, WTCG Atlanta, Georgia, was before Council. {For full text, see communication as filed in the City Clerk*s office.) Hr. Garland moved that the communication be received and filed. The motion was seconded by Hr. Grove and unanimausly adopted. ELECTIONS: A communication from Hr. Andrew H. Thompson, Secretary, Electoral Board, advising that his communication of January 20, 1977, regarding amending the City code relating to Wllliamson Road Precinct No. 3 was in error, as the City Code was so amended on February 17, 1976, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Mr. Hubard moved that the communication be received and filed. The motion was seconded by }ir. Taubman and unanimously adopted. SOUTHWEST VIRGINIA CO~2/UNITY DEVELOPMENT FUND= A communication from Mr. George E. Franklin, Executive Director, Opportunities Industrialization Center, advising that his position in reference to the Southwest Virginia Community Development Fund, is that Council, as a single group, should take steps to cause the cash flow to SVCDF to continue without i~terrup~ion, was oetoru the body. (For full text, see co~unicatlon as filed in the City Clerk's Office.) Mr. Thomas moved that the communication be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. {For further action in reference to the matter, see page 263.) PARKING GARAGE: A communication from Mrs. Fred Clark Ellis advising that the parking garage should be appraised and offered for sale, that if the building could be sold and the money placed in a savings account to pay off the bonds, this would result in a savings to the taxpayers, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Mr. Thomas moved that the communication be referred to Council acting as a Com~aittee of the Whole for consideration during its 1977-78 Budget Study Sessions. The motion was seconded by Mr. Rubard and unanimously adopted. DOGS: A communication from Mr. Richard E. Byrd requesting that the current dog Ordinance be carefully studied in order to formulate more strict control of dogs running loose and disturbing the peace, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Mr. Rubard moved that the communication be referred to the Assistant City Manager for study and report to Council. The motion was seconded by Mr. Garland and unanimously adopted. AMBULANCES: An application from Mr. Robert A. Gray, Gray's Ambulet Service, requesting a Certificate of Public Convenience and Necessity, was be- fore Council. (For full text, see application as filed in the City Clerk's Office.) Mr. Hubard moved that the application be referred to the City Manager for consideration and recommendation to Council. The ~otion was seconded by Mr. Garland and unanimously adopted. 251 252 Hr. Hubard further moved that Council hold a'publlc hearing on the application at ?z30 p.m.w Hondayw Hatch 14, 1977. The motion was seconded by Hr. Garland and unanimously adopted. CITIZENS~ TASK FORCE FOR CRIHE PREVENTION AND SOCIAL DEVELOPHENT- COHHITrEES~ A co~unlcation from Mr. Joseph T. coleman, Jr.w Co-Chalrmanw Citizens~ Task Force for Crime Prevention and Social Developmentw advising of the resignation of Mrs. Christine L. trump as a member thereof, and recom- mending Hrs. W. Eddie Smith to fill the vacancy~ was before Council. {For full text, see eo~unication as filed in the City Clnrk*s Office.) Hr. Thomas moved that the communication be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. STREETS AND ALLEYS= An application from Mr. Richard E. Viar, Attorney, representing First Baptist Church, requesting that all that certain alley extending in a southerly direction from Luck Avenue, S. W., along the eastern boundaries of Lots I - 5, lncluslve, Word Map, and thence in a westerly direction along the southern boundary of Lot 5, Word Hap, to 3% Street, S. W., be vacated, discontinued and closed, was before Council. (For full text, see application as filed in the City Clerk's Office.) Mr. Garland offered the following Resolution appointing viewers= (%23476) A RESOLUTION providing for the appointment of five free- holders, any three of whom may act, as viewers in connection with the applica- tion of First Baptist Church, by its Trustees, to permanently vacate, discon- tinue and close an alley more specifically described below; and referring the proposal to the City Planning Co~ission for study and recommendation. (For full text Of Resolution, see Resolution Book No. Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the followlng vote: AYES: Council members Bowles~ Garland, Grove, Hubard, Taubman and Mayor Taylor ...............................................................6. NAYS: None ...................................................... 0. (Hr. Thomas not voting) Mr. Garland moved that the application be referred to the City Plauning Commission for study, report and recommendation to Council. The motion was seconded by Mr. Hubard and adopted, Mr. Thomas not voting. REPORTS OF OFFICERS: BUDGET-JiYgENILE DETENTION HOME: The City Manager submitted a written report recommending the transfer of certain funds in the Juvenile Detention Home budget to provide sufficient funds in the Extra Help account for the remainder of the fiscal year. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas offered the following emergency Ordinance transferring $1,500.00 from Salaries and Wages and $2,500.00 from Materials and Supplies to Extra Help under Section %1527, "Juvenile Detention Home," of the 1976-77 budget: (%23477} AN OPJ)INANCE to amend and reordain Section %1527, "Juvenile Detention Home," Of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. ~r. Thomas moved the adoption of the Ordinance. The motion was seconded by~r. Garland and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................... NAYS= None ......................................................0. BUDGET-PLARNING-GPJ~NTS= The City Manager submitted a written re~ort requesting that $18,743.00 be transferred from the New Southwest Park account to certain Community Development Block Grant pro~ect accounts to provide funds for completion of scheduled second program year activities. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard offered the following emergency Ordinance transferring the funds as requested= {%23478) AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Progra~Account, and providing for an emergency. (For full text of Ordinance, see ordinance Book NO. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Tho~s and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ...................................................... ?. NAYS= None ........................................................0. ~UDGh~r-GARBAGE ~Y~4OVAL= The City Manager submitted a written report transmitting for Council's information the 1977-78 budget for the Roanoke Valley Regional Solid Waste Management Board and recommending that the report be received and filed. (For full text, see report as filed in the City Clerk's Office.) Mr. Grove moved that the report be received and filed. The motion was seconded by Mr. Garland and unanimously adopted. BUDGET-PAP~KS AND PLAYGROUNDS= The City Manager submitted a written report requesting an appropriation of $2,930.00 to the Parks and Recreation Department budget, representing collections in entry and trophy fees for the 1976-77 city basketball program, in order to permit disbursements in that total amount. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland offered the following emergency Ordinance approprlatlng $2,930.00 to Other Services and Charges under Section %1475, 'Parks and Recrea- tion," of the 1976-77 budget= (%23479) AN ORDINANCE to amend and reordaln Section %1475, "Parks and Recreation," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the followlng vote: AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ...................................................... 7. NAYS: None ........................................................0. 253.' BUDGET-GRANTS-TOTALACTION AGAINST POVERTY IN ROANOKE VALLEYs The City Manager submitted a written report reeomending authorization to execute appropriate forms for acceptance of an approved grant to continue funding T.A.P. Coordinated Youth Services, in the total amount of $56,169.00, and that funds be appropriated therefor. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland offered the following emergency Ordinance appropriating $56,169.00 to Fees for Professional Services under T.A.P. Coordinated Youth Services of the 1976-?? Grant Program Account~ (%23480) AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Prograz~Account, and providing for an emergency. {For full text of Ordinance, see Ordinance Book NO. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Councll members Bowles, Garland, Grovet Hubard, Taubman, Thomas and Mayor Taylor ............................................................7. MAYS: None ....................................................... 0. Mrs. Bowles offered the followlng Resolution authorizing the acceptance, execution and filing of the grant: (t23481) A RESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Li¥1sion of Justice and Crime Prevention for an action grant of Federal funds for continuing a 'Coordinated Youth Service" Program in the City. {For full text of Resolution, see Resolution Book No. Mrs. Bowles moved the adoption of the Resolution. The motion was seconded by Mr. Thomas and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ....................................................7. NAYS: None ...................................................... 0. CITY EMPLOYEES: The City Manager submitted a written report in connection with appropriation of sufficient funds to provide training ~terials and equipment for equal employment opportunities training for city employees, proposing to reduce the program to $7,000.00 by reducing the number of training kits, and to assign the responsibility for transferring funds within the four directorates to absorb this cost, with $1,000.00 to be provided by the Directo- rate of Human Services, and the Directorates of Administration and Safety, Public Works, and Utilities and Operations each to provide $2,000.00 toward the funding of this program. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the re~ort and that the City Manager be complimented on the manner in which he handled the matter. The motion was seconded by Mrs. Bowles and unanimously adopted. BUDGET-PUBLIC WORKS: The City Manager submitted a written report recommending appropriation of an additional $23,750.00 to the Snow Removal account to provide funds for the purchase of at least 1,000 additional tons of rock salt. (For full text, see report as filed in the City Clerk's Office.} ~r. ?homae offered the following emergency Ordinance appropriating $21,750.00 to Hateriala and supplies under Section !1t75, 'Snow Removal,= of the 1976-77 budgett (i13481) AN ORDINANCE to amend and reordain Section !1575, =Snow Removal,= of the 1976-77 Appropriation ordinance, and providing for an emergency. /For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following vote~ AYES= Council membere Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ...................................................... 7. NAYS: None ....................................................... 0. pLANNING-GRANTS: The Clty Manager submitted a written report transmitting copy of the Community Development Block Grant Program - Citizen Participation Plan, which outlines the mechanism for providing C.D.B.G. program information to the public and for receiving citizen comments and proposals, requesting that the plan be adopted by Council Resolution as a statement of city policy and that it be available for public inspection and copying at the City Clerk's Office subsequent to Council action. (For full text, see report as filed in the City Clerk*s Office.) Mr. Hubard offered the following Resolution approving the plan= (i23463) A RESOL~TION a~proving a plan established by the City Hanager to insure citizen participation in the Co~anunity Development Block Grant Program. (For full text of Resolution, see Resolution Hook No. Mr. Hubard moved the adoption of the Resolution. The motion was seconded by}tr. Grove and adopted by the followlng vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ...................................................... 7. NAYS: None ....................................................... 0. HOUSE NUMBERS: The City Manager submitted a written report in coanection with the request of Hr. Richard Hart to enter into the business of painting house numbers on curbs in front of private homes, recommending that Council concur in the accompllshment of this work under certain conditions and that the work be accomplished in a manner to be approved by the City Hanager and at no expense to the city. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the recommendation and that the report be referred to the City Attorney for preparation of the proper measure. The motioe was Seconded by Mr. Grove and unanimously adopted. STREETS AND ALLEYS: The City Manager submitted a written report transmitting the proposed llst of city streets recommended to be paved this spring, advising that it is anticipated that bids will be received around the end of February. (For full text, see report as filed in the City Clerk's office.) 255:. ;25,.6 ~r. Hubard moved that the report be received and filed. The motion was seconded by H~. Tsubman and unanimously adopted. CITY EHpLOYEESI The City ~anager submitted a written report in connection with the applicability of personnel policies and the adoption of a new policy applicability statement, recommending (1) that all employees of an office who are members of the City of Roanoke's ~mployees' Retirement System shall be subject to all of the City Council policies set out ln~ Chapter 3, Section 12 -Vacations, Sick Leave, Special Leave, Military Leavet Chapter 13,1 - Personnel Management Relations; and Chapter 13.2 - Personnel and Employment Practices Conunission, all chapters being in Title 2 - Administration of The Cede of the City of Roanoke, and, (2) that all employees of an office who are 'clsssifl~ shall be subject to ail of the city Council policies set OUt in~ Chapter 3, Section 12 -Vacations, Sick Leave, Special Leave, Military Leave; Chapter ll.1 - Personnel Management Relations; and, Chapter 13.2 - Personnel and Employment Practices Co=unission, all chapters being in Title 2 - Administration of The Code of the City Of Roanoke. (For full text, see report as filed in the City Clerk's Office.) After a discussion of the matter, P~r. Taubman moved that the report be referred to the City Manager and the City Attorney for the purpose of meeting with those individuals listed on the last page of the City Manager's report, viz= the City Attorney, the Director of Finance, the ~unici~al Auditv~, tile Judge of the Juvenile and Domestic Relations District Court, the Judge of the General District Court, the Judge of the Circuit Court, the Clerk of the Circuit Court, the City Treasurer, the Commissioner of Revenue, the Sheriff, and the Commonwealth's Attorney for the purpose of reviewing the report and further that the City Manager submit a report to Council relative to the results of the meeting, said report to include information as to those departments that do not desire to participate in the new policy applicability statement. The motion was seconded by~r. Huhard and unanimously adopted. AIRPORT= The City Manager submitted a written report advising of receipt Of two letters of advice from the State Corporation Co~nisslon committing them to their share in several airport projects, that the first letter commits them to pay the state's 5% share or $36,000.00, in the cost of six projects which cost, in total, $720,000.00, that the FAA has co~nitted their 90% share, or $648,000.00, with the city's share at 5% or $36,000.00; that the second letter commits them to pay the state's 5% share, or $7,500.00, in the cost of two projects which cost, in total, $1S0,000.00, that application has been made to the FAA for their 90% share or $135,000.00 with the city's 5% share for these projects at $?,500.00. Re also transmitted copy of a third letter con~itting the state to their share of the cost of three units of specialized snow removal equipment ($10,416.50), advising that since the FAA excluded this project from their commitment and the city does not feel that it can fund 95% of the project, it is recommended that this commitment of state funds be refused with thanks. (For full text, see report as filed in the City Clerk's Office.) Hr. Taubman moved that the report be received and filed and concurred in by Council. The motion was seconded by Hr. Grove and unanimously adopted. Hr. Nubard moved that the report be referred to the City Attorney for preparatio~ Of the proper measure. The motion was seconded by Mr. Taub~an and unanimously adopted. }ir. Bubard suggested that the measure contal~ language to tho effect that the acceptance of the grants is subject to FAA funding. STREETS AND ALLEYS-P. EGIONAL JAIh~ The City ~anager submitted a written report recFaesting that a segment of an existing alley in the jail-courthouse complex site be vacated, discontinued and closed. (For full text, see report as filed in the City Clerk's Office.) Mr. Huhard ~oved that the report bo referred to the City Attorney and tho City Planning Commission to initiate the alley closure. The motion was seconded by Mr. Garland and unanimously adopted. COUNCIL: The City Manager submitted a written report requestinq an (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that Council concur in the request. The motioo was seconded by Mr. Rubard and adopted by the following vote: and Mayor Taylor ...................................... 7. NAYS: None .................................0. CITY ~IPLOYEES= Mr. James E. Buchholtz, Assistant City Attorney, submitted a written report advising that on December 13, 1976, Council adopted Ordinance No. 23409 which amended Title II, Chapter 13 by repealing Chapter 13 and adding two new Chapters 13.1 and 13.2, that in Sec. 17, Private automobile allowance of Chapter 13.1, provision is made that the Council establish a rate of reimbursement per mile to be paid by the city to employees using their privatelyl! owned vehicles on city business, that by establishing the rate of reimbursement by Resolution, it will eliminate the necessity Of amending the City Code each time the rate is changed and transmitting a Resolution setting the rate of (For full text, see report as filed in the City Clerk's Office. Mr. Thomas offered the following Resolution: (%23484) A RESOLUTION establishing, until further order of the Council, the rate of reimbursement per mile to be paid to employees of the City for the use of privately owlled personal motor vehicles on city business. {For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the followlng vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .....................................................7. NAYS= None ....................................................... STREETS AND ALLEys= As previously requested by Council, Mr. Charles Allen, Assistant City Attorney, submitted a written report in connection with conveyance of a certain portion Of an alley closed pursuant to Ordinance No. 23400 to Wometco Coca-Cola Bottling Company of ~oanoke, Incorporated, recommending a nominal consideration of $10.00 therefor. 257' ,.258 (For full text, see.xeport as filed in the City Clerk'a Office.) Mr. Hubard moved that the following Ordinance be placed upon ira firat reading: ([21485) AN ORDINANCE authorizing and providing for the Cltyes conveyance to Wometco Coca-Cola Bottling Company of Roanoke, Inc., of a portion of a former alley, which was heretofore vacated and closed by ordinance No. upon certain terms and conditions. Them orion was seconded byMr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..................................................... NAYS: None ...................................................... 0. COUNCIL: The Acting City Attorney requested an Executive Session to discuss pending litigation matters. {For full text, see report as filed in the City Clerk's office.) Mr. Taubman moved that Council meet in Executive Session to discuss matters of pending litigation. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Rubard, Taubman, Thomas and Mayor Taylor ..................................................... 7. NAYS: None ...................................................... 0. TRAFFIC-STATE HIGHWAYS: The City Planning Commission submitted a written report transmitting copy of a revision to the Thoroughfare Plan Element of the Comprehensive Development Plan, in order that Council may be in a more knowledgeable position to act in conjunction with updating of the regional 1995 Major Arterial Plan now being updated by the Fifth Planning District Commission in cooperation with the Virginia Department of Bighways and Transportation. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that the report be received and filed. The motlcn was seconded by Mr. Hubard and unanimously adopted. In this connection, the City Manager submitted a written report recommend- ing that Council hold a public hearing on the Thoroughfare plan Element - 1995 Comprehensive Development Plan and then adopt the plan with such modifications deemed necessary, advising that afterwards it would be necessary to adopt Resolutions dealing specifically with the highway projects Council desires the Bighway Department to continue with or proceed on. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas moved that the report be received and filed and concurred in by Council and that a public hearing he held on the matter at 7:30 p.m., Monday, March 14, 1977. The motion was seconded by Mr. Hubard and unanimously adopted. BUDGET-CITY CLERK: A communication from the City Clerk requesting that $6,000.00 be appropriated to Advertising under Section %0102, "Clerk," of the 1976-?? budget, to provide funds for publication of Ordinances and Notices of Public Bearings required to be published by the City Code and City Charter and requesting guidance from the Council relative to future publication of title paragraphs to Ordinances which appear to her to be of little interest to the public in general. (For full text, see communication as filed in the City Clerk*s Office.) Mrs. Bowles offered the following emergency Ordinance appropriating the requested funds: (~23486) AN ORDINANCE to amend and reordain Section 10102, 'Clerk,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles m~ved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... NAYS: None .....................................................0. Mr. Taubman moved that the Acting City Attorney bo requested to confer with the City Clerk relative to title paragraphs of Ordinances that are being published and advise the Council as to whether or not certain of those publications may be discontinued. The motion was seconded by Mr. Hubard and unanimously adopted. REPORTS OF COMMITTEES: CITY GOVEP~N~iENT: The annual report of the Sister Cities International Board for the year 1976, was before Council. (For full text, see report as filed in the City Clerk*s Office.) Hr. Thomas moved that the report bo received and filed. The motion PENSIONS: A report Of the Board of Trustees, Employees* Retirement System, in connection with conforming benefits of the Employees* Retirement System of the city to those of the Virginia Supplemental Retirement System, advising that as a result of information received from VSRS, any activity toward conformation has been suspended pending the outcome of certain proposed legislation~ (For full text, see report as filed in the City Clerk*s Office.) Mr. Hubard moved that the report be received and filed. The motion was seconded by }ir. Grove and unanimously adopted. WATER DEPARTHENT: Mr. Thomas, chairman of the Water Resources Conunittee, submitted a written report on behalf of the Con~ittee, recommending that Council, by Ordinance, authorize the City Hanager to purchase the Dansbury Acres Water System for the sum of $2,500.00, under certain terms and conditions. (For full text, see report as filed in the City Clerk*s Office.) Mr. Thomas offered the following emergency Ordinance: (%23487} AN ORDINANCE authorizing the Clty*s purchase from Elcis Graves Construction Corporation, assets of the Dansbury Acres water system, located in the northwestern section of the City, upon certain terms and condi- tions hereinafter provided; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas ~x)ved the adoption of the Ordinance. The motion was seconded byMr. Taubman and adopted by the followlng vote: 259 260 Thomas and Mayor Taylor .................................................... ?. NAYSz None ......................................................0. WATER DEPARTHENT~ Mr. Thomas~ Chairman of the Water Resources Co~mittee, submitt~d a written re~ort on behalf of the Committee, recommending a public water system w~thin the c~ty or extending any such existing water systems If ~t is legally possfble to do So. (For full text, see report as filed ~n the City Clerk's (%23488) AN ORDINANCE amending Sec. 5. Rules and Regulations, of Chapter I. Water Department., of Title XII. Water, Of The Code of the City Of 23., relatlng to the City's exclusive right to provide for extension and developme! (For full text Of Ordinance, see Ordinance Book No. by Mr. Taubman and adopted by the following vote: Board for an apgroprlatlon of $378,000.00 for the purchase of thirty 66-passen- explore their budget to ascertain if the $3?8,000.00 can be found within the body. Since no report had been su~nitted by the school administration, ~tems referred but still pending from August 18, 1975, through January 24, 1977. (For full text, see l~st as filed in the City Clerk's Office.) certain conditions, having previously been before the Council for its first reading, read and adopted on its f~rst reading and laid over, was again before the body, Mr. Hubard offering the followSng for its second reading and final adoptions ti (~23471) Al( ORDINANCE a~ending and reordaining Rule 8. of Sec. 5, Rules and Regulations, of Chapter l. Water Department, of Title XlI. Water. of The Code Of the City of Roanoke, 1956, as amended, by providing for more than one premises to be served by one water meter, under certain conditions. IFor full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded byMr. Thomas and adopted by the following vote= AYES~ Council me~nbers Bowles, Garland, Grove, Hubard, Tau~n, Thomas and Mayor Taylor ................................................... NAYSz None .....................................................0. DIP~TOR OF FI~U~NCE: Mr. Garland offered the following Resolution recognizing the services of John H. Mitchell rendered as Acting Director of Finance for the City of Roanoke= (%23489) A RESOLUTION recognizing the services of JOHN H. MITCHELL rendered as Acting Director of Finance for the City of Roanoke. (For full text of Resolution, See Resolution Book No. Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote= AYe= Council me~bers Bowles, Garland, Grove, Hubard, Taub~an, Thomas and Mayor Taylor ..................................................... NAYS: None ....................................................... 0. CITY ATTORNEY= ~trs. Bowles offered the following Resolution recogniz- ing the ~ervlces of J~nes E. Buchholtz, Esquire, rendered as Acting c~.ty ~ttorney for the City Of Roanoke: (%23490) A RESOLU~flON recognizing the services of J~2iES E. BUCBBOLTZ, ESQ~JIRE, rendered as Acting City Attorney for the City of Roanoke. (For full text Of Resolution, see Resolution Book No. Mrs. Bowles moved the adoption of the Resolution. The motion was seconded by }ir. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..................................................... 7. NAYS: None .......................................................0. MOTIONS AND MISCELLANEOUS BUSINESS: CITIZENS' ENVIRONMENTAL COUNCIL: Mr. Grove presented a cor~munication endorsing and recommending that Council support a citizens committee to initiate and implement the Clean Community System for the city as explained in attached brochures, and that the matter be referred to the City Manager for study, report and recommendation to the Council by February 28, 1927. (For full text, see co~unication as filed in the City Clerk's Office.) Mrs. Helen Barranger appeared before Council and spoke in support of the recommendation. Mr. Grove moved that the matter be referred to the City Manager for study, report and recommendation to Council at its meeting on Monday, February 28, 1977. The motion was seconded by Mrs. Bowles and unanimously adopted. 261 262 EOUSING-SLUH CLEARANCE: The Mayor called to the attention of Council that there ia a vacancy on the City of Roanoke Redevelopment and Housing Authority duo to the resignation of Hr. Charles R. Merkel for a term ending August 1979, and called for nominations to fill the vacancy. Hr. Grove placed in nomination the name of Hr. Marvin E. Jacobs. There being no further nominations, Hr. Jacobs was elected as a member of the City of P~anoke Redevelopment and Housing Authority to fill the unexpired term of Hr. Charles R. Merkel, resigned, ending August 31~ 1979, by the following vote~ FORM R. JACOBS~ Council members Bowlesw Garlandw Grove~ Hubard~ Taubman, Thomas and Mayor Taylor .......................................... PERSONNEL~ Council having previously deferred action on the election Of a Personnel and Employment Practices Commission pursuant to Ordinance No. 23409 adopted by the Council on December 13, 1976, tho matter was before the body; whereupon, Hr. Hubard placed in nomination the following names: Hr. Bruce A. Beam, Hr. William E. Burroughs and Mr. Frederick L. Bulbin for terms ending June 30, 1977; Mrs. Bernice D. Cheatham, Mr. Acree Hayes and Mr. Jlmmte B. Layman for torms ending June 30, 1978; Mr. Allen T. Nelms, Jr., Ms. Jayne Thomas and Mr. Walter L. Wheaton for terms ending Juno 30, 1979. There being no further nominations, Mrs. Cheatham and Ms. Thomas and Messrs. Beam, Burroughs, Bulbin, Hayes, Layman, Nelms, and Wheaton were elected as members of the Personnel and Employment Practices Co=~ission for terms as set out above by the following vote: FOR MRS. CHF~THAM, MS. THOMAS AND MESSRS. BEAM, BURROUGHS, BULBIN, HAYES, LAYMAN, NELMS, AND WHEATON: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ...................................7. The City Manager advised that a grievance is due to be heard by the Personnel Board on Tuesday, February 8th and, if it meets with the approval of Council, it is requested that the former Personnel Board be authorized to hear the grievance which is presently in process. Mr. Taubman moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Thomas and unanimously adopted. HEALTH DEPARTMENT: The Mayor called to the attention of Council that the two year term of Mr. Eugene Traylor as a member of the Board of Housing and Hygiene expired on January 31, 1977, and called for nominations to fill the vacancy. Mr. Thomas placed in nomination the name of Mr. Eugene Traylor. There being no further nominations, Mr. Traylor was reelected as a member Of the Board of Housing and Hygiene for a term of two years ending January 31, 1979, by the following vote: FOR MR. TRAYLOR: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .......................................... 7. REAL ESTATE ASSESSOR: The City Clerk reported that Mr. Howard C. Turpin has qualified as Real Estate Assessor for the City of Roanoke. Hr. Thomas moved that the report be received and filed. The ~otion was seconded by Mr. Hubard and unanimously adopted. OTHER HEARINGS OF CITIZENi~ SOUTHWEST VIRGINIA COMMUNITY DEVELOPHENT FUND~ The Reverend Carl T. Tinsley, a member of the Board of Southwest Virginia Community Development Fund, appeared before Council and presented a petition signed by approximately 340 persons recognizing that the Southwest Virginia Community Development Fund has played an important role in the development of the conmunities of Craig County, ~otstourt County and northwest Roanoke and that Ioss of SVCDF would cause irreparable damage to the economic development of these co,unities and pledging their support to the SVCDF and urging that Council and other political leaders support the curren~ refunding effort of SVCDF. (For full text, see petitionas filed in the City Clerk's Office.) Hr. Thomas stated that this is a complex matter and inasmuch as it pertains to the entire Fifth Planning District, it would seem well to receive and file the petition and at a later date, thc Councll acting as a Committee of the Whole should receive a report from its representatives to the Executive Committee Of the Fifth Planning District Commission and then the Council could express its intention in respect to its position as to refunding for SVCDF. Be added that the onIy question Council will want to address itself to is if it wants to support refunding as soon as possible in order that the program does not extinguish itself, and as to the pros and cons in respect to the investigation of the operations of SVCDF, he does not think the Council can or should take a position. Mr. D. J. Higginbotham, President, Corrugated Container Corporation, appeared before Council and advised that he owns a business which employs approximately forty people. Ne objected because his business is in competition with another business (American Packaging Corporation} that is being financed by federal money. Hr. 3. R. Murphy appeared before Council and advised that he has been involved in this matter for approxlmately one and one-half years, and he feels responsible for uncovering some of the things about the operation of SVCDF. He noted that Judge James Turk recently stated that the organization illegally used federal money. He further noted that his purpose in coming to the Council meeting was not to get into thc details of the ~ituation, but to advise Council that the matter is being investigated by a number of federal authorities. Hr. Thomas moved that the petition be received and filed and that the Mayor be requested to call a meeting of Council acting as a Committee of the WhoIe to receive a briefing from its representatives to thc Executive Committee of the Fifth Planning District Commission relative to the matter of refunding for Southwest Virginia Community Development Fund. The motion was seconded by Mr. Taubman and unanimously adopted. 263 264 In clarification of the motion, Mr. Thomas stated that it is intended that Reverend Tlnsley, Mr. Hlgglnbotham and Mr. Murphy will be advised of the meeting in the event they desire to attend. There being no further business, the Mayor declared the meeting adjourned. APPROVED ATTEST ~ City Clerk COUNCZL, REGULAR ~ETING, Monday~ February 14~ 1977. The Council of the City of Roanoke mat in regular maeting in the Council Chamber in the Municipal Building, City of Roanoke, on Monday, February 14, 1977, at 7=30 p.m., with Mayor Noel C. Taylor presiding. PP. ESENT= Council members Elizabeth T. Bowles~ Robert A. Garland, Lucian Y. Grove, William S. Hubard~ Nicholas F. Taubman, Hampton W. Thomas and ~4ayor Noel C. Taylor ............................. ABSENT= None ..........................0. OFFICERS PP~SENTz ~lr. Byron E. Baner~ City Manager~ Mr. Sam H. McGhee, III, Assistant City Manager~ P~r. Wilburn C. Dibling, Jr., Acting City Attorney~ [ir. James E. Buchholtz, Assistant City Attorney~ Mr. Joel M. Schlanger, Director of Finance~ and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend Robinson B. McAden, Pastor, Cave Spring United Methodist Church. MINUTES= Copy Of the minutes of the regular meeting held on Monday, February 7, 1977, having been furnished each member of Council, on motion of Mr. Grove, seconded by Mr. Hubard and unanimously adopted, the reading thereof was dispensed with and the minutes were approved as recorded. (For full text, see proclamation on file in the City Clerk's Office.) Clerk opened and read the following bid: Wang Laboratories, Inc. $31,250.00 $65,131.00 No Bid $1,841.40 (Purchase only) (Purchase) in which to submit their bid, was also before the Council. (For full text, see com~nunication on file in the City Clerk's Office.) Mr. Thomas moved that the bid and communication be referred to a Council. The motion was seconded by Mr. Hubard and unanimously adopted. Eewitt, Joel M. Schlanger, Ronald H. Miller, William S. Clark and William J. 265 266 Hr. Thongs stated that in the past it was the practice of the administra- tion vhe-n funds had previously been appropriated for a project, for the amount to be shown on the bid tabulation sheet and added that he would like for this practice to be initiated once again. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: The Roanoke City School Board having previously requested that Council appropriate $378,000.00 for the purchase of thirty ~6- passenger school buses and the Council requested that the School Board explore its budget to ascertain if the funds could be found within the confines of its capital budget, a co~nunication from the Roanoke City School Board advising that the Board approved the purchsse of these buses at a cost of $383,397.10, and at a later date the Board will request of Council permission to transfer funds from the school operating budget and/or capital improvement fund, or a combinatlon of both, was before the body. (For full text, see communication on file in the City Clerk's office.) Mr. Garland moved that the co~m~unication be received and filed. The motion was seconded by Hr. Grove and unanimously adopted. BUDGET-SCHOOLS= A communication from the Roanoke City School Board requesting that $2,500.00 be appropriated to Adult Education and DIAL Program and that $161.07 be appropriated to Indochinese Migration Act of the 1976-77 budget, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Hubard offered the following emergency Ordinance appropriating the requested funds: {~23491) AN ORDINANCE to amend and reordain "Schools - Adult Education and DIAL Programs," and "Schools - Indochinese Migration Act," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ........................................7. NAYS: None .......................................... 0. BUDGET-CIRCUIT COURT: A communication from Hr. Walker R. Carter, Jr., Clerk of the Circuit Court, requesting that $3,731.41 be appropriated to his budget to pay one-half the cost of a computer print out of the Defendant Index to Judgments for the period January 1, 1959, through December 31, 1976, was before Council. (For full text, see communication on file in the City Clerk's. Office.) After questioning Hr. Carter relative to his request, Hr. Taubman offered the following emergency Ordinance appropriating $3,731.41 to Other Services and Charges under Section ~0707, 'Clerk of Circuit Court," of the 1976-77 budget: (~23492) AN ORDINANCE to amend and reordain Section t0707, "Clerk of Circuit Court,' of thelg76-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote~ AYES~ Council members Bowles, Garland, Grove~ Hubard, Taubman~ Thomas and Hayor Taylor ............................................. ?. NA¥Ss None ...............................................0. REPORTS OF OFFICERE~ BUDGET-SEWERS AND STORHDRA~NS~ The City Manager submitted a written report requesting that $40,000.00 previously appropriated to Account 2405, 'Capital Outlay from Bond Funds,' for repairs to threw prlmat-/digesters at the Sewage Treatment Plant~ be transferred to Sewage Fund Account 2401~ 'Digester Repairs,' of the 1976-77 budget. (For full text, see report on file in the City Clerk's Office.) Mr. Thomas offered the following emergency Ordinance transferring the funds as requestedt (%23493) AN ORDINANCE to amend and reordain Section %2405, 'Capital Outlay From Bond Funds,' and Section $2401, 'Capital Outlay From Revenue~' Of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................ 7. NAYS: None ..............................................0. BUDGET~GRANTS-CETA: The City Manager submitted a written report recommending that $38,000.00 be appropriated to Unobligated Funds under CETA Administration Title ~, representing an increase in Grant NO. 51-7-204-10, FY '77. (For full text, see report on file in the City Clerk*s Office.) Mr. Grove offered the following emergency Ordinance appropriating the funds as requested: (%23494) AN ORDINANCE to amend and reordain the City Of Eoanoke~s 1976-77 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Hr. Grove r~ved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Councll members Bowles~ Garland, Grove, Nubard~ Taubman, Thomas and Mayor Taylor ....................................... 7. NAYS= None .........................................0. REFUSE COLLECTION: The City Manager submitted a written report in connection with economies that could result in substantial savings by con- solidating and making more efficient residential refuse collection. (For full text, see report on file in the City Clerk*s Office.) The City Manager suggested that the report be referred to the Financial and Planning Session of Council on February 22, 1977, for discussion at that time. Mr. Taubman moved that Council concur in the suggestion of the City Manager. The motion was seconded by Hrs. Bowles and unanimously adopted. 267. 268 SCHOOLS-TOTAL ACTION AGAINST POVERTY: The CltyManager submitted a written report recommending that Ordina~ce No. 23383 be amended to allow for a three year lease of the former Harrison Elementary School to Total Action Against Poverty in order to meet Federal regulations in connection with needed repair work on the roof of the Harrison School building. (For full text, see report on file In the City Clerkes Office.) Mr. Grove moved that Council concur in the report and that the follow- lng Ordinance be placed upon its first reading: (%23495) AN O~DINANCE authorizing and providing for the extension of a certain lease hy the City of the former ~arrison Elementary School site to Total Action Against Poverty in Roanoke Valley, upon certain terms and conditions. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council members Bowies, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................ NAYS: None ..............................................0. STATE HIGHWAYS: The City Manager submitted a written report recon~nend- ing adoption of the proper measure certifying to the Virginia Department Of Highways and Transportation that all arrangements have been ~ade or will be made for the relocation and/or adjustment of all utilities in connection with the Route 24, 13th Street and Bennlngton Street, S. E., highway projects. (For full text, see report on file in the City Clerk"s office.} Mr. Gar/and offered the following Resolution: (%23496) A RESOLUTION relatlng to the relocation or aajustment utility facillties in connection with the Clty"s Route 24 and 13th Street Projects designated as Highway Projects 0024-128-10], RW-20i, C-501 and ~OOO- 128-102, RW-201, C-501, C-502, B-605, B-604. (For full text of Resolution, see Resolution Book No. Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowies, Garland, Grove, Buhard, Taubman, Thomas and Mayor Taylor ..........................................7. NAYS: None ............................................ ADVERTISING-CITY CLEP~K-CITY CHARTER: The Acting City Attorney submitted a written report in connection with amending the City Charter to delete the requirement of publication in a newspaper of the titles of all Ordinances adopted by the Council. (For full text, see report on file in the City clerk's Office.} Mr. Thomas moved that Council concur in the report and that it be referred to Council acting as a Con~nittee of the Whole when it considers proposed leglsiative changes for 1978. The motion was seconded by Mr. Taubman and unanimously adopted. BUDGET: The Director of Finance presented a written report in connectio: with budgeting techniques. (For full text, see report on file in the City Clerk's Office.} Mr. Bubard moved that the report be received and filed and concurred in by Councll. The motion was seconded by Mr. Grove and unanimously adopted. REPORTS OF COMHITTEES~ SALE OF PROPERTY~ The Water Resources Committee submitted a written report reco~,ending that the offer of The Roanoke Tribune for purchase of the Melrose Branch Library property for the sum of $9,500.00, be accepted. {For full text, see report on file in the City Clerk's Offlce.) Mr. Thomas moved that Council concur in the report and that the following Ordinance be placed upon its first readings (123497) AN ORDINANCE authorizing the sale and conveyance of the Cityts for~er Melrose Branch Library property, located at 2318 Melrose Avenue, N. upon certain terms and conditions. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Council members Bowles, Garland, Grovo~ Hubard, Taubman, Thomas and Mayor Taylor ........................................ 7. NAYS: None ..........................................0. AUDITORIUM-COLISEUM: The Roanoke Civic Center Con~ulsslon submitted a wrltten report recommending that the procedure of permlttlng the Hanager of the Civic Center to cash checks drawn on the Civic Center checking account for promoters in emergencies under certain conditions be adopted. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Thomas and unanimously adopted. UNFINISHED BUSINESS= NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND P~ESOLUTIONS= STP~ETS AND ALLEYS: Ordinance No. 23485 authorizing and providing for the city's conveyance to Wometco Coca-Cola Bottling Company of ~oanoke, Incorporated, of a portion of a former alley which was vacated and closed by Ordinance No. 23400, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (123485) AN ORDINANCE authorizing and providing for the city's conveyance to Wometco Coca-Cola Bottling Company of Roanoke, Inc., of a portion of a former alley, which was heretofore vacated and closed by Ordinance No. 23400, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded hyMr. Thomas and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Huhard, Taubman, Thomas and Mayor Taylor ......................................... NAYS: None ...........................................0. REGIONAL JAIL-STREETS AND ALLEYS= Council having directed the City Attorney to prepare the proper measure initiating and providing for the permanent closing, vacating, discontinuing and abandonment of a certain portion 269 27'0 of a ~en-foot wide alley, extending An a westerly direction approximately 225 feet from the westerly line of a ten-foot wide alley adjacent to the westerly side of the Juvenile and Domestic Relations Court building, he presented same; ~hereupon, Mr. Hubard offered the following Resolution: (t23498} A P. ESOI~TION initiating and providing for the permanent closing, vacating, discontinuing and abandonment of a certain portion of a certain 10-f0ot wide alley, extending in a westerly direction approximately 225 feet fro~ the westerly line of a 10-foot wide alley, adjacent to the westerly side of the Juvenile and Domestic Relations Court building, and sltuate generally between Lots 13 through 20, inclusive, of the W. W. Coe Map on the north and Lots 42 through 49, inclusive, of the W. W. Coe Map on the south, and hereinafter more particularly described; referring the matter to the Planning Commission of the Clty of Roanoke for study, report and recot~endation; and appointing viewers to view said alley. (For full text of Resolution, see Resolution Book No. Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ........................................... NAYS: None ............................................ O. STREET NAMES-SIDEWALK, CURB AND GUTTER: Council having directed the City Attorney to prepare the proper measure establishing a procedure for authoriz- ing and approving painting of house numbers On curbs in front of private homes as a private enterprise, he presented sazne; whereupon, Mr. Taubman offered the following Resolution: (123499) A RESOLUTION directing the City Manager to establish a pro- cedure for authorizing and approving painting of house numbers on curbs in front of private homes as a private enterprise. (For full text of Resolution, see Resolution Book No. Mr. Taubman moved the adoption of the Resolution. The motion was seconded by Mr. Eubard and adopted by the following vote= AYES: Council m~mbers Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ......................................... 7. NAYS: None ...........................................0. AIRPORT-GRANTS: Council having directed the City Attorney to prepare the proper measure accepting certain grants-in-aid from the Co~onwealth repre- senting the State's share of funds for participation in several projects being undertaken at the Roanoke Municipal Airport, Woedrum Field, upon certain terms and conditions, he presented same; whereupon, Mr. Thomas offered the following Resolution: (123500) A RESOLUTION accepting certain grants-in-aid from the Co--on- wealth representing the State's share of funds for participation in several projects being undertaken at the Roanoke Municipal Airport, Woodrum Field, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Grove ar~ adopted by the following votes AYES: Council members Bowlesw Garland~ Grove, Hubard, Taubmanw Thomas and Mayor Taylor ........................................... NAYS= None .............................................0. R~GIONAL JAIL: }ir. Hubard offered the following Resolution expressing the intent of the Council of the City of P~anoke with reference to the new jail facility to be constructed in the City Of Reanoke: ¢~25501) A RESOLUTION expressing the intent of the Council of the City of Roanoke with reference to the new jail facility to be constructed in the City of Roanoke. (For full text of Resolution, see Resolution Book No. Mr. Hubard moved the adoption of the Resolution. The ~otion was seconded byMr. Taubman and adopted by the following votel AYES= Council members Bowles, Garland, Grove, Bubard, Taubman~ Thomas and Mayor Taylor ........................................... NAYS: None .............................................0. MOTIONS AND MISCELLANEOUS BUSINESS: COUNCIL: Mr. Tau~man moved that Council meet in Executive Session to discuss a real estate matter. The motion was seconded by Mr. Thomas and adopted by the following vote: Thomas and Mayor Taylor .......................................... COMMITTEES: The Mayor advised of the following: ~xplration Of the four year term of Mr. S. D. Roberts Moore as a member of the Regional Corrections Board on February 12, 1977. and Social Development to fi1! the unexpired term of Mrs. Christine L. Crump, resigned, ending June 30, 1977. Expiration of the one year term of Mr. William S. Hubard as the city representative to the Board of Directors of the League of Older Amerlcans on March 1, 1977. After being advise~ that}tr. Moore does not desire to continue to serve on the Regional Corrections Board, the Mayor requested that Mr. Hubard be responsible for finding someone to fill the vacancy. The Mayor requested that Mr. Garland be responsible for finding Social Development. Mr. Hubard requested that the City Manager designate someone from his administration to replace him on the Board of Directors Of the League of Older Americans. HEALTH DHPARTM~2~T: The City Clerk reported that Mr. Grady P. Gregory, Jr., has qualified as a member of the Housing and Hygiene Board for a term Of tWO years ending January 31, 1979. Mr. Thomas moved that the report he received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. 27:2 HOUSING-SLUHCLEAI~NCH= The City Clerk reported that the Reverend Harvin E. Jacobs has qualified as a Com~lssioner of the City of Roanoke t~develop- ment and Housing Authority to fill the unexpir~d terror Hr. Charles R. Merkel, resigned, ending August 31, 1979. Mr. Thomas moved that the retort be received and flied. The motion was s~conded by Mr. Taubman ar~ unanimously adopted. OTHER HEARINGS OF CITIZENS= LEGISLATION-ANNEXATION= Mr. Thomas advised that Council previously requested him to monitor bills before the General Assembly and report as to their status from time to time, and of particular interest to the City of Roanoke is a bill presently before the Senate Committee on Cities, Towns and Counties pertaining to annexation immunity which is reportedly a compromise bill. He stated that it is his feeling the parties involved should be consulted and the City of Roanoke has not been directly contacted by its Senators or Delegates. He added that the Mayor of the City of Salem has proposed that a moratorium is in order until the proper parties have had a chance to review the bill. He said that the City of Roanoke should also take a position on the matter and suggested that Council ask its City Attorney and City}tanager to have representatives present in Richmond on Tuesday to appear before the Senate Local Goverrunent Con~mlttee to request more information on the bill before passage. Mr. Thomas then ~oved that the City Manager and the City Attorney be authorized to send representatives to Richmond on Tuesday, February 15th to appear before the Senate Local Government Committee relative to the annexation i~unity bill to advise the Co~u~ittee that the City of Roanoke desires addi- tional information prior to passage of the bill, and further that the Mayor be requested to contact Senator William B. Hopkins and Senator Dudley J. Emick to express the views of Council. The motion was seconded by Mr. Taubman and unanimously adopted. PLANNING: The Mayor advised that the Council will meet as a Committee of the ~ole on Tuesday, February 22, 1977, immediately following the Financlal and Planning Session to receive a briefing from its representatives on the Executive Committee of the Fifth Planning District Commission relatlve to recertification of funds for the Southwest Virginia Community Development Fund. There being no further business, the Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED Mayor COUNCIL, P. EGUI~R HEETING~ Monday, February 28, 1977. The Council o£ the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, at day, February 28, 1977, with Mayor Noel C. Taylor presiding. PRESENTs Council members Elizabeth T. BOWles, Robert A. Garland, Lucian y. Grove, William S. Hubard, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor {left the meeting at 2s50 p.m.) ............. 7. ABSENTs None ...........=-~ ............................ 0. OFFICERS PRESENTS Mr. Byron E. Haner, City Manager; Mr. Sam N. McGhee, Ill, Assistant City Manager; Mr. Wllburn C. Dlbling, Jr., Acting City Attorney; Hr. James E. Buchholtz, Assistant City Attorney; Hr. Joel M. Schlanger, Director of Flnancel and Mrs. Mary F. Parker, City Clerk. INVOCATION~ The meeting was opened with a prayer by the Reverend George H. Freeman, Pastor, Woodlawn United Methodist Church. HEARING OF CITIZENS UPON PUBLIC MATTERSs PARKING GARAGE: Pursuant to notice of advertisement for bids for a vehicle wash facility at the Public Works Service Center, said proposals to be received by the City Clerk until ls30 p.m., Monday, February 28, 1977, and to be opened before Council at 2 p.m., on that date, the Mayor asked if anyone had any question~ u~uuu =ne duvertisement for bius 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 advised that one bid was received four minutes past the 1:30 p.m., deadline and inquired if it was the desire of Council that the bid be opened. Mr. Grove moved that the bid be opened and considered. The motion was seconded by Mr. Bubard and unanimously adopted. The City Clerk then proceeded to open and read the following bids: Bidder Base Bid Alt. NO. I Alt. No. 2 Days Construction Co., Inc. $51,800.00 $ 700.00 $ 1,200.00 Southwest Construction, Inc. 54,200.00 628.00 956.00 Hedges Lumber Corporation 54,386.00 564.00 1,105.00 William E. Reynolds Construction Co. 54,643.00 700.08 1,100.00 Watts and Breakell, Inc. 56,500.00 540.00 1,010.00 Creative Construction & Develop- ment Corporation 58,300.00 700.00 1,200.00 Regional Construction Services, Inc. 58,410.00 800.00 1,300.00 Thor, Inc. 58,800.00 600.00 1,000.00 Mr. Thomas moved that the by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Hubard and unanimously adopted. The Mayor appointed Messrs. Sam H. McGhee, III, Chairman, J. D. Sink and Thomas F. Brady as members of the committee. CITY MARKETs A co~unicatton from Mr. Harold E. Little advising that he is about to complete a two and one-half year project which is a series of 33 etchings on the subject of Roanoke City Market and related subjects, and he would like to donate a complete set, printed and signed by himself to the City of Roanoke. (For full text, see comunlcatlon on file in the City Clerk's Office.) bids be referred to a committee to be appointed 273 274 In view of the fact that the Roanoke City Arts Con~ssion is presently studying a procedure and will make recon~endations to Council relative to acceptanc Of gifts by the City of Roanoke~ Mr. Ta-_~n moved that the matter be referred to the Commission for study, report and recom~endation to Council. The motion was seconded by Hrs. Bowles end unanimously adopted. PARKS AND RECREATION~ Hr. J. Stuart FrankLin, Jr., President, Roanoke Valley Chamber of Commerce~ appeared before Council and presented a check in the amount of $5,000.00 to the City of Roanoke representing proceeds of the sandlot Football Benefit Game sponsor~ by thc Chamber of Commerce. The City Manager suggested that Council instruct the Director of Finance to prepare the proper measure transferring the $5~000.00 to Parks and Recreation Account NO. 255 to pay for rehabilitation of ec~lpment, advising that this has been the procedure in the past. Mr. Taubman moved that Counci! concur in the suggestion of the City Hanager and that the Director Of Finance be instructed to prepare the proper measure. The motion was seconded by Hr. Garland and unan~nously adopted. OPPORTUNITIES INDUSTRIALIZATION CENTER= A request of Mr. George Franklin, Executive Directorm Opportunities Industriallzation Centcrt to address Counci! relatlve to concern of economic conditions of the inner city residents, was before the body. (See page 277, for additional infor~ation.) It appearing that Mr. Franklin was not in the Council Chamber, Mr. Thomas moved that the request be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. PETITIONS AND COMMUNICATIONS= BUDGET-SCHOOLS= A con, un,cation from the Roanoke City School Board requesting that $182,465.00 be transferred within the 1976-77 budget of the Roanoke City School Board, was before Council. (For full text, See CO~nUnlcation on file in the City Clerk's Office.) Mr. Garland offered the following emergency Ordinance transferring $182,46~.00 from various accounts to Improvements and Betterments under the 1976-77 budget Of the Roanoke City School Board= [%23502) AN O~DINANCE to amend and reordain 'Schools,' of the Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, See Ordinance Book No. In a discussion of the request, the Clerk of the School Board advised that the funds will be used to pay for furnishings and equipment for the new school additions. Mr. Bubard made reference to the fact that one purpose of the Financial and Planning Session of Council is for all budgetary requests to be discussed at that time in order for the Council to have a better picture of its situation~ whereupon~ Mr. Eavey replie~ that ~n this particular case the necessary information was not available for action by the School Board in time to be submitted to Council at its Financial Session on February 22nd. Mr. Hubard suggested that it m~ght be worthwhile for the School Board to consider adjusting its agenda so that budgetary items be discussed on the second Tuesday of the month and in that way the requests could then be presented to the Council at its Financial Session on the third Monday of each month. After a discussion vherein the Council was info.ned that there will possibly be one more request for transfer of funds, ~:. Garland moved the adoption of the Ordinance. The motion was seconded by/ir. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubardw Taubman, Thomas and Hayor Taylor ...................................... NAYS: None ........................................0. BUDGET-JAIL: A communication from the Sheriff requesting thst $8,000.00 be appropriated to Other Services and Charges under Section %0716, 'Jail,s of the 1976-77 budget, to provide sufficient funds for the remainder of the fiscal year, was before Council. Hr. Taubman called attention to the fact that such a request would normally be presented to Council at its Financial and Planning Session~ advising that the Council is attempting to end the fiscal year with a surplus and it is requesting that each department needing additional funds be instructed to search within its ow~ budget to ascertain as closely as possible if there are additional funds within that budget. For that reason, Hr. Taubman moved that Council appropriate $4,000.00 to other Services and Charges under Section 10716, "Jail,~ of the 1976-77 budget, and that the Sheriff be requested to examine his budget tO ascertain if the remaining $4,000.00 can be found within the confines of his 1976-77 fiscal year budget. The motion was seconded by Mr. Hubard and unanimously adobteu. Mr. Huhard offered the following emergency Ordinance as amended: (123503) AN ORDINANCE to amend and reordain Section %0716, "Jail," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ........................................ 7. NAYS: None ..........................................0. Hr. Hubard moved that the City Manager be instructed to correspond with the Constitutional officers and other department heads to advise them that the Council has requested that they submit all budgetary matters to the City Manager and he in turn will present them to the Council for consideration during its Financial and Planning Session On the third Monday of each month. The motion was seconded by Mr. Garland and unanimously adopted. BUDGET-COMMONWEALTH'S ATTORNEY: A cor~nunication from the Common- wealth's Attorney requesting that $454.00 be appropriated to cover expenses expected to be incurred while attending a Child Abuse Seminar in Madison, Wisconsin advising that a grant has been applied for through the Division of Justice and Crime Prevention to cover 95 per cent ($431.30) of these expenses with a five per cent ($22.70) local cash match, was before Council. (For full text, see communication on file in the City Clerk's Office.) 275 276 Mr, Thomas offered the following emergency Ordinance appropriating the requested funds~ (123504) AN OP. DINA~CZ to amend and reordain Section 10710, wealth Attorney,' of the 1976-77 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Rock No. Mr, Thomas moved the adoption of the Ordinance, The ~otion was seconded by Mr. Taubman and adopted by the following vote~ AYESI Council members BOWles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ...................................... 7. NAYS~ None ........................................0. PURCHASING AGENT= A eonununication from}ir. WllliamF. Clark, Clerk, Roanoke County Board of Supervisors, transmitting copy of Resolution No. 1713 adopted by the Board of County Supervisors on February 8, 1977, approving certain cooperative purchasing arrangements and encouraging other local governmental bodies to do likewise, was before Council. {For full text, see Resolution on file in the City Clerk's office.) Mr. Thomas moved that the Resolution be received and filed. The motion was seconded by Mr. Hubard and unanimously adepted. In this connection, the City Manager submitted a written report recom- mending that Council adopt a similar Resolution authorizing participation in such joint purchasing efforts as deemed appropriate. (For full text, see report on file in the City Clerk's office.) Mr. Thomas offered the following Resolution: (%23505} A P~SOLUTION approving certain cooperative purchasing arrangements and encouraging other local governmental bodies to do the same. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mrs. Bowles and adopted by the following vote= Thomas and Mayor Taylor ......................................... 7. AIRPORT: A communication from)tr. George W. Kerr, Regional Vice President, Professional Air Traffic Controllers Organization, in connection with the parking situation at Roanoke Municipal Airport, Woodrum Field, was before Council. (For full text, see con~nunication on file in the city Clerk's Office,) Mr. Taubman moved that the co~unlcation be referred to the City Manager and the Airport Advisory Commission for handling administratively. The motion was seconded by Mr. Bubard and unanimously adopted. RADIO-TELEVISION: A communication from Mr. Richard E. Wiley, Chairman, Federal Communications Co~ission, in response to Resolution No. 23472 relative to certain objectionable programs being offered on cable television in the Roanoke Valley, was before Council. (For full text, see communication on file in the City Clerk's Office.) Hrs. Bowles moved that the communication be received and filed, The motion was seconded by Hr. Hubard and unanimously adopted. ZONING~ A co~uunication from Hr. K. C. Klng, Jr., Attorney, repre- senting Young Brothers Grocer, Incorporated, tn connection with their rezoning request for property on the easterly side of Helcher Street, S. E., advising that the City Planning Commission has voted aqainst said rezoning and requesting that the matter be returned to the Commission for reconsideration in light of additional Information received, was before Council. (For full text, see communication on file in the City Clerk*s Office.) Hr. Thomas moved that Council concur in the request and that the matter be referred back to the City Planning Commission for further consideration. The motion was seconded by Hr. Taubman and unani~ously adopted. PURCHASE AND SALE OF PI~OPERTY-DONATIONS: A communication from Hr. William H. Harttn, Attorney, offering as a gift to the city a small parcel of land, Official Tax No. 2121419, was before Council. (For ful! text, see communication on file in the City Clerk*s Office.) Hr. Taubman moved that the offer be referred to the Water Resources Committee for study, report and recon~endation to Council. The motion was seconded by Hr. Garland and unanimously adopted. HOUSING-SLUH CLEARANCE: A communication from Hr. ~. H. Turner, Attorney, representing the City of Roanoke Redevelopment and Housing Authority, requesting that a number of storm drain and sanitary sewer easements located outside the public rights-of-way in Section 4, Galnsboro Neighborhood Develop- ment Program, be released, was before Council. (For full text, see communication on file in the City Clerk*s Office.) Hr. Hubard moved that the matter be referred to the City Hanager and the Acting City Attorney for study, report and recommendation to Council. The motion was seconded by Hr. Grove and unanimously adopted. INDUSTRIES: A communication from Hr. E. C. Sanders tendering his resignation as a Director of the Industrial Development Authority effective immediately, by reason of his residency in Roanoke County, was before Council. (For full text, see cowauunication on file in the City Clerk's Office.) Hr. Hubard moved that the resignation be accepted. The motion was seconded by Hr. Taubman and unanlmously adopted, OPPORTUNITIES INDUSTRIALIZATION CENTER: Earlier during the meeting Council received and filed a request of Hr. George E. Franklin, Executive Director, Opportunities Industrialization Center, to address the Counci! relative to concern over economic conditions of the inner city residents, the Ha¥or advised that Hr. Franklin was in the Council Chamber and asked the members of Council if they~ould like for Hr. Franklin to address them at this point on the agenda~ whereupon, Hr. Taubman moved that Hr. Franklln be permitted to address the Council at this point. The motion was seconded by Hr. Garland and unanimously adopted° 27'7 Hr. Franklin road a prepared statement requesting that the ~ayor use his office to facilitate the develol~nent of a local economic plan which viii deal with the high incidents of unemployment and underemployment, advising that under the Nayor's leadership the agency resources available to this city ~ould and could become a model mechanism for effective and efficient people revitaliza- tion. (For full text, see statement on file in the City Clerk's Office.) The Hayor expressed appreciation to Mr. Franklin for his interest and, as Hayor of the City of Roanoke, accepted the recomaendation, responsibility and challenge, advising that he feels it is a matter of making goverr~ent responsible and responsive to all the people and this is a challenge that must be met. Hessrs. Hubard and Thomas agreed with the Hayor, however, they stated that it would be most helpful if Mr. Franklin could adviso in writing as to those areas of specific interest. Hr. Hubard moved that the statement be received and filed with apprecia- tion. The motion was seconded by Hr. Taubman and unanimously adopted. At this point, the Hayor left the meeting and the Vice-Mayor assumed the Chair. REPORTS OF OFFICERS~ BUDGET-PUBLIC ~rELFAP. E: The City Hanager submitted a written report reco~endln9 that $10,000.00 be transferred from Aid to Dependent Children to Emergency Assistance to Needy in the social Services Department budget to provide funds for the remainder of the fiscal year. (For full text, see report on file in the city Clerk's Office.) Hr. Hubard offered the following emergency Ordinance transferring the funds as requested: (t23505) AN OHDINA~CE to amend and reordain Section ~1537, 'Soclal Services,' of the 1976-77 Appropriation Ordinance, end providing for an emerqency. (For full text of Ordinance, see Ordinance Book No. Hr. Bubard moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the followlng vote: AYES: Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor Bowles ............................. 6. NAYS= None .........................0. (Mayor Taylor absent) BUDGET-CAPITAL IMPROVEMENTS: The City Manager submitted reports requesting that certain projects with their appropriated funds be transferred from the Street Maintenance budget to the Capital Improvement Fund to allow same to continue beyond the end of this fiscal year and be completed. The(F°r fullt text, see reports on file in the City Clerk's Office.) Ci y Manager suggested that the reports be carried over and consider~ by the Council at its Financial and Planning Session in March. Mr. Nubard moved that the reports be considered by Council at its Financial and Planning Session on Monday, March 21, 1977. The motion was seconded by Hr. Taubman and adopted. EQUIPMENT= The City Manager submitted a written report concurring in a report of a committee requesting authorization to pay an additional $826.11 to Cavalier Equipment Corporation as additional payment for a winch for a Knuckle Boom Crane unit previously purchased. {For full text, see reports on file in the City Clerk's Office.) Mr. Thomas offered the following emergency Ordinance providing for the additional payment: (123507) AN ORDINANCE providing for the City to pay an additional $826.11 tO Cavalier Equipment Corporation for the winch on a Knuckle Boom Crane Unit; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council me~bers Garland, Hubard, Taubman, Thomas and Vice- Mayor Bowles .......................................................... 5. NAYS= None .................................................0. (Mayor Taylor absent) (Mr. Grove not voting) SWIMMING POOLS-pLANNING: The City Manager submitted a written report seeking policy guidance on existing and new swimming pool operations, recommend- ing that the existing pools at Eureka and Washington Parks be closed and filled in; that Hurt Park pool be offered to a co~munity organizatien for operation at no cost Or liability to the city and, if no offer is forthcoming, that the pool be closed and filled in; that the pool season be established as June 7 to September 5, 1977; that hours of operation as reflected in an attached study be concurred in, subject to change by the administration as experience may dictate; that entrance fees be established as show~ in the study; and that personnel be hired and trained as indicated, costs for which are to be reflected in the fiscal year 1977-78 budget. (For full text, see report On file in the City Clerk's Office.) Mr. Taubman moved that the report be referred back to the City Manager for the purpose of conferring with Opportunities Industrialization Center, Total Action Against Poverty in Roanoke Valley and the Roanoke Neighborhood Alliance rel~ ative to admission charges, operation, etc., that the City Manager consider utilizing CETA personnel in the operation of the pools where possible, and that Council concur in the City Manager's recommendation relative to closing certain pools or consider other use of them. The ~tion was seconded by Mr. Thomas and adopted. Mr. George E. Franklin, Executive Director, OIC, advised that approxi- mately ene year ago he took a strong position on the swiping pools and made certain recommendations which were available to the City Manager, and to date he has heard nothing from the City Manager relative to seeking assistance from OIC. He stated that there are funds available for the operation of the ~x)ols and if these funds are not utilized there will continue to be a deficit in the operation three or four years from now. DOWNTO~rN ROANOKE: The City ~nager submitted a written report in con- nection with promotion of the downtow~ area, advising of free parking, free bus rides and Friday night store openings. 279 ~780 {For full text, see report on file in the City Clerk's Office.) In addition tothose streets listed in the report, the Assistant City Manager advised that Church Avenue between Jefferson Street and First Street, S. W,, will also be closed to vehicular traffic. Mr. Taut~an moved that the report be received and filed. The motion was seconded by Mro Grove and adopted. REFUSE COLLECTION-CITIZENS' ENVI~ONHENTAL COUNCIL~ The City Manager sul~mltted a written report in connection with initiation and implementation of a Clean Community System, recon~mendlng prior to naming a Clean City Committee, that Council authorize the expenditure of funds from their travel budget to fund the expenses of Ms. Harylyn L. Williams, Coordinator for the Charlotte, North Carolina Committee, to come to Roanoke and brief thc Council and interested citizens on the subject, and, after that time, the Council could decide whether or not it would like to proceed with this matter and the proper route in which to follow. (For full text, see report on file in the City Clerk's Office.) Mr. Grove moved that Council concur in the reco~endatlon of the City Manager and that proper arrangements be made to have Ms. Williams come to Roanoke at an appropriate time to brief the Council on the program. The motion was seconded by Mr. Hubard and adopted. BUDGET-PUBLIC WELFAP~: The Director of Finance submitted a statement of expenditures for Public Welfare for the month ended January 31, 1977. (For full text, see statement on file in the City Clerk's office.) Mr. Taubman moved that the statement be received and filed. The motion was seconded by Mr. Hubard and adopted. ZONING: A report of the City Planning Commission in connection with a proposed amendment of Section 27, Transitional Use Clause, of the Zoning Ordinance, recommending that the amendment be approved, was before Council. (For full text, see report on file in the City Clerk's Office.) After a period of discussion between Council, the Deputy Manager of City Planning and the Zoning Administrator, Mr. Hubard moved that the report be referred back to the city Planning Commission for more detailed information as to the philosophy behind the proposed amendment. The motion was seconded by Mr. Taubman and adopted. pLANNING: The city Planning Commission submitted a written report transmitting the recently amended and adopted by-laws of the Con~nission. (For full text, see report on file in the city Clerk's Office.) Mr. Taubman moved that the report be received and filed. The motion was seconded by Mr. Hubard and adopted. pLANNING: The City Planning Con=~ission submitted its annual report for the year 1976. (For full text, see report on file in the City Clerk's Office.) Mr. Nubard moved that the report be received and filed. The motion was seconded by Mr. Taubman and adopted. REPORTS OF COMMITTEES: AUDIT COMHITTEE-MUNICIPALAUDITORI Mr. Hubard, Chairmml of the Audit Committee, presented minutes of the meeting held on February 22, 1977. (For full text, see minutes on file in the City Clerk's Office.) Mr. Hubard moved that the minutes be received and filed. The motion was seconded by Mr. Taubman and adopted. EOUIPHENT: A committee appointed to study bids received for a data conmunlcatlons package submitted a written report recommending that the one bid received be rejected and that the project be readvertised, (For full text, see report oa file in the City Clerk's Office.) Mr. Thomas moved that Council concur in the report and offered the following Resolution: (%23508) A RESOLUTION rejecting all bids received for a data communi- cations package designed to automate warrant and capias files consisting of computer hardware and software necessary to replace the existing manual system in Roanoke City, City of salem and Roanoke County, and directing the City Manager to cause the project to be readvertised for bids. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor Bowles ................................ 6. NAYS: None ............................0. (Mayor Taylor absent) TAXES: As previously requested by Councilman Grove, the City Taxes Committee submitted a written report in connection with the maximum amount of usage eligible for taxation for natural gas and electricity when these utilities are the principle source of space heating, recommending no change in the limit of taxable usage of natural gas as it appears at this time to be fair and equitable; and also recommending that the limitation contained in Title VI, Chapter 3, Section 2 of the City Cede as it relates to the use of electricity as the principle source of space heating be amended to increase the base taxable amount to $25.00 per month during the period of October I through May 31, advising that this change wi1! increase the maximum tax to $5.00 per month for those homes utilizing electricity as the principle source of space heating. The Committee further recommended that this matter be referred to the City Attorney for preparation of the proper measure effective October 1, 1977. (For full text, see report on file in the City Clerk's Office.) Mr. Grove moved that Council concur in the reco=endation of the Committee and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Hubard and adopted. HUMAN RESOURCES COMMITTEE-BUDGET: The Human Resources Committee submitted a written report in connection with a request of Roanoke Area Ministries for emergency funds, recommending that $2,000.00 be appropriated to assist in meeting their emergency needs. (For full text, see report on file in the City Clerk's Office.) ~82 ~ro Garland offered the following emergency Ordinance transferring $2;000°00 frc~Contingency Funds to Roanoke Area Hlnistries under Section i1832; "Contributions and Subsidies;" of the 1976-77 budget: {~23509) AN ORDINANCE to amend and reordain Section %1832, 'Contributioz and Subsidies,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance; see Ordinance Book NO. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Garland, Grove; Hubard, Taubmant Thomas and Vice-Mayor Bowles ................................. 6. NAYS: None .............................0. (Hayor Taylor absent) HUMAN RESOURCES CO~24ITTEE-BUDGET: The Human Resources Committee submitted a written report in connection with the request of Valley Youth Hockey Association for $1,500.00 to permit completion of the current season, recommending that $300.00 be appropriated for this purpose. (For full textt see report on file in the City Clerk's Office.) Mr. Hubard moved that the report be received and filed with no action. The motion was seconded by Mr. Taubman and adopted. UNFINISHED BUSINESS= NONE. CONSIDERATION OF CLAIMS= NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TOTAL ACTION AGAINST POVERTY-SCHOOLS= Ordinance No. 23495 authorlzlng and providing for the extension of a certain lease by the city of the former Harrison Elementary School site to Total Action Against Poverty in Roanoke Valley, upon certain terms and conditions, having previously been before the Councll for its first reading, read and adopted on its f£rst reading and laid over, was again before the body, Mr. Thomas offering the following for second reading and final adoption: (~23495) AN O~DINANCE authorizing and providing for the extension of a certain lease by the City of the former Harrison Elementary School site to Total Action Against Poverty in Roanoke Valley= upon certain terms and conditions. (For full text of Ordinance, see Ordinance Hook No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following vote= AYES: Councll members Garland, Grove, Nubard, Taubman, Thomas and Vice-Mayor Bowles ....................................... 6. NAYS: None .................................... 0. (Mayor Taylor absent) CITY PROPERTY-L[B~ARI~S: Ordinance No. 23497 authorizing the sale and conveyance Of the cityts former Melrose Branch Library property, located at 2318 Melrose Avenue, N. W., to The Roanoke Tribune for $9,500.00, having pre- v~ously been before the Council for its first reading, read and adopted on its first reading and lald over, was again before the body, Mr. Thomas offering the following for its second reading and final adoption= (123497) AN ORDINANCE authorizing the sale and conveyance of the Clty*s former Melrose Branch Library property, located at 2118 Melrose Avenue, N. M., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. H~. Thomas m~ved the adoption of the Ordinance. The ~otion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Tauhman, Thomas and Vice-Mayor Bowles ............................... 6. NAYS~ None ...........................0. (Hayor Taylor absent) BUDGET-CITY ENGINEER-HISCELLANEOUS-REA~ ESTATE ASS~SSOR~ AS previously instructed by the Council at its Financial and Planning Session on February 22, 1977, the Director of Finance submitted a budget Ordinance appropriating $25,000.00 to Overtime under Section i1605, 'utility Line Facilities'; appropriating $11,500.00 to Lunacy Commissions under Section #1850, "Miscellane- ous#; and appropriatin9 $6,000.00 to Travel and Education under Assessment of Real Estate of the 1976-?? budget; whereupon, Mr. Grove offered the following emergency Ordinance: (~23510) AN ORDINANCE to amend and reordain certain sections of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Nubard and adopted by the following vote: AYES= Council members Garland, Grove, Eubard, Taubman, Thomas and Vice-Mayor Bowles ................................ NAYS: None ............................0. (Mayor Taylor absent) MOTIONS AND MISCELLANEOUS BUSINESS: MISCELLANEOUS-CITY ENGINEER: A communication from Mayor Noel C. Taylor in reference to providing assistance for an Apprenticeship Training Program, sponsored by Local 158 International Union of Operating Engineers, to train individuals in the operation of heavy equipment such as bulldozers, cranes, back hoes, etc., advising that the city has been approached with a request to provide a productive operating site or sites such as roads, ponds, ditch digging experience, etc., was before Council. {For full text, see communication on file in the City Clerk's Office.) Mr. Grove stated that he discussed the matter with the Mayor prior to the Council meeting and they both have questions in respect thereto, that sufficient information is not available for the Council to make a decinion and for that reason moved that the matter be referred to the City Manager for investigation, report and recommendation to Council. The motion was seconded by Mr. Thomas and adopted. COUNCIL: Mr. Taubman moved that Council meet in Executive Session to discuss a real estate matter. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor Bowles ............................. 6. NAYS: None .......................... 0. (Mayor Taylor absent) 283 :28~t COUNCIL: Hr. Thomas moved that Council meet in Executive Session discuss a matter of pending litigation. The motion was seconded by Hr. Taubman and adopted by the following vote: AYES: Council members Garland, Grove~ Nubard, Taubman, Thomas a~d Vtce-Hayor Bowles ................................ NAYS: None ............................0. (Mayor Taylor absent) COMMITTEES-LEAGUE OF OLDER AHERICANS: The Vice-Mayor advised that at the meeting of Council on February 14th, the City Manager was regueated to submit the name of an individual from his administration to replace Councilman William S. Hubard as the city representative on the Board of Directors of the ~eague of Older Americans, for a one year term ending February 28, 1978. The Vice-Mayor called for nominations to fi1! the vacancy; whereupon, Mr. Bubard placed in nomination the name of Hr. James D. Ritcbie. There being no further nominations, Mr. Rltchle was elected as a city representative to the Board of Directors of the League of Older Americans for a one year term ending February 28, 1978, by the following vote: FOR MR. RITCNIE: Council members Garland, Grove, Hubard, Taubman Thomas and Vice-Mayor Bowles ..................... 6. (Mayor Taylor absent) OTHER HEARINGS OF CITIZENS: NONE. There being no further business, the Vice-Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED Vice-Mayor COUNCIL, REGULAR MEETING, Monday, March 7, 1977. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, on Monday, March 7, 1977, at 2 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding. PRESENT= Council members Robert A. Garland, Lucian Y. Grove, MllllamS. Hubard, Nicholas F. Taubman and Mayor Noel C. Taylor ........5. ABSENT= Vice-Mayor Elizabeth T. Bowles and Council Member Hampton W. Thomas ................................................................. 2. OFFICERS pRESENT= Mr. Byron E. Naner~ City Manager; Hr. Sam H. McGheo, III, Assistant City Manager; Mr. Wllburn C. Dlbllng, Jr.~ Acting City Attorney; Hr. James E. Buchholtz, Assistant City Attorney; Hr. Joel M. Sehlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend Paul D. Steinke, Mental Health Services. MINUTES= Copies Of the minutes of the regular meetings held on February 14, 1977, and February 22, 1977, having been furnished each me~ber of Council, On motion of Mr. Tauhman, seconded by Mr. Garland and adopted, the reading thereof was dispensed with and the minutes were approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY MARKET: Pursuant to notice of advertisement for bids for alterations to the Roanoke City Market Building, said proposals to be received by the City Clerk until 1:30 p.m., Monday, March 7, 1977, and to be opened before the Council at 2 p.m., on that date, the Mayor 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: Hodges Lumber Corporation $ 20,150.00 Blanc & White Construction Company 20,972.00 Southwest Construction, Incorporated 22,479.00 Thor, Incorporated 23,300.00 Mr. Hubard moved that the bids be referred to a co~ittee to be appointed by the Mayor for tabulation, report and reco~vmendation to Council. The motion was seconded by Mr. Taubman and adopted. The Mayor appointed Messrs. Kit B. Kiser, Chairman, Thomas F. Brady and Harold G. Hardy as me~nbers of the committee. PETITIONS AND COMMU~NICATIONS= BUDGET= A communication from the State Compensation Board advising of a meeting on April 5, 1977, at Virginia Polytechnic Institute and State University relative to the budget requests of the Constitutional officers for fiscal year 1977-78, requesting an expression of policy concerning salary increases and recommendations in regard to the budget requests filed by said officers, was before Council. (For full text, see communication on file in the City Clerk's Office.) 285 286 In a discussion of the matter, the City Manager stated that he was not ready to make any type of recommendation to the Council concerning salary increases for city employees~ however, prior to the meeting on April 5th he should be in a position to give a clearer indication to the Council. Mr. Taubman moved that the communication be received and filed. The motion was seconded by Mr. Hubard and adopted. DOWNTOWN ROANOKB~ A Marketing Survey of Customer Shopping Habits With Regard to Downtown Roanoke, conducted and prepared by The Patrick Henry Distributive Education Clubs of Amerlca~ was before Council. (For full text, see Survey on file tn the City Clerkes Office.) ~[r. Garland moved that the City Attorney be instructed to prepare the proper measure expressing appreciation for a job well done. The motion was seconded by }tr. Grova and adopted. R~POBT$ OF OFFICERS= PARKS ~-ND PLAYGRO~NDS~ The City Ma_nagar submitted a written report recommending authorization to grant permission to the Mill Mountain Garden Club to execute a contract for construction of ornamental pools and a connecting brook and proposed planting as part of the Mill Mountain Wildflower Garden, to be paid for by said Club, and agreeing that the city will maintain the project upon completion. (For full text, see re~ort on file in the City Clerk's Office.) Mr. Hubard offered the followlng emergency Ordinance= (%23511} AN ORDINANCE granting permission to Mill Mountain Garden Club to construct, without cost to the city, certain ornamental pools in the Wildflower Garden on Mill Mountain; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Bubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council me~bers Garland, Grove, Hubard, Taubman and Mayor Taylor ...................................................................5. NAYS: Hone .................................................... O. (Council me~nbers Bowles and Thomas absent) BUDGET-SERViCE CENTER: The City ~nager submitted a written report requesting authorization to execute Change Order No. 3 to the contract with Vosbeck Vosbeck Kendrick Redinger for engineering services in connection with the Service Center facility, to allow for an increase of the fees to be paid from $76,500.00 to $86,500.00. (For full text, see report on file in the City Clerk's Office.) Mr. Grove offered the followlng emergency Ordinance transferring $3,184.20 from Second Street Storm Drain to Service Center under Capital Projects Fund Transfers to Other Funds %1855 of the 1976-77 budget: (123512) AN O~DINA/{CE to ~end and reordain Section %1855, 'Transfers to Other Funds,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ord£nance, see Ordinance Book No. Hr. Grove moved the adoption of the Ordinance, The motion was seconded by Hr. Nubard and adopted by the following votes AYES~ Council members Garland, Grove, Hubard, Taubman and Hayor Taylor ................................................................... 5. NAYSs None ....................................................0. {Council members Bowles and Thomas absent) Hr. Grove offered the following emergency Ordinance authorizing issuance of Change Order No. 3~ (~23513) AN ORDINANCE authorizing the issuance of Change Order No. 3 to the Cityts contract with Vosbeck Vosbeck Kendrick Redinger, Architects and Engineers, authorized by Ordinance No. 20863, for providing for payment of increased costs for the plans and professional services related to the design and construction of the Public Works Service Center; upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Council members Garland, Grove, Hubard, Taubman and Mayor Taylor .................................................................. 5. NAYS= None .................................................. 0. (Council members Bowles and Thomas absent) Pa~u~ ~U P~AYGROUNDS-GP2%NTS-CITY EMPLOYEES: The City Manager submitted a written report reco~unending authorization to enter into an agreement relative to the Virginia Off-Campus Work-Study Program for summer employment of college students, advising that he anticipates hiring up to 20 students on this basis for work in the Department of Parks and Recreation at playgrounds and swimming pools and these students will be part of the seasonal m~rk force normally hired for summer activities. (For full text, see report On file in the City Clerk's office.) Mr. Garland offered the following Resolution authorizing the City Manager to enter into the agreement: (%23514) A RESOLUTION authorizing the City Manager to enter into an agreement with the Virginia College Off-Campus Work Study Program to provide for a summer employment program in the city for students. (For full text of Resolution, see Resolution Book No. Mr. Garland moved the adoption of the Resolution. The motion was seconded hyMr. Grove and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Taubman and Mayor Taylor ............................................................... 5. NAYS: None ................................................0. (Council members Bowles and Thomas absent) EASEMENTS-WATER DEPART~NT: The City Manager submitted a written report in connection with a request of Mr. Richard M. Kurshan, Attorney, represent- ing The Industrial Development Authority of the City of Roanoke and Halmode Apparel, Incorporated, that a water line easement running through certain property fronting on Wertz Avenue, N. E., be released. (For full text, see report on file in the City Clerk's Office.) 287 288 Hr. Taubmanmoved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Garland and adopted. COHPREHENSIVE EHPLOYMENTAND TRAINING PROGRAMs The City Manager submitted a written report requesting authorization to enter into a lease agreement, effective March 15w 1977, for office space across from the Municipal Building complex on Second Street (Jato House) to house the administrative staff of the CETA program. {For full text, see report on file in the City Clerk's Office.) Mr. Garland offered the following emergency Ordinance authorizing and providing for the lease: (%23515) AN ORDINANCE authorizing and providing for lease by the City of certain office space in the Jato House Building located at 308 Second Street, S. W., in the City of Roanoke, from the owner of said property, to be used as office accommodations for certain administrative employees of the City, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote= AYES: Council members Garland, Grove, Hubard, Taubman and Mayor Taylor .................................................................. 5. NAYS= None ................................................... 0. (Council me/nb~rs Bowles and Thomas absent) EASE~LENTS-SEWEP~ AND STORM DRAINSt The City Manager submitted a written report recommending authorization to execute a deed of release for the consideration of $1.00, releasing the westerly two feet of a storm drain easement running through Lot 11, Block 6, Morningslde Heights, to Mr. and Mrs. H. E. Anderson in order for them to sell this property. (For full text, see report on file in the City Clerk's Office.) Mr. Hubard moved that the following Ordinance be placed upon its first reading: (%23516) AN ORDINANCE authorizing execution of a deed of release, releasing a portion of the City's interest in a certain storm drain easement heretofore granted to the City of Roanoke, upon certain terms and conditions. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Tauhman and Mayor Taylor .................................................................. 5. NAYS: None ................................................... 0. (Council members Bowles and Thomas absent) AIRPORT= The City Manager submitted a written report recommending that the Mayor and/or other Council members attend a March 7, 1977, meeting of the BRATSS steering Committee concerning a proposed new regional airport to advise of the city's interest in improving Roanoke Municipal Airport, Woodrum Field. {For full text, see report on file in the City Clerk's Office.} Hr. Taulxnanmoved that the report be received and flied. The motion was seconded by Hr. ~ubard and adopted. PLA~ING) The City Hanager submitted a~ritten report in connection with the Co~nnunity Development Block Grant program, Citizens Participation Plan, recomending that the report be carried over to the public hearing on Hatch 14, 1977, that additional citizen input be received at that time and that a program be adopted for 1977-78. {For full text, see report on file in the City Clerk*s Office.) Mr. Hubard moved that Council concur In the recommendation of the City Manager that the report be carried over until the public hearing on March 14th. The motion was seconded by Hr. Taubman and adopted. BUSES~ The Assistant City Attorney submitted a written report advising that pursuant to directive of the Board Of Directors of Greater Roanoke Transit Company at its meeting on February 22, 1977, he is transmitting for Council's consideration a form of Ordinance which would regulate urban ~ass transit bus service in the City of Roanoke. Mr. Bubard offered the Ordinance, and it was seconded by Hr. Grove. Hr. Ross Hart, Attorney, representing Pendleton Bus Lines, appeared before Councll and stated that the proposed Ordinance is primarily directed at his cllent, and although he has not had sufficient time to read the Ordinance in its entirety, it appears to be unjustified harrassment of Pendleton Bus Lines. Be stated that when the city established Valley Metro it was concerned about providing a coordinated transit system in the Valley and Mr. Pendleton is in 100 per cent agreement with that concept, and for years while Roanoke City Lines operated the system, there was an agreement whereby they coordinated service routes, and worked out a transfer system. In concluding, he stated that Hr. Pendleton would llke to meet with officials of Valley Metro to discuss with them a coordinated system in an effort to prevent duplication of services. The Assistant City Attorney advised that he would like to correct two misimpressions referred to by Mr. Hart. First, this is not a measure specifically directed at Pendleton Bus Lines, but was prepared under direction of the Board of Directors of Greater Roanoke Transit Company to regulate the operation of urban mass transportation in the City of Roanoke. Secondly, the city is not dealing with a franchise under this Ordinance, however, the proposed Ordinance does~i provide for issuance of a Certificate of Public Convenience and Necessity which the city has never seen fit to enact before but has Charter power to do so. After a discussion of the matter, Hr. Hubard offered a substitute motion that action on the Ordinance be deferred until the meeting of Council on Monday, March 28, 1977, in order that Mr. Hart and representatives of Pendleton Bus Lines may confer with officials of Valley Metro relative to possible coordina- tion of services. The motion was seconded byMr. Taubman and adopted. PARKS AND PLAYGROUNDS: The Director of Finance submitted a written report requesting that he be designated as "Trustee for the Mill Mountain Wildflower Garden Fund". (For full text, see report on file in the City Clerk's Office.) 289 290 ~Lr, Hubard offered the following Resolution: (t23517) A RESOLUTION designating JOEL M, SCHLA~GER as Trustee for the Mill Mountain Wlldflo~er Garden Fund! upon certain terms and conditions, (For full text of Resolution, see Resolution Book No. Hr. Hubard moved the adoption of the Resolution. The motion was seconded by Hr. Taul~nan and adopted by the follo~lnq vote: AYES: Council members Garland, Grove, Hubard, Taubman and Mayor Taylor ................................................................... 5. NAYS= None .................................................... 0. (Council members Bowles and Thomas absent) STP. EETS AND ALLEYS: The City Planning Commission submitted a written report in connection with the application of the First Baptist Church to vacate, discontinue and close all that certain alley extending in a southerly direction from Luck Avenue, S. W,, along the eastern boundaries of Lots I - 5, inclusive, Word Map, and thence in a westerly direction along the southern boundary of Lot 5, Word Map, to 3 1/2 Street, S. W., recommending that the request be granted. (For full text, see report on file in the City Clerk's Office.) Mr. Hubard moved that the City Manager be requested to advise Council if the abovedescribed property is on the tax rolls and if vacated, discontinued and closed will continue to be on the tax rolls and further that a public hearing be held on Monday, April 11, 1977. The motion was seconded by Mr. Taubman and adopted. STREETS AND ALLEYS-REGIONAL JAIL= The City Planning Commission submitted a written report in connection with a request of the City Manager to vacate, discontinue and close a segment of an existing alley in the jail-courthouse complex site, recommending that the request he granted. (For full text, see report on file in the City Clerk's office.) Mr. Hubard moved that Councll hold a public hearing on Monday, April 11, 1977, on the request. The motion was seconded by Mr. Taubman and adopted. STREET NAMES= The City Planning Commission submitted a written report recommending that a street named Quail Lane be renamed Partridge Lane. (For full text, see report on file 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. Taubman and adopted. REPORTS OF COMMITTEES: COMMITTEES: A report of the Citizens' Blue Ribbon Long-Range Planning and Goal Setting Committee, requesting permission to call on the technical expertise of the City Planning Department to prepare projections of future population and estimates of land available for future development, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that the matter be referred to the City Manager for consideration and report to Council. The motion was seconded by Mr. Hubard and adopted. SER¥ICE CENTER~ A co~ittem appointed to study bids received for a vehicle wash facility at the Public Works Service Center submitted a written report recc~r~endlng that the low base bid of Days Construction Company, Incorporate~ In the amount of $51,800.00 and Alternate No. 2 In the amount of $1,200.00 be accepted. {For full text, see report on file in the City Clerk's Office.) Hr. Grove offered the following emergency Ordinance accepting the proposal of Days Constr~ction Company, lncorporated= {[23518) AN ORDINA/~CE accepting the proposal of Days Construction Company, Inc., for construction of a vehicular wash facility at the Public Works Service Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for suehwork; 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. Hr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council me~bers Garland, Grove, Hubard, Taubman and Mayor Taylor .................................................................. S. NAYS= None .................................................. O. (Council members Bowles and Thomas absent) 1977. Of Finance to prepare the proper measure appropriating $$,000.00 to ~intenance whereupon, Mr. Nubard offered the following emergency Ordinance: Ii (%23519) AN ORDINANCE to emend and reordaln Section %1375, "Parks and II Recreataon," of the 1976-77 Appropriation Ordinance, and providing for an emergency!! (For full text of Ordinance, see Ordinance Book No. l] Hubard the Ordinance. The motion was seconded il Taylor .................................................................... 5. (Council members Bowles and Thomas absent) Ordinance appropriating $22,658.10 to Annexation under Sectien ~1850, #Miscellaneou: of the 1976-77 budget: 291 292~ (f23520) AN ORDI~CE to ~end and reordaln Section ~1850~ "Hlscellaneou~ of the 1916-77 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. Mr. Tauhman move~ the adoption of the Ordinance. The motion was seconded by Mr. Grove and lost by the following vote: AYES: Council members Grove, Hubard, Taubman and Mayor Taylor .... 4. NAYS: Council member Garland ..................................... (Council members Bowles and Thomas absent) It appearing that the Ordinance failed as an emergency measure for lack of five affirmative votes, }ir. Garland moved for a reconsideration. The motion was seconded by Mr. Taubman and adopted. Mr. Garland then moved that the following Ordinance be placed upon its first reading= (%23520) AN ORDINANCE to amend and reordain Section $1850, 'Miscellaneou of the 1976-?? Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Grove, Bubard, Taubman and Mayor Taylor .... 4. NAYS: Council member Garland ..................................... 1. (Council members Bowles and Thomas absent} TAXES: Council having directed the City Attorney to prepare the proper measure imposing and fixing the rate of tax to be paid by purchasers of certain utility services furnished in the city on and after October 1, 1977, he presented same; whereupon, Mr. Grove moved that the followlng Ordinance be placed upon its first reading: ($23521) AN ORDINANCE to amend and reordain Section 2, Amount of taxl to be paid by purchaser, of Chapter 3, Utility Service Tax of Title VI, Taxationt of The Code of the City of Roanoke (1956), as heretofore amended; imposing and fixing the rate of tax to be paid by purchasers of certain utility services furnished in the city on and after October 1, 1977. (For full text Of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Bubard and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Taubman and Mayor Taylor .................................................................... NAYS: None ..................................................... 0. (Council members Bowles and Thomas absent) MOTIONS AND MISCELLANEOUS BUSINESS: REGIONAL JAIL: The Mayor advised that the four year term of Mr. S. D. Roberts Moore as a member of the Roanoke Valley Regional Corrections Board expired on February 12, 1977, and called for nominations to fill the vacancy. Mr. Hubard placed in nomination the name of Mr. S. D. Roberts Moore. There being no further nominations, Mr. Moore was reelected as a member cf the Regional Corrections Board for a four year term ending February 12, 1981, by the following vote: FOR MR. MOOP. E~ Council members Garland~ Grove, Huberd~ Taubman and Mayor Taylor .......................................................... 5. (Council members Bowles and Thomas absent) CITISENS' TASK FORCE FOR CRIME PREVENTION AND SOCIAL DEVELOPMENT= The Mayor called to the attention of Council that there is a vacancy on the Citizens~ Task Force for Crime Prevention and Social Develo~nent created by the resignation of Hrs. Christine L. Crump for a term ending June 30, 1977, and called for nominations to fill the vacancy. Hr. Garland placed in nomination the name of Ms. Patricia Smith. There being no further nominations~ Ms. Smith was elected as a me~nber of Citizens' Task Force for Crime Prevention and Social Development to fill the unexpired term of Hrs. Christine L. Crump, resigned, ending June 30, 1977, by the following vote= FOR MS. SMITH= Council m~mbers Garland, Grove, Hubard~ Taubman and Mayor Taylor ............................................................ 5. {Council members Sowles and Thomas absent} YOUTH COMMISSION: The City Clerk reported that Mrs. Nancy H. Lawson has qualified as a member of the Youth Commission for a term of two years ending April 30, 1977. Mr. Eubard moved that the report be received and filed. The motion was seconded by Mr. Taubman and adopted. PLANNING: The City Clerk reported that Mr. J. T. Hopkins, Jr., has qualified as a member of the Fifth Planning District Commission for a term of three years ending June 30, 1978. Mr. Bubard moved that the report be received and filed. The motion was seconded by Mr. Taubman and adopted. OTHER HEARINGS OF CITIZENS: AIRPORT: The City Manager submitted a written report advising that Ordinance No. 22564 established minimum standards for fixed base operators desiring to do business at the airport, that the Ordinance also establishes application procedures and gives his office 45 days in which to review an applica- tion, obtain pertinent information and make a recommendaton to City Council, however, the Council may extend this period for an additional 45 days. The report further stated that he has received an application, via the Airport Manager, from Kosko Golf, Incorporated, to lease certain of the facilities and operate an air charter service under the Special Fixed Sase category; however, inasmuch as his office is not prepared to make a recommendation concerning the request, but 43 days of the initial time period has passed, it is requested that Council concur with the additional 45 day period provided for by Ordinance No. 22564. (For full text, see report on file in the City Clerk's Office.) Mr. Tauhman moved that Council concur in the report. The motion was seconded by}tr. Bubard and adopted. LEGISLATION-A/TNEXATION= Mr. Hubard advised of a matter in reference to Senate Bill 735 in which he would like to bring to the attention of Council, however, since this item was not included on the agenda it requires the unanimous approval of Council in order for it to be considered and he moved that Council concur in consideration of the matter at this time. The motion was seconded by Mr. Taubman and adopted. 293 29Z Hr, Hubard then offered the follo~ln9 Resolution opposinq the enactment into law of Senate Bill 735 by the General Assembly of Virginia and calling upon the Governor to veto the blllt (i23522) A P~SOLUTION opposing the enactment into law of Senate Bill 735 by the General Assembly of Virginia and callinq upon the Governor to veto this bill. (For full text of Resolution, see Resolution Book No. }ir. Nubard moved the adoption of the Resolution. The motion was seconded by ~Ir. Grove and adopted by the following vote= AYES= Council members Garland, Grove, Hubard, Taubman and Mayor Taylor .....................................................................5. NAYS= None ...................................................... 0. (Counci! members Bowles and Thomas absent) There being no further business, the Mayor declared the meeting adjourned. APPROVED COUNCIL~ REGULAR MEETING~ Monday~ ~arch 14~ 1977. The Council of the City of ~oanoke met in regular m~nting in the Council Chamber in the Municipal Building, City of Roanoke, on Monday, March 14, 1977, at 7~30 p.m., withMayor Noel C. Taylor presiding. PRESENT~ Council members Elizabeth T. Bowles, Robert A. Garland, Lucian y. Grove, William S. Hubard, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor .................................. 7. ABSENT: None ...............................0. OFFICERS PP. ESENT: Hr. Byron E. Naner, City Manager; Hr. Sam H. HcGhee, III, Assistant City Hanager; Hr. Wllburn C. Dlbling, Jr., Acting City Attorney; Hr. James E. Buchholtz, Senior Assistant City Attorney; Hr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION= Tho meeting was opened with a prayer by the Reverend Alvord M. Seardslee, Chaplain, Hollins College. HINUTES: Copy of the minutes of the regular meeting held on Monday, March 7, 1977, having been furnished each member of Council, on motion of Mr. Bubard, seconded by Mr. Grove and unanimously adopted, the reading thereof was dispensed with and the minutes were approved as recorded. ambulance service within the City of Roanoke, the matter was before the body. determine if they were satisfied with the service provided by other carriers in the city and most agreed that this service had not been adequately provided in the competition with any other carrier and requested that Council act affirmatively furnished= Yes No 1. Do you feel that Gray's Ambulet Service should be allowed to provide this service in Roanoke Valley? 165 0 2. In the service provided you in the past, was there undue delay in your initial pickup or on the return trip? 3 36 3. Was the equipment clean and sanitary for your use? 41 0 4. Was any undue stress placed on the handi- capped or disabled person in being loaded into the vehicle or on unloading? 2 39 295 296 Ye__~s 5. DO ~ou.feel thab rather than being manually lifted into the vehicle, that the use of the automatic lift is more safe and convenient and less stress on the person being trans- ported? 119 0 6. Has the operator skilled in handling the handicapped person beinq transported? 44 0 ?. Has the operator Courteous to those being transported? 44 0 8. Was the vehicle operated in a safe and cautious manner, and with regard to traffic safety rules and regulations? 40 0 9. Do you feel that the services provided by Gray's Ambulet SerViCe are already adequately provided by other carriers in the Roanoke Valley? 4 155 10. Do you feel that enough emphasis is now being placed on serving transportation needs of the disabled and handicapped in the Roanoke area? 0 (This information was tabulated out of a possible 165 responses.} Hr. James Dean, 214 Nancy Drive H. W., appeared before Council in support of the services provided by Hr. Gray, advising that he has found them to be most satisfactory. Hr. Richard Patterson, Director, Vocational Educational Center in Do~rnto~a Roanoke, spoke in support of Hr. Gray's request, advising that the request is not for an ambulance type service, but is designed as being transporta- tion for the handicapped which cannot be properly provided by the bus company or taxicab companies. No one appearing in opposition to the application, Hrs. Bowles moved that the following Ordinance be placed upon its first reading: (~23523) A~ ORDINAECE granting a certificate of public convenience and necessity to Robert A. Gray, trading as Gray's Ambulet Service, for the operation of a vehicle for the transportation of handicapped persons, pursuant to provisions of Chapter 4., Title XIX., of the Code off the City o£ Roanoke, 1955, as amended. The motion was seconded by )ir. Garland and adopted by the following vote~ AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Ha¥or Taylor ................................................. NAYS: None ................................................... 0. PLANNING-GRANTS: Council having set a public hearing for 7:30 p.m., Honday, Hatch 14, 1977, on a program of expenditure for the third year of Con,unity Development Block Grant funds, the matter was before the body. Hr. Robert N. Richert, President, Old Southwest Heighborhood Alliance, appeared before Council and expressed reservations relative to the distribution of the funds, advising that the old southwest section falls in the fifty to seventy per cent Iow or moderate income bracket, that this portion of the city has received little or no support in this program and possibly this is because residents have not spoken up for their needs in the past. He stated that the proposal to spend $20,000.00 in Highland Park is meager and the residents of old southwest feel they have been shortchanged over the past three years. Ne also made reference to a communication from the Old Southwest Neighberhood Alliance addressed to the City Manager in January transmitting a list of suggestions for application of Co~nu~ity Development Block Grant funds in old southwest. In reply, the City Manager stated that a great deal of the money has gone Into the southwest section and noted specifically Hurt Park, advising that it is felt the items contained in the program are priority items end the bulk of the money goes Into Gainsborot Deanwoed and Downtown East whlch are ongoln9 programs, noting that the Council has endorsed these items over past years and the people who ca~e to the public hearings were generally in favor of those priorities. The Assistant City Manager pointed out that the $20~000.00 recommended in the grant for Highland Park is not specifically meant to be spent in the park proper and meetings are intended to be held with representatives of the old southwest co, unity at a later date to review the co~=nunication submitted by the_~ relative to suggested items of improvement in an effort to look at the cost feasibility and determine whiuh items should be done first. The Assistant City Hanager called attention to another item for possible inclusion which is the potential acquisition of the New Hope Water Company by the city, advising Of an OUtStanding loan against the Company by the federal govern- ment in the amount of $10~000,00, and, if Council concurs~ Community Development Block Grant funds could b~ used to pay off the loan and acquire the system. He added that if it is the desire of Council to include this item in the the administration coulu come back at a future uate with an amendment to program. The Mayor requested the City Manager to look into the matter and sub, it a recommendation to Council. }ir. Grove moved the adoption of the proposed 1977-78 program Of expendi- ture for the third y~ar of Co, unity Development Block Grant funds and that the City Attorney be instructed to prepare the proper measure authorizing the City Manager to make application for the funds. The motion was seconded by Mr. Taubman and unanimously adopted. STATE HIGHWAYS-PLANNING= Council having set a public hearing for ?:30 p.m., Monday, March 14, 1977, on the Thoroughfare Plan Element - 1995 Comprehensive Development Plan, which was adopted by Resolution of the City Planning Commission on January 19, 1977, the matter was before the body. Mr. Horace Hood, Vice-President of The Times World Corporation, inquired if there will be further staff public hearings on the priorities wherein citizens may be heard in reference to engineering design, etc. He stated that he is specifically referring to the bridge over Third Street and the fact that the proposed ramp between Campbell Avenue and Salem Avenue would wipe out their parking lot and calls for taking thirty or forty feet on the end of the block and the engineering design could radically affect their plans for the future. The Assistant City Manager stated that every one of the proiects, assllming state participation in terms of funding, will have to go to a location and desigfi public hearing, that the public hearings are adequately advertised and the public will have a chance for input. No one else appearing in reference to the matter~ Mr. Thomas offered the following Resolution: 297 298 (123524) A P~SOLUTION approving and adopting a certain Thoroughfare Plan Element of the City's Comprehensive Development Plan which was adopted by Resolution of the City Planning Cu~mission on January 19, 1977, after public hearing. {For full text of Resolution, see Resolution Rook No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Rubard and adopted by the following vote~ AYESt Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and ~4ayor Taylor .................................................... NAYS= None ...................................................... PETITIONS AND CO~UNICATIONS= STREETS AND ALLEYS-HOUSING-SLUH CLEARANCE: An application from Mr. James H. Turner, Jr., Attorney, representing the City of Roanoke Redevelopment and Housing Authority, requesting that that portion of Richmond Avenue between llth and 12th Streets and that certain alleyway located between llth and 12th Streets, extending from Jackson Avenue to Richmond Avenue, be vacated, dis- continued and closed, was before Council. (For full text, see application on file in the City Clerk's Office.) Hr. Thomas offered the following Resolution appointing viewers: (%23525) A RESOLUTION providing for the appointment of five free- holoers, any three of whom may act, as viewers in connection with the applica- tion of the City of Roanoke Redevelopment and Rousing Authority to permanently vacate, discontinue and close that portion of Rich~nd Avenue bet~yeen llth Street and 12th Street and that certain alleyway located between llth and 12th Streets extending from Jackson Avenue to Richmond Avenue, as shown on City of Roanoke, Virginia Appraisal Map, Sheet NO. 121; and referring the proposal to the City Planning Commission for study and recommendation. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution, The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Rubard, Taubman, Thomas and Mayor Taylor .................................................... 7. NAYS= None ......................................................0. Mr. Thomas moved that the application be referred to the City Planning Commission for study, report and reco~endation to Council. The motion was seconded byMr. Hubard and unanimously adopted. PARKS AND pLAYGROUNDS: Mr. John R. Turbyfill, President, Roanoke Transportation Museum, Incorporated, appeared before Council in connection with transformation of the Roanoke Transportation Museum into a more viable and expanded attraction, advising that when he appeared before Council previously, he explained that his organization was working on a proposal for RTM to (1) lease the museum facilities from the city, (2) construct a new building to house an indoor museum and a scale model railroad, (3] refurbish and relandscape the museum site and (4) engage in an extensive advertising and promotion campaign for the museum, that since his first appearance before Council they have completed plans to improve the museum facilities at an estimated cost of $170,000.00 and they have received $70,000.00 in pledges of cash, materials and services and have arranged to borrow $50,000.00 each for a ten-year period fro~ the Roanoke Valley Development Corporation and the F~anoke Valley Development Foundation, thus, they have adequate financing to con~lete the project, l~r. Turbyftll stated that they are now requesting Council's approval to lease the Transportation Museum properties to RTH for a ter~ of five years, with an option for RTH to renew for an additional te~ of five years, at either no rental or a nominal rental, the ter~s of the lease ~ould pe~lt RI~ to improve the museu~ facilities in accordance with plans euhnitted to the City Hanager and subject to his approval. (For full text, see co~nunication on file in the City Clerk's Office.) In this connection, con~nunicatlons from the Roanoke Transportation Husetun Colmaittee and the Roanoke Jaycees, Incorporated, endorsing the proposal, were before Council. [For full text, see com~unications on file in the City Clerk's Office.) Hr. William Bolling, Architect, appeared before Council and presented working drawings of the proposed new building and landscaping Of the museum site. Hr. Bubard moved that the matter be referred to the City Attorney for preparation of the proper measure providing for a five year lease and a five year renewal, without consideration, between the City of Roanoke and the Roanoke Transportation Museum, Incorporated. The motion was seconded by Hr. Thomas and unanimously adopted. As previously requested by RTM, Mr. Taubman moved that the Assistant City Manager be appointed as the city representative to the Boaru of Directors of the Roanoke ~ransportation Huseum, Incorporated. The motion was seconded by Mr. Thomas and unanimously adopted. REPORTS OF OFFICERS: BUDGET-TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY-GRANTS= The City Manager submitted a written report in connection with Law Enforcement Grant No. 77-A3948, T.A.P. - Coordinated Youth Services, recommending that $2,808.00 represeni the local cash match, be decreased in the Grant Program Account for certain stated reasons. (For full text, see report on file in the City Clerk's Office.) Mr. Thomas offered the following emergency Ordinance decreasing by $2,808.00 Fees for Professional Services under section tA357458, "Coordinated Youth Services" of the 1976-77 Grant Program Account: (123526) AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................... 7. NAYS= None ......................................................0. COMMITTEES: As per a request of the Blue Ribbon Committee, the City Manager submitted a writteh report advising that the administration sees no objection in honoring a request of the Blue Ribbon Committee for technical assist- ance on population and land use from the Planning Department. (For full text, see report on file in the City Clerk's Office.) lng 299 3OO Hr. Taul~nan ~oved that Council concur in the report. The motion was seconded by Hr. Bubard aad tmanimoual¥ adopted. EQ~IpMENT~ The City Manager submitted a written report concurring in a report of the Bid Co~mittee in connection with the purchase of trucks and related equip~ent, reco~ending that the proposal of Dlckerson GHC, Incorporated, for one new 3/4 ton cab/chassis, in the amount of $5,425.95, be accepted; that the proposal of Roanoke Welding Company for one new utility body furnished and mounted on cab/chassis, in the amount of $1,100.00, be accepted; that the proposal of Dlckersor GMC, Incorporated, for one new ton, crew/cab chassis w/stoke dump body, in the amount of $?,839.98, be accepted; and that the proposal of Dominion Dodge, Ltd., for two new eight passenger window vans one with air conditioning and tinted glass and one without air conditioning and tinted glass, in the amount of $11,067.6~ be accepted. (For full text, See report on file in the City Clerk's Office.) }tr. Garland offered the following emergency Ordinance accepting the proposals of Dickerson GMC, Incorporated, Roanoke Welding Company and Dominion Dodge, Ltd.: (~23527) AN ORDINANCE providing for the purchase of certain vehicular equipment for use by the city, upon certain terms and conditions, by accepting certain bids made to the city for furnishing and delivering said vehicular equipment; providing for the issuance of requisite purchase orders for such equipment; rejecting certain bids made to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded! by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Bubard, Taubman, Thomas and Mayor Taylor ...........................................................6. NAYS: None ...................................................... 0. (Mr. Grove not voting) EQUIPMENT: The City Manager submitted a written report concurring in a report of the Bid Committee recommending that the bid of Carter Machinery Corporation, for one new rubber tired motor grader for the sum of $52,621.00, be accepted, under the total cost bid concept. (For full text, see reports on file in the City Clerk's Office.) Mr. Euhard offered the following emergency Ordinance accepting the proposal of Carter Machinery Corporation: (%23528) AN ORDINANCE accepting a proposal for furnishing and delivering one new motor grader, upon certain terms and conditions by accepting a certain bid made to the city therefor; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taub~an and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..................................................7. NAYS: None .................................................... 0. TAXES~ The Director of Finance su~ltted a written re~ort transmitting tax compendium with a ten year history of collections and a brief explanation of types of revenues available to the city. (For full teat, see report on file in the City Clerk's Office.) Mr. Hubard moved that the report he received and filed with gratitude. The motion was seeond~ by Mr. Taul~an and unanimously adopted. REPORTS OF COMMITTSBS~ WATER DEPART~NT= Mr. Thomas, Chairman of the Water Resources su~ltted a written report of the Comittee in connection with the lease and disposition of certain properties acquired for the Back Creek project, transmittin four certain reco~mendations in connection therewith. (For full text, see report on file in the City Clerk's Office.) Mr. Thomas moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Taub~an and unanimously adopted. UNFINISHED BUSINESS= NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEWERS AND STORM DRAINS-EASEMENTS: Ordinance No. 23516 authorizing execution of a deed of release, releasing a portion of the city's interest in a certain storm drain easement running through Lot 11, Block 6, Morningside Heights, heretofore 9ranted to the Cit~ of Koanok~, upon certain ter~s anu conui=~ons, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Grove offering the following for its second reading and final adoption: {%23516) AN ORDINANCE authorizing execution of a deed of release, releasing a portion of the City's interest in a water line easement heretofore granted to the City of Roanoke, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Huhard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove~ Nubard, Taubman, Thomas and Mayor Taylor .................................................. NAYS: None .................................................... 0. BUDGET-ANNEXATION: Ordinance NO. 23520 appropriating $22,658.10 to Annexation under Section %1850, "Miscellaneous," of the 1976-77 budget, having previously been before Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Hubard offering the following for its second reading and final adoption: (~23520) AN ORDINANCE to amend and reordain Section %1850, "Miscellan- eous," of the 1976-77 Appropriation Ordinance. (For full text of Ordinance, see Ordinance Book No. Mr. Bubard moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: 301 302 AYES~ Council members Bowles; Grove; Hubard~ Taubman; Thomas and Mayor Taylor ............................................................... NAYSz Council member Garland .................................... TAXESz Ordinance No. 2352! imposing and fixing the rate of tax to be paid by purchasers of certain utility services furnished in the city on and after October l~ 1977; having previously been before the Council for its first reading; read and adopted on its first reading and laid over, was again before the body, }tr. Grove offering the following for its second reading and final adoptions (%23521) AN ORDINANCE to amend and reordain Section 2, Amount of taxl to be paid by purchaser, of Chapter 3; Utility Service Tax~ of Title VI~ Taxation, of The Cods of the City of Roanoke (1956), as heretofore amended~ i~posing and fixing the rate of tax to be paid by purchasers of certain utility services furnished in the city on and after O~tober lm 1977. (For full text of Ordinancet see Ordinance Book NO. Mr. Grove moved the adoption Of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES: Council members Bowles, Garlandm Grove, Hubard, Taubman~ Thomas and Mayor Taylor ................................................... 7. NAYS: None .....................................................0. WATER DEPARTMENT-EASEHENTS: Council having directed the City Attorney to prepare the proper measure authorizing execution Of a deed Of release~ releasing a portion of the city's interest in a water line easement heretofore granted to the City of Roanoke, upon certain terms and conditions, on Wertz Avenue, ~. E., as per a request of The Industrial Development Authority Of the City of Roanoke, he presented same~ whereupon, Mr. Nubard moved that the follow- ing Ordinance be placed upon its first reading: (%23529) AN ORDINANCE authorizing execution Of a deed of release, releas- Lng a portion of the City's interest in a water llne easement heretofore granted to the City Of Roanoke, upon certain terms and conditions. The motion was seconded by Mr. Taubman and adopted by the following Vote: AYES= Councll members Bowles, Garland, Grove, Rubard, Taubman, Thomas and Mayor Taylor ................................................... NAYS= None .....................................................0. STP~ET NAMES: Council having directed the City Attorney to prepare the proper measure changing the name of a certain street within the corporate limits of the City of Roanoke in the Arrow Wood Country Club area to Partridge Lane in order to provide a unified street name system, he presented same~ whereupon Mr. Taubman moved that the following Ordinance be placed upon its first reading= (%23530) AN ORDINANCE changing the name of a certain street within the corporate limlts of the City of Roanoke in the Arrow Wood Country Club area in order to provide a unified street name system. (For full text of Ordinance, see Ordinance Book NO. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES= Council m~mbers Bowles, Garland~ Grove, Bubardt Taubman, Thomas and Mayor Taylor ................................................... NAYS= None .....................................................0. CELE~RATIO~S-J~ENI~ DETE~ION ~0~ Council hav~n9 dlrect~ the City Attorney to p~epare the proper measure approving ~d c~endinq the ac2~v~- 21es of Sing ~2 Roanoke Valley and encouraging a ~rfo~nc~ by th~s organiza- ~ion at ~he Roanoke Juvenile Detention Home~ he p~esent~ s~e~ ~hereu~n, ~s, ~les oEfer~ the following Resoluhion~ (~23531) A ~SO~TION approving and co--ending th~ activities of Sing ~t Roanoke Valley and encouraging a perfo~nce by this org~zat~on at the Roanoke Juvenile Detention Home. (For full t~xt of Resolution, see Resolution B~k No. Hrs. Bowles mov~ the a~opt~on of the Resolution. The ~on was second~ by Hr. Hubard an~ ado~t~ by the following Thomas and Mayor Taylor .................................................. NAYS: None .................................................... 0. ~ RO~OKE: Council having d~rect~ the C~ty Attorney to the proper measure expressing the Council's appreciation to the Patrick Henry D~str~butive ~ucat~on Clubs of ~er~ca for their preparation of a Marketing Survey of Customer Shopping ~ab~ts W~th Regard to ~wntown Roanoke~ he presented s~e~ whereu~n~ ~. Hubard offered the fo~]owing Resolution: (%23532) A ~SOLUT~ON expressing the Council's appreciation to the Pakr$ck Henry Distributive Education Club of ~erica for their preparation of a ~rk=ti,,~ Surv=~ of Customer Sho~l~9 ~abits w~th re~ard to do~tow~ Roanoke. (For full text of Resolut$on, see Resolution Book No. Mr. Hubard mov~ the adoption of the Resolution. The~tion was seconded bye. Taubman and adopted by the following vote= and Mayor Taylor ................................................. MOTIONS ~D H~SCEL~EOUS BUSINESS= COUNCIL-SCH~LS: The Mayor presented a co~unication re~esting that Council meet as a Co~ittee of the Whole on Monday, ~rch 21, 19~7, at p.m., with the City ~nager, representatives of V~rginla Polytechnic Institute and State University, Office of Educatlonal Services, Council ap~intees, Const~tu-~ t~onal officers, representatives from the Roanoke C~ty Schools administrat$on and representatives of the C~tizens~ ~ng-~nge Planning and ~al Setting to receive a re~rt on the info,at,on gathered from the cSty ~ployees ~st~on- nantes and the Roanoke C~ty Schools ~est~onna~res and to provide an o~rtun~ty for discussion regarding facts receSv~. (For full t~xt, see co~cation on f~le ~n the CSty Clerk's Off~ce.) Hr. Taubman moved that Counci~ concur in the re~st. The motion was seconded by Hr. Thomas and unanimously adopted. CO~CIL: Mr. Tau~an moved that Counci~ meet ~n Exe~tive Session to discuss a real estate matter. The motion was second~ bye. Hubard and adopted by the followSng vote= 303 3O4 AYESt Council members Bowies, Garland, Grove, Hubard, Taub~an, Thomas and Mayor Taylor ................................................. NAYS= None ...................................................0. COUNCIL= Mr. Thomas moved that Council meet in Executive Session to discuss a rna! estate matter. The motion was seconded by Mr. Eubard and adopted by the following vote= AYES= Council members Bowles, Garland~ Grove, Eubard, Taubman, Thomas and Mayor Taylor ................................................. ?. NAYS= None ...................................................0. pERSONNEL: The City Clerk re~orted that Messrs. Bruce A. Beam~ Frederick L. Bulbln an~ William E. Burroughs have qualif~ed for terms ending June 30, lg??; Mrs. Bernice D. Cheatham, Messrs. Acree Hayes and Jl~mie E. Layman have qualified for terms ending June 30~ 1978; and Hrs. Jayne Thomas, Messrs. Walter L. Wheato~ and Allen T. Nelms, Jr., have q~alif~ed for tel~ns ending June 30, lg?9~ as members of the Personnel and Employment Practices commission. Mr. Hubard moved that the report be received and filed. The motion was seconded by Hr. Taubman and unanimously adopted. OTHER BEARINGS OF CITIZENS= BUILDINGS-COMPLAINTS: Mr. Robert N. R~chert, President, Old Southwest Neighborhood Alliance, appeared before Council and complained about an unsafe dwelling at 380 Albemarle Avenue, S. W. Hr. Taubman moved that the matter be referred to the C~ty Manager to ascertain ~f the dwelling is in hazardous condition. Th~ motion was seconded by Mr. Hubard and unanimously adopted. COMPLAINTS-ZONING-pLANNING= Mr. Robert N. Richert, President, Old Southwest Neighborhood Alliance, appeared before Council and registered a protest that public ~earings of the City Planning Commission and the Board Of Zoning Appeals are held in the affternoons on weekdays and this poses an ~nconvenience to citizens who would l~ke to attend the hearings but cannot do so because of their work schedules. Mr. Hubard moved that Hr. ~ichert~s concern be entered ~nto the official records of the Council and that the Board of Zoning Appeals and the C~ty Plenning Conuuission be ~nformed of his concern. The motion was seconded by Mr. Taubman and unanimously adopted. There being no further business, the Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED COUNCIL, REGULAR MEETING, Monday, March 28, 19'/7. The Council of the City of Roanoke met In regular meeting In the Council Chamber in the Municipal Building, City of Roanoke, on Monday, March 28, 1977, at 2 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding. PRESENT= Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Taubman, Hampton W. Thomas and Hayor Noel C. Taylor ................................................ ABSENT: None .................................................0. OFFICERS PP~SENT: Mr. Byron E. Haner, City Hanager; Mr. Sam H. McGhee, III, Assistant City Manager; Mr. Wtlburn C. Dfbling, Jr., Acting City Attorney; Mr. James R. Buchholtz, Senior Assistant City Attorney; Mr. doel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION: The meeting was opened with a prayer by Father Michael S. Schmied, Saint Gerard's Roman Catholic Church. MINUTES= Copy of the minutes of the regular meeting held on Monday, March 14, 1977, having been furnished each mer0ber of Council, on motion of Hr. Grove, seconded by Mr. Taub~an and unanimously adopted, the reading thereof was dispensed with and the minutes were approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: b~X~I~u PO~S= Council having previously requested that the City Hanager confer with Opportunities Industrialization Center, Total Action Against Poverty in Roanoke Valley, and the Roanoke Neighborhood Alliance relative to Operation of the new swi~=aing pools in Washington Park and Fallon Park and more specifically in relation to admission charges, operation, and use of CETA personneli! where possible, the matter was before the body. Hr. Dennis Montgomery, Executive Director, Roanoke Neighborhood Alliance, Incorporated, appeared before Council and advised that the concerns of TAP. OIC and RNA can be grouped into three major categories: (1) operation of the concessions in all of the pools, (2) Eurt Park pool, and (3) hiring practices to be employed at all of the pools. In regard to the concessions, he stated it is the reco=endatlon of RNA, TAP and OIC that the city operate them, advising of the advantages in employment practices whereby the city, in maintaining control over the concessions, could control the employment of personnel and, in So doing, give preference to persons in the areas where the pools are located and this would enhance the overall employment picture. He added that by using CETA personnel the city can reduce the overhead generated from the operation of the concessions, creating higher profits, and, in turn, creating a substantial amount of money that could be turned into defraying the cost of the operation of the swimming pools, or the money could be used for the operation and maintenance of the Eurt Park pool. Ms. Jayne Thomas, Director, Youth Programs, Total Action Against Poverty, Incorporated, appeared before Council and read a prepared statement stressing the following three points in reference to the Hurt Park pool: 3O5 306 To examine all of your alternatives for defraying some of the cost o£ operating Hurt Park Pool before you make a final decision. (2} To asstuae the operation of Hurt Park Pool for one more year in order to provide the co=munity with ample time for developing an alternative fiscal strategy, and (3) Hot to demolish the pool regardless of your operational decision, but wait until next summer to make a final disposition of the Hurt Park facility.' (For full text, see statement on file In the City Clerk's Office.) A discussion was held in reference to padlo~king the Hurt Park pool wherein the city ~anager stated that he could foresee no problems in doing this. The Council discussed whether or not the city is legally required to put the operation of concessions out for competitive bidding; whereupon, the City Hanager called attention to Title 5, Chapter 1, Section 5, of the City COde which provides for public advertisement and competitive bidding. He recommended against the city operating the concessions because it has no way of writing off losses. Mr. George E. Franklin, Executive Director, OppOrtunities Industriali- zation Center of Roanoke Valley, appeared before Council and read a prepared statement requesting that Council incorporate, as a matter of policy, the standards for employing persons to operate all aspects of the Municipal Swhr~ing Pools; that the policy be applicable to any sub-contractor and/or bidders who may operate in pa~t and/or in whole and suggesting that the standards address as minimum levels the following: '1. First Year - No less than 50% of all salaries and wages for each pool be assigned to residents of the immediate pool area and/or that section in the neighborhoOd usually assigned and/or occupied by the 'discouraged workers'. Second Year - 75% to residents of site areas and 25% open. Third year - Based on assessment of effectiveness. 2. That the city establish a time and place within these neighborhoods for issuing and receiving applications; and that a similar neighborhood site be available and used to interview these persons; that the interviewer be familiar with the uniquenesses of these interviewees." {For full text, see statement on file in the City Clerk's Office.} After a discussion of the report wherein the City Manager advised that he will try to utilize CETA personnel as much as possible in the operation of the pools, and he urged that Council not tie his hands, hut decide on policy matters and allow him to be the administrator of those decisions, Mr. Thomas moved that Council concur in the City Manager's report, that the City Manager be instructed to secure, for safety purposes, the Hurt Park pool until such time as he further advises the Council in reference to disposition of same and further that the City Manager be advised the Council looks with favor upon the hiring of individuals from the neighborhoods wherein the pools are to be located. The motion was seconded by Mr. Taubman and unanimously adopted. Discussion was held in reference to hours of operation wherein Mrs. Bowles expressed concern over the l0 p.m., closing hour on certain nights. She made reference to the 10 p.m. curfew stating that the administration originally suggested 12 - 8 as the hours of operation and if these hours are established, then she fears a problem will be created for beth the city and young people as well. It was agreed that ln working out the final hours and scheduling, further consideration will be given to the matter by the Clty Nanager In conjunctio with TAP, OIC, and P~A. The Reverend Leroy C. Roberts spoke in reference to the 10 p.m. closing hour, advising that no one wants to perpetuate ~uvenile delinquency, that it does not go by written Ordinance but by cultural patterns of living according to the way people live in a certain area, that in his neighborhood the parents think nothing about letting their children out at l0 p.m., that the cultural patterns for northwest are not the same as those for southwest, that the curfew is not enforced in the city and many parents do not know there is a curfew. Mr. Hubard moved that the statements of Mr. Montgomery, Mr. Franklin and Ms. Thomas be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. OPPORTUNITIES INDUSTRIALIZATION CENTER: Mr. George E. Franklin, Executive Director, Opportunities Industrialization Center, appeared before Council and presented a statement in reference to the city's recent obtainment of "Agency Status' and the effect this will have on employment of the disadvanta- ged who are unemployed. (For full text, see statement on file in the City Clerk's Office.) Mr. Franklin did not elaborate on his statement, advising that since i; it was written, he has discovered the city is doing basically what he is requesting and if the City Manager has questions, he can contact him. Mr. Hubard moved that Mr. Franklin's statement be received and filed. The motion was seconded by Mr. Tau~an and unanimously adopted. PETITIONS AND COMMUNICATIONS: AIRPORT: A communication from Mr. Ray C. Dobbins, President, Ray Dobbins Lincoln-Mercury, Incorporated, in connection with his request to rent the lease-space in the front lobby of the Terminal Building, and the possibility of establishing a rental car operation at Roanoke Municipal Airport, Woodrum Field, was before Council. (For full text, see corm~unication on file in the City Clerk's Office.) Mr. Dobbins appeared before Council in support of his request. Mr. Hubard moved that the communication be referred to the Airport Advisory Commission for study, report and recommendation to Council as soon as possible. The motion was seconded by Mr. Thomas and unanimously adopted. RADIO-TELEVISION: A conTnunlcatlon from Mr. E. K. Mattern, Executive Vice President, Roanoke Valley Cablevision, Incorporated, submitting a Quarterly Progress Report covering construction of the Roanoke Valley Cablevision system, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Garland moved that the communication be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. TRAINS= A coml~unication from the State Corporation Commission in connection with the proposed termination of the Norfolk-Cincinnati passenger train "The Mountaineer", advising that the Secretary of Transportation proposes to issue his decision of whether to terminate this train or include it as a part 307 30'8. of the basic system on or after April 25, 19'??, and all interested parsons are invited to sulxnlt written data, views, arguments or other cc~nent to the Docket Clerk, D~part~ent of ?ranspor~tion, before April 7, 1977, was before Co~nCllo (For full text, see co~nunicatlon on file in the City Clerk's Office.) Mr. Hubard moved that the cc~unieation be received and filed. The motion was seconded by Hr. Taubman and unanimously adopted. In this connection, copy Of a co~unication from Hr. Richard L. Bramer transmitting copy of a petition addressed to the Honorable M. Caldwell Butler requestinq that something be done to keep the AHT~K Train 'Hountaineer~ operating, ~as also before Council. (For full text, see co~unicatton and petition on file in the City Clerk's office.) Mr. Taubman moved that the comuunication and petition be received and filed. The motion was seconded by Hr. Garland and unanimously adopted. AIRPORT~ A comunication from Hr. ~. P. Pattsel, P~ Agent~ Appalachian Power Company, tran~itting an indenture relative to the underground electric service to be provided by Appalachian Power Co~pany for a ~edlum Intensity Approach Light System with Runway Alignment Lights to serve Runway 5 at Roanoke Municipal Airport, Woodrum Field, was before Council. (For full text, see communication on file in the City Clerk's Office.) In this connection, the City M~nager submitted a written report recom- mending that Council concur in the communication subject to the form of inu~nturu being approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that the following Ordinance be placed upon its first reading: (%23533} AN ORDINANCE authorizing and directing the proper City officials to execute and deliver a certain deed of easement to the Appalachian Power Company. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .....................................................7. NAYS: None ....................................................... 0. Mr. Taubman moved that the report of the City ~nager be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. REPORTS OF OFFICERS: REGIONAL JAIL: The City Manager submitted a written report inquiring whether or not Council desires to review the finalized plans for the new jail facility prior to bidding, or if the architect should proceed to solicit bids at the earliest practical date without further review. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that the final plans, when completed, be presented to Council for review and approval prior to bidding. The motion was seconded by Mrs. Bowles and unanimously adopted. Mr. Hubard called attention to a Resolution he requested the City Attorney to prepare in reference to the offer extended by the City to the County to join in the jail construction, advising that this Resolution would rescind that offer, He stated that according to the City Clerk no formal response has been received by the City from the County to that offer and, assuming news media reports are accurate~ the Roanoke County Board of Supervisors declined the C~ty~s offer last week~ however, it would be premature at this t/me to pass the measure prior to written response from the County, but he would like to offer the Resolution and then move that it be tabled pending receipt of formal response. Mr. Nubard then read the Resolution in its entirety. (For full text, see Resolution on file in the City Clerkes Office.) Mr. Hubard moved that action on the Resolution he tabled until a formal response has been received from Roanoke County. The motion was seconded by Mr. Taubman and unanimously adopted. BUDGET-COMPREHENSIVE EMPLOYMENT AND T~AINING ACT: The City Manager submitted a written report recom~ending that $149,976.00 be appropriated to CETA Administration under the Grant Program Account~ representing the increased amount authorized for Grant No. 51-7-204-21. (For full text, see report on file in the city Clerk's Office.) Mr. Thomas offered the following emergency Ordinance appropriating $149,976.00 to Unobligated Funds Title I! under "CETA Administration", of the 1976-?? Grant Program Account: (t23534) AN ORDINANCE to amend and reordaln the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. ~. Thomas moved the adoption of the Ordinance. The motion was seconded by }~. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Buhard, Taubman, Thomas and Mayor Taylor .................................................... NAYS: None ...................................................... 0. AIRPORT: The City Manager submitted a written report requesting authorization to execute an amendment to the agreement with Piedmont Aviation, Incorporated, for the new fixed base facility at Roanoke Municipal Airport, Woodrum Field, in order to provide for an increased amount of footage in parcel 2 of Lease Area "A". (For full text, see report on file in the City Clerk's Office.) Mr. Grove moved that the following Ordinance be placed upon its first reading: (#23535) AN ORDINANCE authorizing the execution of an amendment to the Amendment to the Agreement of Lease dated January 5, 1976, between the City of Roanoke and Piedmont Aviation, Inc., heretofore authorized by Ordinance No. 22641, dated January 5, 1976, upon certain terms and conditions. The motion was seconded by Mr. Hubard and adopted by the followlng vote: AYES: Council members Bowles, Garland, Grove~ Hubard, Taubman, Thomas and Mayor Taylor ....................................................7. NAYS: None ...................................................... 0. 3~0:. STREETS AND~LLEYSs Pursuant to question raised by the Council, the City Hanager submitted a written re~ort advising of the tax status of an alley requested by the First Baptist Church to be closed, extending in a southerly direction from Luck Avenue, S. W., along the eastern boundaries of ~ots I - 5, inclusive, Word Hap, and thence in a westerly direction along the southern boundary of L~t 5, Word Hap, advising that the alley in question is presently right of way end is therefore not taxable and if the alley were vacated, dis- continued and closed, the right of way would be so divided such that the alley would be split lengthwise and ~ould revert to the adjoining parcels of land with the resulting tax status being that the portion of the alley running north and south ~ould be one hslf taxable {west side) and one half tax exempt (east side), and the portion of the alley running east and west ~ould be completely taxable. The report further noted that the determination of the tax status iS the responsibility of the Commissioner of Revenue based on present use or in some cases, intended use. (For full text, see report on file in the City Clerk's Office.) Hr. Grove moved that the report be received and filed. The motion was seconded by Mr. Taub~an and unanimously adopted. EASEMENTS-HOUSING-SLUM CLEARANCE: The City Manager submitted a written report reco~ending authorization to execute a deed of release covering certain easements in the Gainsboro Neighborhood Development Program requested by the City of Roanoke Redevelopment and Rousing Authority to be released. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that the followlng Ordinance be placed upon its first reading: {%23536) AN ORDINANCE authorizing execution of a deed of release, releasing a portion Of the City's interest in certain storm drain and sanitary sewer easements heretofore abandoned by the City of Roanoke, upon certain terms and conditions. The motion was seconded by Hrs. Bowles and adopted by the following AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..................................................... NAYS: None ....................................................... CITY PROPERTY: The City Manager submitted a written report recommending that the lease of Mr. James B. Ballard for twelve acres of farm- land at Coyner Springs be renewed for an additional three year period under the same terms and conditions as the previous lease, excepting that approximate- ly 0.5 acres are to be excluded beginning April 20, 1977. (For full text, see report on file in the City Clerk's Office.) Mr. Garland moved that the following Ordinance be placed upon its first reading: (t23537) AN ORDINANCE providing for the lease of certain City farmland located at Coyner Springs, in Botetourt County, upon certain terms and conditions. The motion was seconded by Hr. Hubard and adopted by the following vote~ AYESI Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. NAYS= None ....................................................0. BUILDING DEPANTMENTI The City Manager submitted a written report proposing that a time limit of ten working hours be established to permit the Building Commlssioner~s Department adequate time to complete a plumbing inspection after receipt of notification. (For full text, see report on file in the City Clerk's Office.) Mr. Grove moved that the following Ordinance be placed upon its first reading= (t23538) AN O~DINANCE amending Section 2, Amendments, of Chapter 3.2, BOCA Basic Plumbing Code, of Title XV, Construction, etc., Of the Code of the City Of Roanoke {1956), as heretofore amended, by adding a new section numbered P-114.3, Inspections, to the Basic Plumbing Code, as adopted by reference. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. NAYS= None .................................................... 0. CITY EMPLOYEES: The City Manager submitted a written report recom- mending authorization for the administration to screen offers of discount tickets or discounts toward purchases by city employees, in order to determine which proposals would be of benefit and to reject those that would not be in the best interest of all city employees. (For full text, see report on file in the City Clerk's Office.) Mr. Thomas moved that the report be received and filed with the under- standing that it is within the prerogative of the City Manager to determine matters of this nature. The motion was seconded by Mr. Hubard and unanimously adopted. POLICE DEPARTMENT: The City Manager submitted a written report advising of the scope of effort expended on behalf of the citizens by the Auxiliary Police during the recent year. (For full text, see report on file in the City Clerk's Office.) Mr. Hubard moved that the matter be referred to the City Attorney for preparation of the proper measure of commendation. The motion was seconded by Mr. Garland and unanimously adopted. INTEGRATION-SEGREGATION-CITY EMPLOYBES-GP~%NTS: The City Manager submitted a written report requesting that the members of Council attend an April 21st Equal Employment Training Program to be held from 9 a.m., to 4:30 p.m., in the Clvil Defense Room in the Municipal Building. {For full text, see report on file in the City Clerk's Office.) Mr. Garland moved that the report be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. 3'12 BUDGET: The City Haneger and the Director of Finance sulmitted a proposed schedule of budget study activities. (For full text, see report on file in the City Clerk's Office.) Hr. Hubard ~oved that the report be received and concurred in. The motion was seconded by Hr. Taubman and unanimously adopted. BUDGET-PUBLIC WELFARE= The Director of Finance submitted a statement of expenditures for public welfare for the month ended February 28, 1977. {For full text, see statement on file in the City Clerk's Office.) Hr. Thomas moved that the statement be received and filed. The motion was seconded by Hr. Hubard and unanimously adopted. LEGISLATION-ZONING-SUBDIVISIONS= The City planning Co~unission submitted a written report requesting that Council adopt a Resolution requesting the Governor to veto House Bill No. 1845 relating to definition of words used in regulating use of land. (For full text, see report on file in the City Clerk's Office.) Mr. Thomas moved that Council concur in the report and that it be referred to the City Attorney for preparation of the proper measure. The City Attorney informed the Council Of a Constitutional requirement that bills must be signed by the Governor within thirty days from the closing date of the General Assembly session, which in this case will be April 4th, and such a measure could not be adopted by the Council and transmitted to the Governor in sufficient time because the Council will not meet again until April 4, 1977. Based On the remarks of the City Attorney, Mr. Thomas moved that the Council concur in the report of the City Plannlng Commission and that the Mayor be requested to send a telegram to the Honorable Mills E. Godwin, Jr., expressing the sentiments of the Council. The motion was seconded by Mr. Taubman and unanimously adopted. REPORTS OF COY~HITTEES= AUDIT COMMITTEE: Minutes of the meeting of the Audit Committee on March 21, 1977, were before the Council. (For full text, see minutes on file in the City Clerk's Office.) Mr. Hubard moved that the minutes be received and filed. The motion was seconded by Mr. Garland and unanimously adopted. TRAFFIC-ANNUAL REPORTS: The annual report of the Roanoke Highway Safety Commission for the year 1976, was before Council. (For full text, see report on file in the city Clerk's Office.) Mr. Taubman moved that the report be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. CITY ATTORNEY: Council having elected Mr. Wilburn C. Dibling, Jr., as Acting City Attorney, effective February 1, 1977, Mr. Hubard placed in nomination the na~e of Mr. Wilburn C. Dibling, Jr., as City Attorney for the City of Roanoke for a term ending September 30, 1978. There being no further nominations, Mr. Dibling was elected as City Attorney of the City of Roanoke for a term ending September 30, 1978, by the following vote: FOR HR. DIBLINGs Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ....................................... ?. ANNEXATIONs As previously requested by the Council, the Director of Finance, the City Manager and the City Attorney submitted a written report in connection with consideration of consolidation with the City of Salem. (For full text, see report on file la the City Clerk's Office.) Mr. Bubard moved that the City Attorney be instructed to prepare a straightforward Resolution to be addressed to the Council of the City of Salem requesting that it meet with appropriate representatives of the City of Roanoke to discuss the possibility of a merger of the t~o cities at some future date. The motion was seconded by Mr. Taubman a~d unanimously adopted. REVENUE SHARING-HUHAN RESOURCES COt~4ITTEE= The Director of Finance, the City Attorney and the Municipal Auditor submitted a written report transmittlngii proposed procedures to be followed for establishing applicant eligibility and accountability for public funds appropriated by the Council to non-governmental agencies, institutions and organizations. (For full text, see report on file in the City Clerk's Office.] Mr. Thomas moved that the report be referred to the Audit Committee for study, report and recommendation to Council. The motion was seconded by Mr. Taubman and unanimously adopted. UNFINISHED BUSINESS: BUSES: Council having previously deferred action on a proposed Ordinancel that would regulate urban mass transit bus service in the City of Roanoke in order that there might he discussions between representatives of Pendleton Pus Lines and Valley Metro relative to possible coordination of service, the matter was before the body. Mr. Ross Bart, Attorney, representing Pendleton Bus Lines, read a prepared statement advising that the biggest problem with the Ordinance is an irreconcilable conflict of interest in that applications for Certificate of Public Convenience and Necessity must be made to the City Manager who makes recommendation to City Council, that while it is assumed the members of Council and the City Manager have the best intentions of fair play, one cannot escape the fact that the Council is also the Board of Directors of Valley Metro and the city Manager is the Vice President of Operations of Valley Metro and the people will see this as Valley Metro writing the rules of Pendleton Bus Lines. He requested that Council vote against the proposed Ordinance because of the conflict of interest and because it is an overkill. He stressed that any problems can be resolved at a bargaining table. (For full text, see statement on file in the City Clerk's Office.] The City Attorney gave a detailed description of the intent of the Ordinance after which time Mr. Thomas expresse~ the opinion that the Ordinance is being widely misconstrued and the best course of action is to take it under advisement until the Pendleton matter has been resolved. Mr. John F. Sweeney, General Manager, Valley Metro, appeared before Council and read a prepared statement advising of a meeting with Mr. Pendleton and his representative on March 23, 1977, wherein they agreed in principal to an exchange of transfers that would allow both Pendleton and Valley Metro passengers 3:1.3 to utilize the existing systeas at a lower fare. He urged the adoption of the Ordinance, statln9 that it would have no adverse effects on passengers, Pendleton Bus Lines, Valley Metro or other localities. He advised that the Ordinance does not regulate transit, it only provides a mechanism allowing City Council to review routes and schedules of all urban transit operations in order to make a rational decision on the coordination of services within the Roanoke City corporate limits. (For full text, see statement on file In the City Clerk's Office.) ~r. L. L. Kartln appeared before Council and stated that he operates a charter bus service in conjunction with Pendleton Bus Lines, advising that he views the proposed Ordinance as an intent to regulate Mr. Pendleton's business since he will be required to have a large amount of insurance and this in the long-run will price him out of business. He stated that Nr. Pendleton has served the community for 25 years without problems and in the interest of the people Mr. Pendleton serves, he urged that Council not adopt the Ordinance as presented. Mr. Thomas moved that the proposed Ordinance be taken under advisement until such time as the administration has had an opportunity to further discuss the matter with representatives of Pendleton Bus Lines and Valley Metro, hold public hearings relative thereto, and report back to Council accordingly. The motion was seconded by Mr. Garland. Mr. Taubman offered a substitute motion that the proposed Ordinance be amended to delete the emergency clause and to provide that it take effect on or after July 1, 1977. The motion was seconded by Mr, Hubard and adopted by the following vote= AYES= Council members Bowles, Grove, Hubard, Taubman and Mayor Taylor ..................................................................... 5. NAYS: Council members Garland and Thomas ........................2. Mr. Taubman then moved that the following Ordinance as amended be placed upon its first reading= (%23539) AN ORDINANCE to amend and reordain Title XIX. Transporta- tion, of The Code of the City of Roanoke, 1956, as amended, by the addition of a new chapter relating to urban mass transit buses, to be numbered chapter (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Grove, Hubard, Taubman and Mayor Taylor .................................................................... NAYS: Councll members Garland and Thomas .......................2. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS= AMBULANCES: Ordinance NO. 23523 granting a certificate of public convenience and necessity to Robert A. Gray, trading as Gray's Ambulet Service, for the operation of a vehicle for the transportation of handicapped persons, pursuant to provisions of Chapter 4, Title XlX, of The Code of the City cf Roanoke, 1956, as amended, having previously been before the Council for its first reading, read and adopted on its first reading and lald over, was again before the body, Mr. Garland offering the following for its second reading and final adoption* (S23523) AN ORDINANCE granting a certificate of public convenience and necessity to Robert A. Gray, trading as Gray's Ambulet Service, for the operation of a vehicle for the transportation of handicapped persons, pursuant to provisions of Chapter 4., Title XIX., of The Code of the City of Roanoke, 1956, as amended. (For full text of Ordinance, see ordinance Book No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYESz Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. 7. NAYS* None ...................................................0. Mr. Bubard referred to a communication from Councilman C. E. =Sonny= Tarpley, dr., transmitting copy of a Resolution which he intends to propose to offer to Salem City Council on March 28, 1977, respectfully requesting the City of Roanoke, in the spirit Of cooperation, not to impose such regulations as would adversely affect or hinder the orderly inter-city transportation of any valley citizens. Hr. Hubard stated that he concurs with Mr. Tarpley and the passage of this Ordinance will enhance orderly transportation. {For full text, see conraunication on file in the City Clerk's Office.} Mr. Hubard moved that the communication be received and filed. The motlon ~as seconded hy Mr. Taubman and unanimously adopted. EASEMENTS-WATER DEPARTMENT: Ordinance No. 23529 authorizing execution of a deed of release, releasing a portion of the city's interest in a water line easement heretofore granted to the city by Johnson Carper Furniture Corporation, running through property fronting on Wertz Avenue, N. E., having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Grove offering the following for its second reading and final adoption: {%23529) AN ORDINANCE authorizing execution Of a deed of release, releasing a portion of the City's interest in a water line easement heretofore granted to the City of Roanoke, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Buhard, Tauhman, Thomas and Mayor Taylor .................................................. NAYS: None .................................................... 0. STREET NAMES: Ordinance No. 23530 changing the name of a certain street within the corporate limits of the City of Roanoke in the Arrow Wood Country Club area from Quail Lane to Partridge Lane in order to provide a unified street name system, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: 3.1.5 316 (123530) AN ORDINANCE changing the na~e of a certain street within the corporate limits of the City of P~anoke in the ArrOW WoOd Country Club area in order to provide e unified street name system. (For full text of Ordinance, see ordinance Book No. Hrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Hr. Nubard and adopted by the following votes AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................ ?- NAYS~ None ..................................................O. CIVIC CENTERs Council having directed the City Attorney to prepare the proper measure amending the City Code relating to the duties of the Manager of the Civic Center Department and as to certain check cashing procedures, he presented same; whereupon, Mr. Hubard offered the following emergency Ordinance: (123540) AN ORDINANCE to amend and reordatn Sec, 4. Chapter 9, Title VIII, Code of the City of Roanoke (1956), as amended, relating to the duties of the manager of the Civic Center Department, certain check cashing procedures; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Tauhman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor .................................................. naYS: None ................................................... 0. WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure authorizing lease of certain property, recently acquired by the city in the Back Creek Area, Roanoke County, to the present tenants upon certain terms and conditions, and authorizing the City Manager to seek public competitive bids for the sale and lease of certain other property located in the same area, he presented same; whereupon, Mr. Thomas moved that the following Ordinance be placed upon its first reading: (123541) AN ORDINANCE authorizing the lease of certain property, recently acquired by the City in the Back Creek Area, Roanoke County, to the present tenants upon certain terms and conditions, and authorizing the City Manager to seek public competitive bids for the sale and lease of certain other property located in the same area. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowies, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. SEWEP~ AND STORM DRAINS-BUDGET: At its Financial and Planning Session on March 21, 1977, Council instructed the City Attorney to prepare the proper measure approving the City Manager's issuance of Change Order No. 10 to the city's contract with J. W. Bateson Company, Incorporated, for the construction of a 35 million gallon tertiary treatment plant addition at the Sewage Treatment Plant, providing for certain notification thereof and subsequent approval, he presented samel whereupon, Mr. Thomas offered the following emergency Ordinance~ (t23542) AN ORDINARCE approving the City Manager's issuance of Change Order No. 10, as herein set forth in full, to the City's contract with d. W. Bateson Co~pany, Ins., for the construction of a 15 million gallon tertiary treatment plant addition at the Clty*s Sewage Treatment Planti providing that notification of the issuance of said change order be given to the Virginia State Water Control Board and the Environmental Protection Agency, and that subsequent formal approval of said change order be sought from the Virginia State Water Control Board and the Environmental Protection Agency, all as made and provided by rules, regulations and guidelines of said agencies; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Councll members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. NAYS: None ....................................................0. Hr. Thomas offered the following emergency Ordinance appropriating $54,366.92 to Plant Expansion %05 under Section %24, 'Capital Outlay From Bond Funds', Of the 1976-77 budget, to provide sufficient funds in connection with the above change order= (%23543) AN ORDINANCE to amend and reordaln Section %24, 'Capital Outlay From Bond Funds', of the 1976-77 Sewage Treatment Fund Appropriation Ordlnaece, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Subard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... NAYS: None ..................................................... 0. SEWERS AND STORM DRAINS: At its Financial and Planning Session on March 21, 1977, Council instructed the City Attorney to prepare the proper measure approving the City Manager's issuance of Change Order No. 3 to the city's contract with Bryant's Plumbing and Heating Corporation for the construction of the Trout Run Interceptor Sewer Line, providing for certain notification thereof and subsequent approval, he presented same; whereupon, Mr. Thomas offered the following emergency Ordinance: (%23544) AN ORDINANCE approving the City Manager's issuance Of Change Order No. 3, as hereinafter set forth, in the City's contract with Bryant's Plumbing and Heating Corporation, for the construction of the Trout Run Interceptor Sewer Line, Project No, C-510-493-01; providing for notification of the issuance of said change order to be given to the Virginia State Water Control Board and to the Environmental Protection Agency, and that subsequent formal approval of 317 said change order be sought from the Virginia State Hater Control Board and the Environmental Protection Agency~ all as made and provided by rules~ regulations and guidelines of said agencies; and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following vote= AYES= Council members Bo~les~ Garland, Grove~ Mubard, Taubman, Thomas and Hayor Taylor ................................................. NA¥SI None .................................................... GRANTS-pLAN~INGI Council having instructed the City Attorney to prepare the proper measure authorizing the filing of an application with the United States Department Of Housing and Urban Development for a current grant of Federal funds to permit implementing, continuing and carrying out a Comaunity Development Block Grant Program, he presented s~me; whereupon, Mr, Grove offered the following Resolution= (%23545} A RESOLUTION authorizing the filing of an application with the United States Department of Housing and Urban Development for a current grant of Federal funds to permit implementing, continuing and carrying out a Community Development Block Grant Program. (For full text of Resolution, see Resolution Sock No. Mr. Grove moved the adoption Of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote= AYES= Council members Bowles, Garland. Grove, Mubard, Taubman, Thomas and Rayor Taylor .................................................. 7. NAYS= None ....................................................0. ~EAL ESTATE ASSESSOR= At its Financial and Plarming Session on March 21~ 1977, Council instructed the City Attorney to prepare the proper measure concurring in the policy of the Office of Real Estate Assessment of providing copies to the general puhlic of its land books and land maps at a fair and reason- able charge, he presented same; whereupon~ Mr. Nubard offered the following Resolution= ([23546) A RESOLUTION concurring in the policy of the City's Office of Real Estate Assessment of providing copies to the general public of its land books and land maps at a fair and reasonable charge. (For full text of Resolution, see Resolution Book No. Mr. Rubard moved the adoption of the Resolution. The motion was seconded!i by adopted by the following vote: Mrs. Bowles and AYES: Council members Bowles, Garland, Grove, Mubard~ Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS= None ....................................................0. PARKS AND PLAYGROUNDS= Council having directed the City Attorney to prepare the proper measure authorizing execution of an agreement with Roanoke Transportation Museum, lnc.~ providing for lease to and operation of the Roanoke Transportation Museum by said organization for a t~rm of years, upon certain terms and conditions, he presented same; whereupon~ Mr. Hubard moved that the following Ordinance be placed upon its first reading= (t23547) AN ORDII/ANCB authorizing execution of an agreement with Roanoke Transportation Huseu~, Inc., providing for lease to and operation of the Roanoke Transportation Huseumby said organization for a te~ of years, upon certain te~ns and conditions. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Taulman and adopted by the following vote: AYES; Council members Bo~les, Garland. Grove, Hubard, Taubman, Thomas and Hayor Taylor ................................................. NAYSt None ................................................... CITY HAP~ET: At its Financial and Planning Session on March 21, 1977, Councillnstructed the City Attorney to prepare the proper measure accepting a certain bid and awarding a contract for alterations to the Roanoke City Market Building, upon certain terms and conditions, and rejecting certain other bids; he presented same; whereupon, Mr. Hubard offered the following emergency Ordinance: (~23548) AN OPJ)INANCE accepting a certain bid and awarding a certain contract for alterations to the Roanoke City Market Building, in the City of Roanoke, Virginia, upon certain terms and conditions; rejecting certain other bids made to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconaea by Mr. Taubman ana aaopte~ by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. BUDGET: At its Financial and Planning Session on March 21, 1977, Council instructed the City Attorney to prepare the proper measure providing for the followlng appropriations or transfers: appropriating $542.00 to Travel and Education under Section t0710, "Commonwealth's Attorney"; appropriating $6,000.00 to Travel and Education under Section ~0714, "Sheriff"; appropriating $8,535.00 to Other Services and Charges under Section ~0620, "Electoral Board"; appropriating $6,000.00 to Materials and Supplies under Section ~0707, "Clerk of Circuit Court"; transferring $10,000.00 from Materials and Supplies to Overtime under Section ~1669, "Refuse Collection"; appropriating $2,873.40 to Protective Services Adult, $14,428.63 to Day Care Adults P.D., and $11,812.42 to Training to Maximize Indepen-t! dence under Section ~1540, "Title XX Services"; transferring $230,912.60 from Other Equipment under Section t1658, "Street Maintenance", to Capital Fund under Section 11855, "Transfers to Other Funds", of the 1976-77 budget, Hr. Euhard offered the following emergency Ordinance: (~23549) AN OPJ)INANCE to amend and reordain certain sections of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Bubard moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ..................................................... 0. 319.' 32O rUDGET$ Mr. Hubard offered the following emergency Ordinance decressln7 the following salaries and Wages accounts due to overdrafts in samos City Collector, Refuse Collection, Police Department, Parks and Recreation, Libraries, Juvenile Detention Home, Social Services, Nursing rome, Street Maintenance, Building Haintenance, Grounds Maintenance, Hotorized Vehicle Maintenance, Utility Line Facilities, Engineering, Planning and Building Inspection, Fire Department, Management Information Services, Municipal Auditor, Director of Public Works~ Food Stamp Authorization, Personnel Management, Juvenile and Domestic Relations District Court, City Clerk, and Assessment of Real Estatel and appropriating ~465,138.02 to Contingencies under the 1976~77 budgets (%23550) AN ORDINANCE to amend and reordain certain sections of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Mr. rubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following votes AYES= Council members BOwles, Garland, Grove, Uubard, Taubman, Thomas and Mayor Taylor .................................................. NAYS: None ..................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESSs TRAFFIC-PLANNING~ Mr. William G. Kuthy, Assistant Manager of City Planning appeared before Council and presented a memorandum in reference to two areas of contention between the staff of the Fifth Planning District Commission and the Technical Committee pertaining to a Transit Marketing Study and a Data Maintenance Report, advising that the TSM section of the Unified Transportation Work Program Budget for fiscal year 1977-78 contains $25,000.00 for the conduct of a Marketing Study for the transit system, of this amount the staff of the Fifth PDC wishes to retain $13,000.00 to conduct a portion of the study and contract $12,000.00 of the amount, re stated that the staff does not have the expertise to do a marketing study and accordingly the Technical Committee, on the basis of his request and that of the General Manager of Valley Metro, recommended that the entire study be conducted by outside consultants; that with reference to the $20,000.00 to conduct a Data Maintenance Report for monitoring of traffic projectio for the maintenance of the continuing transportation program, it was the Technical Committee's concurred upon opinion that this money should flow through to the localities as they require this information locally, the basic information source is local records and they can be assured Of the accuracy of the work for their own use if it is done locally. In concluding, Mr. Kuthy stated that in both instances the staff of the Fifth pDC has maintained that this should be done by their personnel which is the crux of the debate arising in the Transportation Policy Board. (For ful! text, see memorandum on file in the City Clerk's Office.} Mr. Charles L. raeussler, Executive Director, and Mr. Karl D. Sossmeier, Chief, Transportation Blannlng, Fifth Planning District Co~mission, appeared before Council and presented certain backup information and transmitted two budgets, one prepared by the Transportation Technical Colmnittee, and the second prepared by the transportation staff of the Fifth Planning District Commission. ~tr. Haueeeler stated that the Commission is, at the present time, experiencing financial difficulty, net only in this pro~ra~, but in other pro~ra~ areas as well, that the Commission has the greatest respect and is grateful for the input of the Transportation Technical Conunittee in that they provide and/or augment the staff with much useful technical information, however, there are some matters of a non-technical nature that may influence the deoision on the transportation budget, that there were certain administrative and policy matters that were not fully brought out at the Transportation Technical Couuuittee meeting on March 23rd concerning the impact of the proposed Transportation Technical Committee budget and it would severely impact the personnel at the Conmission and would result in staff reductions. He stated that this is pointed out as a matter of fact, not as a judgment, as to the appropriate staff size since this is a matter for elected officials to consider, that since the Commission has just signed a lease on new quarters, based on present staff levels, this wlil raise indirect costs signifi- cantly and will mean that a large portion of the quarters which are now being financed by all the localities in the District will be vacant and unused. He concluded hy adding that since the transportation program represents a significant part of the Con~ission budget and since indirect costs are related to it, it picks up a substantial share of overhead costs. (For full text, see statement on file in the City Clerk's office.) Mr. Randy Campbell representing the Virginia Department of Highways and Transportation, appeared before Council in reference to the Transit Marketing Study, advising that the funds are actually provided to support a transportation planning process which has been required in the Roanoke Valley area since 1962 by federal laws and regulations and this money is made availabl~ through the Urban Mass Transportation Administration for this purpose. In regard to the present situation, he stated that the Department of Highways feels some additional expertise in the transit marketing area is warranted. The City Manager stated that he supports the comments made by Hr. Kuthy and he feels the Marketing Study can be best accomplished through the assistance of Valley Metro with outside consultants. There was considerable discussion between Council, Mr. Kuthy, Mr. Hauessler and Mr. Bossmeier after which time Hr. Taubman stated that the main question is where is the money going to be spent most effectively and, after having read the material furnished to the Council, he feels the recommendation of the Techncial Committee is the one that should he concurred in and for that reason moved that the city's representatives to the Fifth Planning District Commission support the recommendation of the Technical Committee. The motion was seconded by Hr. Hubard and unanlmously adopted. In reference to the Data Maintenance Report, Mr. Kuthy requested that Council agree if the vote among the jurisdictions affected by the Fifth Planning District is not unanimous, rather than take the money and do jeopardy to the overall Report, that the money be left with the Fifth Planning District Commission to perform the work for all member localities. Mr. Taubman moved that his motion be amended accordingly. The motion was seconded by Mr. Hubard and unanimously adopted. 321 322 HOUSING-SLUHCLEARANCHz The Mayor advised that the terms of Messrs. Earl B. Pullen, Clark M. Thomas, James G. Harvey~ lit Father Michael S. Schmied and the Reverend Metz T. Coker as members of the Fair Housing Board will expire on March 31, 1977, that Reverend Coker has declined to serve another term, and called for nominations to fill the vacancies. Mr. Hubard placed in nomination the names of Messrs. Pullen~ Thomas Harvey and Father schmied. There being no further nominations, Messrs. Earl B. Pullen, Clark M. Thomas, James G. Harvey, II, and Father Michael S. Schm~ed were reelected as members of the Fair Housing Board for terms of three years each ending March 31, 1980, by the following vote= FOR MESSRS. PULLEN, THOMAS, HARVEY AND FATHER SCHMIED= Council members Bowles, Garland, Grove, Hubard, Taubmae, Thomas and Mayor Taylor .... 7. TPJ%FFIC= The City Clerk reported that Mr. Charles R. Wooten has qualified as a member of the Roanoke Highway Safety Co~ission to fill the unexpired term of Mrs. Alice P. Tlce, ending October 31, 1978. Mr. Taubman moved that the report be received and filed. The motion was seconded by Mr. Bubard and unanimously adopted. OTHER HEARINGS OF CITIZENS= ZONING-COMPLAINTS= Mr. Samuel P. Nackley appeared before Council and complained that his property described as Lots 27 - 30, inclusive, Bleck B, Map of williamson Groves, was rezoned from RD, Duplex Residential District, to C-2, General Commercial District, in a rezonlng request Of Serglund Chevrolet. He stated that this action was taken without his prior knowledge or approval. Mr. Thomas moved that the complaint be referred to the City Attorney and the Assistant Manager Of City Plannlng for investigation and report to the Council at its next regular meeting on Monday, April 4, 1977. The motion was seconded by Mr. Hubard and unanimously adopted. There being no further business, the Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED Mayor COUNCIL, REGULAR ~ETING, Monday, April 4, 1977. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, on Monday, April 4, 1977, at 2 p.m., the regular meeting hour, withMoyor Noel C. Taylor presiding. P~ESENT: Council members Elizabeth T. Bowles~ Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor ................................................ ABSENT: None .................................................0. OFFICERS PRESENT: ~ir. Byron E. Haner, City Manager; Mr. Sam H. McGhee, III, Assistant City Manager; Mr. Wllburn C. Dibling, Jr., City Attorney; Mr. James E. Buchholtz, Senior Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION: The meeting was Opened with a prayer by the Reverend Albert A. Peverall, Jr., Associate Pastor, First Baptist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: WATER DEPARTMENT: Pursuant to notice of advertisement for bids for chlorinator and related work at the Carvins Cove Dam Valve House, said proposals to be received by the City Clerk until 1:30 p.m., Monday, April 4, 1977, and to be opened before the Council at 2 p.m., on that date, the Mayor asked if 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 one bid received from Davis H. Hlliott Company, Incorporated, in the amount of $23,624.00 and $150.00 for each additional utility pole. Mr. Thomas moved that the bid be referred to a committee to he appointed by the Mayor for study, report and recommendation to Council. The motion was seconded by Mr. Taubmao and unanimously adopted. The Mayor appointed Messrs. Sam H. McGhee, III, Chairman, Kit B. Kiser and T. F. Brady as members of the committee. Mr. Thomas moved that future tabulation sheets contain information as to the amount of funds included in the budget for construction projects and/or items of equipment on which bids are being received. The motion was seconded by Mr. Taubman and unanimously adopted. COMMUNICATIONS-EQUIPMENT: Pursuant to notice of advertisement for bids for a data communications package, said proposals to be received by the City Clerk until 2 p.m., Monday, April 4, 1977, and to be opened at that hour before Council, the Mayor 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: Datapoint Corporation: Item 1 Item 2 Item 3 Item 4 Item 5 $ 2,138.00 $ 1,040.00 N/A $556.00 $ 166.00 323 324 Hanq Laboratories, In¢Orporatedz Item ~ Item 2 Item 3 Item 4 Item 5 ~31,250.00 $65,131.00 No Bid $1,841.00 $ 58~.00 Hr. Thomas moved that the bide be referred to a committee to be appointed by the Mayor [or tabulationt report and reco~mnendatl~n to Council° The motion was seconded by Hr. Taubn~n and unan~o~sly a~opted. The~yor ap~nte& Hessrs. ~oel ~. schlangez, chaise, Hev~tt and H. R~chard Law,nde: as m~ers o~ t~e co~ttee. In View of the fact that Roanoke County, the C~ty of Salem and the of V~nton have an interest ~n the matter, the ~yor requested that Messrs. William F. clark, W[ll~ J. Paxton~ Jr., and Ronald H. ~[ller be re~ested to send representatives from their respective l~all~les to the c~lttee meeting to review the b~ds. PA~S ~D p~YGRO~DS~ A request of residents of the Forest Park Boulevard area for construction of a fence around Villa Heights park, was before Council. In VieW of the fact that the spoke~n had not arrived, the ~yor advls~ that he had been requested to carry the matter over until the end of the meeting. Hr. Hubard moved that the item be deferred until the end of the Council agenoa. The motion was seconded by Mr. Grove and ~nani~usly aoo~ted. p~ITIONS ~D C~NICATIONS: S~RS AND STO~D~INS= A co~unication from Dr. J. carl Po[n~ex~er advising that there are grave weaknesses in the legal strategy by which Roanoke City seeks to emasculate the Roanoke County Public Service Authority of its domination over the sewer 1Shes and the sewer serfs annex~ to the C~ty of Roanoke, that for certain reasons (see co--un,cation}, ~t Ss hop~ the Cities of Roanoke and Salem will i~ediately review the situation and make a decision to move aheaa w[th the p~ding federal court suit and aid the sewer serfs as they plan to ~nte~ene in the pending C$rcu[t Court suit of the Authority vs. the C~ty, et al.~ was before Council. ~For ~ull text, se~ c~un~cat~on on fi~e in the Cit~ C~erk~ Mr. Hubard moved that the co~icat[on be received and filed. The motion was s~onded by Mr. Thomas and unanimously adopted. ~GION~ JAIL: Pursuant to Resolution NO. 2350~, the Council made an offer to Roanoke County to part[clpate ~n a joint-use ja$~ facility to be located in the C[ty of ~anoke, a co~un[cat[on from Mr. Robert E. Myers, Chai~an of the Roanoke County Board of Supervisors, advising that the Board has decided to re,in at the location of the County Courthouse [n Salem with pro~sed jail facilities, ~d a proposal for bonds to finance the County's share of faci~itie~ w~ ~e o[[eree to the voters o[~anoke County at the t~e o~ the upcoming preliminary elections [n J~e, was before Counc$1. (For full text, see c~[cat[on on f$1e in th~ City Clerk's Office.) ~. Hubard mov~ that the c~unication be received and filed. The motion was seconded by ~. Taubman and unan~ously adopted. In view of the fact that the County has rejected the City's offer, Hr. Hubard advised that it ~ould be appropriate to withdraw the offer, but leave the door open for future negotiations, whereupon, he offered the following Resolution: (~23551) A ~ESOLUTION authorizing the City Hanager to direct that competitive bids be sought for construction of the new jail facility in the City of Roanoke; withdrawing the offer made to the County of Roanoke to participate Joint-use of this facility; and reaffirming this Council's belief that one regional jail facility would bo in the best interests of the entiro Roanoke Valley and holding open the opportunity for other jurisdictions in this Valley to initiate discussions concerning joint-use of this jail facility. (For full text of Resolution, see Resolution Book No. Hr. Bubard moved tho adoption of the Resolution. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. NAYS: None ...................................................0. REPORTS OF OFFICERS: BUDGET-SHERIFF-JAIL: The City Manager submitted a written report in connection with a request of tho Sheriff that $6,000.00 be appropriated to Other Services and Charges under Section t0?16, "Jail," of the 1976-77 budget, advising that the needs of this account have doubled in two years. (For full text, see report on file in the City Clerk's Office.) Mr. Thomas offered the following emergency Ordinance appropriating $6,000.00 to Other Services and Charges under Section ~0716, "Jail', of the 1976- 77 budget: (~23552) AN ORDINANCE to amend and reordaln Section t0716, "Jail," of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Buhard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. CITY MARKET: The City Manager submitted a written report advising of a request of Mr. Paul Murray to rent two nonrefrigerated storage boxes and two nonrefrigerated meat cases from vacant stalls adjacent to his leased area in the Market Building, recommending that the City Code be amended to include a rental rate of $5.00 per month for nonrefrigerated storage box use and $10.00 per month for nonrefrigerated display case use. (For full text, see report on file in the City Clerk's Office.) Mr. Hubard offered the following emergency Ordinance as per the recommend tion of the City Manager: (%23553) AN ORDINANCE amending and reordaining Section 3.1, Rental of Equipment in vacant stalls, of Chapter 2, Market regulations, of Title IX, Markets, Code of the City of Roanoke, (1956), as amended, providing for rental rates to be charged for certain equipment in vacant stalls at the City Market; and providing for an emergency. 325 326 (For full text of Ordinance, see Ordinance Book NO. }tr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES= Council members Bowlest Garlandt Grove, Hubard~ Taubman~ Thomas and Mayor Taylor ................................................... 7. NAYS= None .....................................................0. ANNEXATION= Aa previously directed by the Council, the City Manager submitted a written report transmitting an Ordinance approving the transfer of certain properties in the vicinity of Catlett Drive fro~ the City of Roanoke to the City of Salem. (For full text~ see report on file in the City Clerk's Office.) After a discussion as to whether or not the taxes have been pro rated on the affected properties, Mr. Taubman moved that action on the Ordinance be deferred until the next regular meeting of Council on Monday, April Il, 1977, pending receipt of information from the City Manager as to the following points= ViZ= amount of revenue loss during the first quarter, effective date of the Ordinance, number of school children involved, and any other pertinent informatlon.!i The motion was seconded by Mr. Hubard and unanimously adopted. SEWERS AND STORM DRAINS: The City Manager submitted a written report recommending authorization to execute Change Order No. 1 to the contract with Southwest Construction Company for repair of three digesters at the Sewage %reutment Plant to cover necessary additional w~rk, and that $358.00 be transferred to provide sufficient funds. (For full text, see report on file in the City Clerk's Office.) Mr. Grove offered the following emergency Ordinance transferring $358.00 from Maintenance under Section %2005, "sewage Treatment Fund," to Digester Repairs under Section %2401, "Capital Outlay From Revenue," of the 1976-77 Sewage Treatment Fund: (%23554) AN ORDINANCE to amend and reordain Section %2005, "Sewage Treatment Fund," and Section %2401, "Capital Outlay From Revenue," of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None 0 Mr. Thomas offered the following emergency Ordinance approving the City Manager's issuance of Change Order No. 1: (%23555) AN ORDINANCE approving the City Manager's issuance of Change Order No. l, as hereinafter set forth, to the City's contract with Southwest Construction Company for the repair of three digesters at the Sewage Treatment Plant; upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Nr. Taub~an and adopted by the following vote; AYES~ Council members Bc~les, Garland, Grove, Hubard, Taubman, Thomas and Hayor Taylor .................................................. ?. NAYS~ None ....................................................0. SIDEWALK, CURB AND GUTTER-SEWERS AND STORM DRAINS; The City Manager submitted a written report recommending authorization to execute Change Order No. I to the contract with E & S Construction Ccaupany for construction of curb, gutter entrances and drainage facilities along Edgerton Avenuet 18th Street and Nlverdale Avenue, S. E.t to provide for installation of concrete steps and sidewalk (For full text, see report on file in the City Clerk's Office.) Mr. Grove offered the following emergency Ordinance authorizing issuance of Change Order No. I to the contract with H & S Construction Company: (%23556) AN ORDINANCE authorizing the issuance of Change Order No. to the City's contract with N & S Construction Company for the construction of curb, gutter entrances, and drainage facilities along Edgerton Avenue, 18th Street, and Riverdale Avenue, S. E.; upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded byMr. Garland and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. NAYS: None ....................................................0. EQUIPMENT-TRAFFIC: The City Manager submitted a written report concurring in a report of the Bid Committee in connection with the purchase of traffic paint for the city, recommending that the bid of Cavalier Equipment Company for supplying 500 gallons of white traffic paint in five gallon drums, in the amount of $2,030.00 be accepted; that the hid of Cavalier Equipment Company for supplying 200 gallons of yellow traffic paint in five gallon drums, in the amount of $884.00 be accepted; that the proposal of William Armstrong Smith Company for supplying 2,3?0 gallons of yellow traffic paint in thirty gallon drums, in the amount of $6,399.00 he accepted; and that the proposal of PPG Industries for supplying 1,650 gallons of white traffic paint in thirty gallon drums, in the amount of $4,488.00, be accepted. (For full text, see reports on file in the City Clerk's Office.) Mr. Thomas offered the following emergency Ordinance awarding contracts as abovestated: (%23557) AN ORDINANCE awarding contracts for furnishing traffic paint to the City; accepting bids made therefor; rejecting other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the followlng vote= 327 328 AYESt COUnCil members Bowles, Garland, Hubard~ Taubman, Thomas and Mayor Taylor ............................................................. 6. NAYS~ None ....................................................0. (Council member Grove not voting) EQUIPHENT= The Clty Manager submitted a written report concurring in a report of the Bid Co~u~ittee recc~mending that the bid of Motorola Co~nunlcations and Electronics, Incorporated, for supplying various types of two-way radio equipoent, for the sum of $26,727.64~ he accepted. (For full text, see reports on file in the City Clerk's Office.) Mr. Thomas offered the following emergency Ordinances (%23558) AN ORDINANCE providing for the purchase and acquisition of various types of communications equipment for use by the City, by accepting the proposal of Motorola Communications and Electronics, Incorporated, of Roanoke, Virginia, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. Mr. Thomas moved the adoption Of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................ 7. NAYS= None ..................................................0. In certain instances where the city knows it wants a particular brand Of equipment, Hr. Thomas inquired as to whether or not the city can legally order that equipment rather than go through the process of formal biddings where- upon, the City Manager called attention to Section 40 Of the City Charter and Title 5, Chapter l, Section 5 of the City code which sets forth the bidding procedures that must be adhered to by the administration. There was considerable discussion as to the economics Of standardi- zation of equipment after which time on motion of Hr. Thomas, seconded by Mr. Hubard and unanimously adopted, the City Manager was instructed to review Section 40 of the City Charter and Title 5, Chapter 1, Section 5 of the City Code a~d advise the Council at its meeting on Monday, April 25, 1977, as to any suggestions he may have pertaining to revision Of same. COUNCIL: The City Manager submitted a written rsport requesting an Executive Session to discuss a real estate matter. (For full text, see report on file in the City Clerk's Office.} Mr. Hubard moved that Councll meet in Executive Session to discuss a real estate matter. The motion was seconded by Hr. Taubman and adopted by the following vote: AYES: Council members BOWles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ................................................ NAYS= None ..................................................0. ZONING: The Deputy Manager of City Planning submitted a written report in connection with a complaint of Mr. Sam Nackley relative to an alleged rezoning of certain property he owns, advising that the matter was a simple misunderstandi£ on Mr. Nackley's part of how blocks are designated and the matter has now been resolved. (For full text, see report on file in the City Clerk's Office.) Hr. Grove moved that the report be received and filed, The motion was seconded by Mr. Garland and unanimously adopted. REPORTS OF COMMITTEES: STATE HIGHWAYS-SALE OF PROPERTY: The Water Resources Committee submitted a written report recommending that the necessary measure be prepared authorizing the Clty Manager to execute an option for the purchase by the State Department of Highways Of a strip of land along Ore Branch and the Norfolk and Western Rellway's Winston-Salem line, In connection with the Southwest Expressway. (For full text, see report on file in the City Clerk's Office.) Mr. Thomas moved that the following Ordinance be placed upon its first reading: (%23559) AN ORDINANCE authorizing the sale and conveyance of the fee simple title to a parcel of land containing 2.50 acres, more or less, being the remaining portion of the City's old "Poor Farm" property, to the Commonwealth in connection with Highway Project No. 6220-128-105, RW-201, for a consideration of $12,500.00, cash; and, if desired by the Commonwealth, to enter into a purchase option agreement with the Commonwealth of Virginia. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thormas and Mayor Taylor ..............................................................6. NAYS: None ..................................................... 0. (Council member Hubard was out of the room) STATE HIGHWAYS-BRIDGES: The Water Resources Conunittee submitted a written report recommending that the proper measure be prepared granting to the State Department of Highways immediate right of entry and right to construct on several city-owned properties along Bennington Street, S. E., in connection with Route 116 improvements. (For full text, see report on file in the City Clerk's Office.) Mr. Thomas offered the following Resolution: (%23560) A I{ESOLUTION authorizing the Commonwealth of Virginia, Department of Highways and Transportation, to enter upon certain property of the City for the purpose of constructing thereon certain highway improvements in connection with Highway Project No. U000-128-102, PE-101, RW-201, C-501, B-605, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. }tr. Thomas moved the adoption of the Resolution. The motion was seconded by}tr. Tau~man and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ......................................................... 6. NAYS: None .................................................... 0. (Council member Hubard was out of the room) 329 33O UNFINISHED BUSINESSt ITEMS PI~DING~ The City Clerk presented a list of items pending from August 18, 1975, through Hatch 28, 1977. (For full text~ see list on file in the City Clerk's office.) [ir. Taubman moved that the list be received and filed. The motion was seconded by Hr. Grove and adopted. CONSIDERATION OF CLAIHS~ NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND P~SOLUTIONSI AIRPORTs Ordinance No. 23533 authorizing and directing the proper city officials to execute and deliver a deed of easement to the Appalachian Power Company in order to construct and maintain an underground power line to maintale power to the new light lane to be constructed at the end of Runway 5 at Roanoke Municipal Airport, Woodrum Field, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body~ Mr. Grove offering the followlng for its second reading and final adoption= (%23533) AN ORDINANCE authorizing and directing the proper City offlcial~ to execute and deliver a certain deed of easement to the Appalachian Power Company. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ...................................................... 6. NAYS: None .................................................. (Council member Hubard was out of the room) AIRPORT: Ordinance NO. 23535 authorizing the execution of an amend- ment to the Amendment to the Agreement Of Lease dated January 5, 1976, between the City of Roanoke and Piedmont Aviation, Incorporated, authorized by Ordinance No. 22641, having previously been before the Councll for its first reading, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the followlng for its second reading and final adoption: (%23535) AN ORDINANCE authorizing the execution of an amendment to the Amendment to the Agreement Of Lease dated January 5, 1976, between the City of Roanoke and piedmont Aviation, Inc., heretofore authorized by Ordinance NO. 22641, dated January 5, 1976, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the followlng vote= AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ....................................................... 6. NAYS= None ..................................................0. (Council member Hubard was out of the room) HOUSING-SLUH C~CE-EASEHENTS-SEWERS AND STO~ DRAINS= Ordinance No. 23536 authorizing execution of a deed of release, releasing a portion of the clty's interest in certain easements in the Gainsboro Neighborhood Development Program as requested by the City of Roanoke Redevelopment and Housing Authority, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Grove offering the following for its second reading and final adoption~ (%23536) AN OI~DINANCE authorizing execution of a deed Of release, releasing a portion of the City's interest in certain etormdrain and sanitary newer easements heretofore abandoned by the City of Roanoke, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by tho following vote: AYES~ Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................... 7. NAYS: None ......................................................0. CITY PROPERTY-PUBLIC WELFARE: Ordinance No. 2353? providing for the lease of certain city farmland located at Coyner Springs, in Botetourt County, to Mr. James B. Ballard, upon certain terms and conditions, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Thomas offering the following for its second reading and final adoption: (%23537) AN ORDINANCE providing for the lease of certain City farmland located at Coyner Springs, in Botetourt County, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Tauhman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. NAYS: None ................................................... BUILDING DEPARTMENT: Ordinance No. 23538 adding a new section to the BOCA Basic Plumbing Code to provide that a time limit of ten working hours be established to permit the Building Cormmissioner's Department adequate time to complete a plumbing inspection after receipt of notification, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Thomas offering the following for its second reading and final adoption: (~23538) AN ORDINANCE emending Section 2, Amendments, of Chapter 3.2, BOCA Basic Plumbing Code, of Title XV, Construction, etc., of the Code of the City of Roanoke (1956}, as heretofore amended, by adding a new section numbered P-114.3, Inspections, to the Basic Plumbing Code, as adopted by reference. (For full text of Ordinance, see Ordinance Book NO. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS: None .....................................................0. 331 332 BUSES~ Ordinance No. 23539 amending the City Code to provide for the regulation of urban mass transit bus service in the City of Roanoke, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the bodyt Mr. Taubman offering the following for its second reading and final adoption= (123§39! AN O~DINANCE to amsnd and reordain Title XIX. Transportation, of The code of the City of l~oanoke, 1956, as amended, by the addition of a new chapter relating to urban mass transit busest to be numbered chapter l.l. {For full text of ordinance, see Ordinance Book No. Mr, Taubman moved the adoption of the Ordinance. The motion was seconde~ by Mrs. Bowies and adopted by the following vote= AYES= Council members Bowles, Grovet Hubard, Taubman and Mayor Taylor ................................................................... NAYS= Council members Garland and Thomas ......................2. In this connection, a communication from Mr. Jerry L. Gwaltney, Assistant City Manager, Salem, Virginia, transmitting copy of Resolution adopted by Salem City Council on March 28, 1977, requesting cooperation of the City of Roanoke regarding inter-city bus transportation, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Taubman moved that the communication be received and filed. The motion was seconded by Mr. Bubard and unanimously adopted. WATER DEPARTHENT: Ordinance No. 23541 authorizing the lease of certain property, recently acquired by the City in the Back Creek Area, Roanoke County, to the present tenants, Messrs. Henry E. Leslie and Jerry L. Routt, upon certain terms and conditlons, and authorizing the City Manager to seek publ£c competitive bids for the sale of a 72 foot mobile home located on the Weaver parcel with the purchaser to remove such trailer from the property at his expense, and for the lease of the ten acre Sun Valley Swim Club and Campground on the Stultz parcel, having previously been before the Councll for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Grove offering the following for its second reading and final adoption: (123541) AN ORDINANCE authorizing the lease of certain property, recently acquired by the City in the Back Creek Area, Roanoke County, to the present tenants, upon certain terms and condlt~ons, and authorizing the City Manager to seek public competitive b~ds for the sale and lease of certain other property located in the same area. {For full text of Ordinance, see Ordinance Book No. Hr. Grove moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES: Council me~mbers Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... NAYS: None .....................................................0. PARKS AND PLAYGROUNDS= Ordinance No. 23547 authorizing execution of an agreement with Roanoke Trans~ortatlon Museum, Znc., providing for lease to and operation of the Roanoke Transportation Museum by said organization for a term of years, upon certain terms and conditions, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption= (123547) ~)T ORDINARCE authorizing execution of an agreement with Roanoke Transportation Huseum, Inc., providing for lease to and operation of the Roanoke Transportation Museum by said organization for a term of years, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. Hrs. Bowles moved the adoption Of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard~ Taubmas, Thomas and Hayer Taylor ? NAYS~ None ..................................................0. POLICE DEPARTMENT: Council having directed the City Attorney to prepare the proper measure con~ending the members of the Auxiliary Police Of the City Of Roanoke for their valuable services to the city for the calendar year 1976, he presented same; whereupon, Hr. Grove offered the following Resolution: {%23561) A RESOLUTION co=ending the members of the Auxiliary Police Of the City of Roanoke for their valuable services to the City for the calendar year 1976. (For full text of Resolutlon, see Resolution Book No. Hr. Grove moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..................................................7. NAYS: None .................................................... ANNEXATION-CONSOLIDATION: Council having instructed the City Attorney to prepare the proper measure enumerating the benefits of consolidation of the Cities of Roanoke and Salem, expressing Council's interest in this idea, and requesting that the Salem City Council consider appointing a committee to discuss the proposed consolidation with the City of Roanoke, he presented same; whereupon, Mr. Subard offered the following Resolution: (123562) A RESOLUTION enumerating the benefits of consolidation of the Cities of Roanoke and Salem, expressing Council's interest in this idea, and requesting that this Resolution be communicated to the Salem City Council for its consideration. (For full text of Resolution, see Resolution Book No. Hr. Hubard moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Rubard, Taubman, Thomas and Mayor Taylor ..................................................7. NAYS: None .................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: TAXES: Vice-Mayor Bowles presented a communication in connection with a recently signed law that allows local governing bodies to exempt, defer or freeze the tax rate for permanently and totally disabled homeowners, advising that the number of permanently and totally disabled persons in the City of Roanoke who would be eligible for a tax freeze on city real estate is an unknown quantity at this time, therefore, it is impossible to estimate the revenue effect if such 333 334 a freeze is granted and she reco~nended that the matter be referred to the City ~4anager and the City Taxes Committee for input. (For full text, see communication on file in the City Clerk's Office.) Hrs. Bowles moved that the matter be referred to the City Taxes Committee and the City Hanager for study, report and recon~nendation to Council and to further advise as to the potential loss of revenue that will be incurred by the City if this law is put into effect. The motion was seconded by Pr. Garland and unanimousl adopted. CITY ATTORNEYI The City Clerk reported that Pr. Wilburn C. Dihling, Jr., has qualified as City Attorney for a term ending September 30, 1978. Mr. Hubard ~oved that the report he received and filed. The motion was seconded byMr. Taubman and unanimously adopted. OTHER HEARINGS OF CITIZENS= NONE. PAPJI$ AND PLAYGROUNDSI Earlier in the meeting Council deferred action until the end of the agenda on a request of residents of the Forest Park Boulevard area for constr~ction of a fence around Villa Heights Park, since the spokesman for the group had not arrived, and in view of the fact that the spokesman still had not arrived, the Mayor requested the City Clerk to include the item on the agenda of Council for Monday, April 11, 1977, at 7:30 p.m. There being no further business, the Mayor declared the meeting adjourned. ATTEST: City Clerk APPROVED Mayor CO~NCILt REGULAR HEE~ING~ Monday, April 11, 1977. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Bullding~ City of ~oanoke, at ?=30 p.m., on April llt 1977, with ~a¥or Noel C. Taylor presiding. PRESEHT= Council m~nbers Elizabeth To Bowles, Robert A. Oarlandt Lucian yo GroYe, Nicholas F. Taub~an, Hampton W. Thomas and Hayor Noel Co Taylor .................................................................. ABSENTs Council member William S. Hubard ..................... OFFICERS PRESENT= }ir. Byron E. Haner, City Hanager~ Mr. Wllburn C. Dibling, Jr., City Attorney~ Mr. James E. Buchholtz, Senior Assistant City Attorney~ Mr. Joel M. $chlanger, Director of Ftnance~ and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by Dr° Noel C. Taylor. MINUTES= Copies of the minutes Of the regular meetings of Monday, March 28, 1977, and Monday, April 4, 1977, having been furnished each member of Council, on ~otton of Mr. Taubman, seconded by Mr° Grove and adopted, the reading thereof was dispensed with and the minutes were approved as recorded. HEARING OF CITIZENS UPON PUBLIC ~ATTERS= STREETS AND ALLEYS= Pursuant to notice Of auvertisement for bius for paving of various streets within the City, said proposals to be received by the City Clerk until 2=00 p.m., Monday, April'11, 1977, and to be opened before the Council at 7=30 p.m., on that date, the Mayor asked if anyone had any questions about tho advertisement for bids and no representative present raising any questioni the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids= S. R. Draper Paving Company - $ 374,829.00 Adams Construction Company and Virginia Asphalt Paving Company,'Inc. - 566,889.00 John A. Hall and Company, Inc. - 581,729.50 Hr. Thomas moved that the bids be referred to a cormnittee to be appointed!i by the Mayor for tabulation, report and reco~endatlon to Council. The motion was seconded by Mr. Taubman and adopted. The Mayor appointed Messrs. J. D. Sink, Chairman, Harold G. Hardy and Thomas F. Brady as members of the committee. ZONING= Pursuant to the instructions of Council, the City Clerk set a public hearing for 7:30 p.m., Monday, April 11, 1977, on the request of WMW Partnership that property located in the 2700 block of Colonial Avenue, S. W., described as Lots 5, 6 and 7, Block 6, Map of Section No. 3, Gaymont, Official Tax Nos. 1260805, 1260806 and 1260807, be rezoned from P~-3, Single-Family Residen- tial District, to C-1, Office and Institutional District, the matter was before the body. In this connection, the City Planning Co~ission submitted a written report recommending that the request be granted. (For full text, see report on file in the City Clerk*s Office.} 335 336 Mr. M. Heywood Fralin, Attorney, representing the petitioner, appeared before Council in support of the request of his client. No one appearing In opposition to the request, Hr. Thomas moved that the following Ordinance be placed upon its first reading= (123563) AR ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The code of the City of Roanoke, 1956, as amended, and Sheet No. 126, Sectional 1976 Zone Hap, City of Roanoke, in relation to Zoning. The motion was seconded by Hr. Taub~an and adopted by the following vote: AYES: Council members Bowles, Garlandw Grove, Taubmanw Thomas and ............................................................. Mayor Taylor 6 NAYS: None ....................................................0. (Council member Hubard absent) ZONING: Pursuant to instructions of Council, the City Clerk set a public hearing for 7=30 p.m., Monday, April Il, 1977, on the request of Messrs. Charles B. Farrelly and Scott W. Little, trading as Grandin Professional Propertie~ that property located at 2107 Broadway Avenue, S. W., described as Lot C, according to the map of F. M. Reynolds, of record in Deed Book 369, page 84, and being also Lot 43 and the eastern part of Lot 42, Section 12, Hap Of Crystal Spring Land Company, Official Tax No. 1050229, be rezoned from RG-1, General Residential District, to C-l, Office and Institutional District, the metter was before the body. In this connection, the City Planning Cor~mission submitted a written report recommending that the request be granted. (For full text, see report on file in the City Clerkts office.) Mr. J. W. Jennings, Attorney, representing the petitioners, appeared before Council in support of the request of his clients and presented a proposed site plan. He advised that the property has been for sale for quite some time, but no buyers have presented themselves for residentlal use, that a contract has been entered into subject to the property being resoned to C-1. He stated that the continuity of the area is better served by C-1 rather than RG-1 and this is an area which is presently in transition. Dr. Roger M. Winborne, Jr., appeared before Council in Opposition to the request, advising that he is opposed to the rezoning for the following reasons= 1. Site plans are not binding. 2. Zoning changes are permanent, not limited in time. 3. At the present time, between the business area on Mc- Clanahan and the resldential area of Broadway, there are two barriers. One is in the form of the broad streets of Broadway and McClanahan. The second is a natural change in the terrain from the hilly reslden- tlal section to the flat business section which takes place at the intersection of these fwd streets. The proposed change would breach these barriers. 4. There are presently many trees on this corner. These trees further mark the difference between the business area and the residential area. They also Offer protec- tlon to the re$identlal area from the traffic, noise and sight of the business area. All the proposed site plans which he has seen for use of this property have re~ved some, if not nearly all of the trees. 5. Parking on residential streets in this neighborhood is now a problem caused by the current businesses on 14cClanahan Street. Any new business is going to mean more cars° This is a five point corner and the site plan proposes two entrances near this corner. This will further en- danger the bad intersection which has frequent wrecks at the present t~me. ?. There are still available in old southwest and in the flat areas of South Roanoke several residences zoned C-1. These could be purchased by potential businesses, rather than rezonlng residential areas. 8. Present owners of C-1 property and proposed C-I pro- perty in the triangle formed by Broadway and McClanahan, have a poor record of interest in the area and of main- tenance of their property in this area. 9. This property, if it were properly prepared, could become good, desirable, residential rental property. Be further stated that the last tenant was asked to vacate in view of an impend- ing change. He also presented communications from William A. and Marjorie M. Faris, 2202 Broadway Avenue, S. W., Mrs. Charles E. Bear, 2124 Broadway Avenue, S.W., Mr. and Mrs. Robert D. Saul, Jr., and Ms. Emily E. Saul, 2107 Broadway Avenue, S. W., and Hr. and Mrs. L. V. Hovls, 2143 Broadway Avenue, S. W., in Opposition to the rezoning. Messrs. J. Woodard, 2128 Broadway Avenue, S. W., and Frank Epps, 2201 Broadway Avenue, S. W., also appeared in opposition to the request for rezoning. Mr. Robert N. Bradley, architect, appeared before Council in support of the request, advising that he has a contract for the property if it is rezoned to C-1 and he intends to remodel the building for use as an architect's office. Be stated that he presently has an office in the City of Salem but would like to relocate to the City of Roanoke because he feels this would be a better location for business. He discussed the matter of ingress and egress, the traffic situation and his plans for proposed remodeling of the structure. After a very lengthy discussion of the request, Mr. Taubman moved that the following Ordinance be placed upon its first reading: (J23564) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 105, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. The motion was seconded by}tr. Thomas and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor .........................................................6. NAYS: None ................................................... 0. (Council member Hubard absent) STREETS AND ALLEYS: Council having set a public hearing for 7:30 p.m., Monday, April 11, 1977, on the application of First Baptist Church to vacate, discontinue and close all that certain alley extending in a southerly direction from Luck Avenue, S. W., along the eastern boundaries of Lots 1 - 5, inclusive, Word Map, and thence in a westerly direction along the southern boundary of Lot 5, Word Map, to 3 1/2 Street, S. W., the matter was before the body. In this connection, the City Planning Commission submitted a written report recommending that the request be granted. 337 338 (For full text, see report on file in the City ClerkJs Office.) The viewers appointed to view the alley sul~nitted a written report advising that they have visited and viewed the alley and they are unanimously of the opinion that no Inconvenience would resultj either to any individual or to the public, frc~a permanently vacating, discontinuing and closing same. (For full text, see report on file in the City Clerk's Office.) Mr. Richard B. Vlar, Attorney, appeared before Council in support of the request of his client. No one appearing in opposition, Xr. Taul~nan moved that the following Ordinance be placed upon its first reading= (%23565} AN ORDINANCE permanently vacating and closing an alley along the eastern boundaries of Lots 1 through 5, inclusive, Word Map and the southern boundary of Lot 5, Word Map. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council m~mbers Bowles, Garland, Grove, Taubman and Mayor Taylor .................................................................. 5. NAYS: None ...................................................0. (Council member Buhard absent) (Council member Thomas not voting) STREETS AND ALLEYS: Council having set a public hearing for 7:30 p.m., Monday, April ll, 1977, on the request of the City Manager to vacate, discontinue and close a segment of an existing alley in the jail-courthouse complex site, the matter was before the body. In this connection, the City planning Co~ission submitted a written report recommending that the request he granted. (For full text, see report on file in the City Clerk's office.) The viewers appointed to view the alley submitted a written report advising that they have visited and viewed the alley and they are unanimously of the opinion that no inconvenience wDuld result, either to any individual or to the public, from permanently vacating, discontinuing and closing same. (For full text, see report on file in the City Clerk's Office.) No one appearing in Opposition to the request, Mr. Grove moved that the following Ordinance be placed upon its first reading: {~23566} AN ORDINANCE permanently vacating, discontinuing and closing a certain 10-foot wide alley, approximately 225 feet in length, adjacent to the westerly side of the City's Juvenile and Domestic Relations Court Building, as is more particularly described hereinafter. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ........................................................... 6. NAYS: None ......................................................0. (Council member Nubard absent) PARKS AND PLAYGRO~NDSz Mr. James B. Keeling, 1049 Forest Park Boulevard, N. W., appeared before Council and presented a con~unication and petition signed by 56 residents of the Forest Park Boulevard area requesting construction Of a fence around Villa Heights Park. (For full text, see communication and petition on file in the City Clerk's Office.} Mr. Garland moved that the request be referred to the Clty Hanager for study, report and recommendation to Council. The motion was seconded by Mr. Grove and adopted. PETITION~ AND COMHUNICATIONSz TAXES~ A communication from}tr. Richard M. Kurshan suggesting that, in keeping with recently approved legislation, Council consider establishing lower tax rates for rehabilitated real property meeting the criteria established by the State cede, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Taubman moved that the communication be received and filed and referred to the City Taxes Committee and the City Planning Com~ission for their indivldual and joint consideration with a report to the Council. The motion was seconded by Mr. Garland and adopted. STREETS AND ALLEYS: An application from Mr. Charles E. Klutz, Attorney, representing Roanoke Iron and Bridge Works, Incorporated, requesting that that alley beginning on the easterly side of South Jefferson Street and that alley beginning on the northerly side of 3rd Street, S. E., be vacated, discontinued and closed, was before Council. (For full text, see application on file in the City Clerk's office.) Hr. Thomas offered the following Resolution appointing viewers: {%23567) A ~ESOLUTION providing for the appointment of five persons, not less than three of whom may act, as viewers in connection with the applica- tion of Roanoke Iron and Bridge Works, Inc., to permansntly vacate, discontinue and close certain alleyways located in the City of Roanoke, Virginia, and being described as follows: ALLEy NUMBER ONE Being that alley beginning on the easterly side of South Jefferson Street, and proceeding in a southeasterly direc- tion, approximately 125 feet to the intersection with another alley as shown on Official survey Sheet SE %4, running between Lots 3 and 4, Block %3, of that survey sheet. ALLEy NUMBER TWO Being that alley beginning on the northerly side of 3rd Street, S. E., approximately 130 feet southeast from the intersection of 3rd Street, S. E. and South Jefferson Street, and proceeding in a northwesterly direction, approx- imately 125 feet to the intersection with Walnut Avenue, S. E., as shown on Official survey Sheet, SE %4, running between Lots 3 and 4 and Lot 9, Block %3, of that survey sheet. (For full text of Reeolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor .......................................................... S. NAYS: None .....................................................0. {Council member Huhard absent) 339 34O ~r. Thews moved that the application be referred to the City Planning Conauission for study~ report and reco~nendation to Council. The motion was seconded by Mr. Taubman and adopted. REPORTS OF OFFICEP~= BUDGET-GPART$-CETA~ The City ~anager submitted a written report reco~ven that $710~094.00 he appropriated to the Grant Program Account~ representing an increase in CETA Grant No. 51-7-204-60, Title VI Funding, FY ~77. {For full text~ see report on file in the City Clerk's Office.) Mr. Taub~a~ offered the following emergency Ordinance appropriating $?10,094.00 to Unobligated Funds Title V! under 'CETA Achniniatration,' Of the 1976-77 Grant Progra~Account= (%23568) A~ OROINANCE to amend and reordain the City of ~oanoke*s 1976-~ Grant Progra~ Account~ and providing for an emergency. {For full text of Ordinance, see Ordinance Book NO. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote= AYES= Council members Bowles, Garland, Grove~ Taubman~ Thomas and Mayor Taylor .......................................................... 6. NAYS= None ..................................................... 0. (Council member Bubard absent) WATER DEPARTMENT: The City Manager submitted a written report in connection with leasing the swim club and campground facilities in the Back Creek area, recommending that the proposal of Messrs. Herbert H. Arnold and Leo D. Burnette be accepted. {For full text, see report on file in the City Clerk*s Office.) Mr, Thomas moved that the following Ordinance be placed upon its first reading: (#23§69} AN ORDINANCE authorizing the lease of certain property known as the Hun Valley Swim Club and Campground in the Hack Creek area, Roanoke County, upon certain terms and conditions. The motion was seconded by Mr. Tauk~nan and adopted by the £ollowing vote= AYES: Council members Bowles, Garland~ Grovo~ Taubman, Thomas and Mayor Taylor ......................................................... 6. NAYS: None .................................................... 0. (Council member Hubard absent} STATE HIGHWAYS: The City Manager submitted a written report recommend- ing approval of the proper measure authorizing the City Manager to execute an agreement with the Virginia Department of Highways and Transportation for adjustmen Of sanitary sewer and water facilities in connection with the Route 24, 13th Street and Hennlngton Street, S. E., Highway Project. (For full text, see report on file in the City Clerk*s Office.) Mr. Thomas offered the fellowlng emergency Ordinance= lng (123570) AN OP~INANCE authorizing and directing the City Hanager to enter into a certain agreement on behalf of the City relating to the relocation of sanitary sewer and water facilities in connection with the Co~nonwealth of Virginia, Department of Highways and Transportation Projects NO. U000-128-102, C- 501, C-502~ B-604, B-605, and No. 0024-128-103, C-501, further designated as 13th Street and Eennington Street, S. E., and Route 24 Projects; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. }tr. Thomas moved the adoption of the Ordinance. The motion was seconded byMr. Grove and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor .............................................................. 6. HAYS= None ..................................................... (Council member Hubard absent) PARKS AND PLAYGROUNDS= The City Manager submitted a written report in connection with operation of concession stands by neighborhood athletic clubs at softball diamonds in their areas, recon~ending that Council recognize existence of these ~mall concessions and their benefit to the athletic clubs concerned; authorize operations by the recreation clubs listed in the report, with subsequent requests to be reported to, and considered by Council as such requests are made; and direct the City Attorney to provide a simple contract which holds the city harmless from any liability in connection with concession operations and such other legal considerations as he deems appropriate. (For full text, see report on file in the City Clerk's Office.) Mr. Garland moved that the report be referred to the City Attorney for preparation Of the proper measure. The motion was seconded by Mrs. Bowles and adopted. PARKS AND PLAYGROUNDS= The City Manager submitted a written report requesting concurrence in establishing a policy on requests for non-league tournaments in city parks and other athletic facilities, recommending that the Manager of Parks and Recreation be authorized to approve application for such tournaments provided facilities are available; and that a fee of $100.00 be charged to defray expense of field or facility preparation, clean-up and utilities. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that Council concur in the report. The motion was seconded by Mr. Thomas and adopted. ANNEXATION-CONSOLIDATION: Council at its last regular meeting having deferred action on an Ordinance approving the transfer of certain properties in the vicinity of Catlett Drive from the City of Roanoke to the City of Salem pending certain additional information, the City Manager submitted a written report transmitting a list of properties involved, advising that the proposed Ordinance would be effective upon its passage as an emergency measure and the Ordinance would give the Mayor the authority to sign an agreement with the City of Salem with said agreement establlshing the effective date of change, that there are presently seven school children involved which currently go to County 341 3'42 schools with the City paying the per pupil cost and the City is currently providing police, fire and refuse collection service. The report further stated that the City of Salem presently provides water and sewer service, however, they have agreed to let the City of Roanoke take over the water service providing the City extends its water system along the street to provide the water service and Appalach lan Power Company provides electrical service to the area. (For full text, see report on file in the city Clerk's Office.) Mr. Taut~an moved that the effective date of the agreement be July 1977. The motion was seconded by Mrs. Bowles and adopted. Mr. Taubman then offered the following emergency Ordinance authorizing the Mayor to execute the agreement= (t23571) AN OP~INANCR authorizing and directing the Mayor to execute a certain agreement between the City of Salem and the City of Roanoke relating to the boundary line between said cities, directing the City Clerk to cause a description of such boundary to be published by law, directing that certain other actions relating to such boundary line be taken as provided by law; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor .......................................................... 6. HAYS: None .....................................................0. (Council member Hubard absent) Mr. Grove moved that the report of the City Manager bo received and filed. The motion was seconded by Mr. Tauhman and adopted. STREETS AND ALLEYS: The City Planning Commission submitted a written report recommending that the request of the City of Roanoke Redevelopment and Housing Authority, that that portion of Richmond Avenue between llth and 12th Streets and that certain alleyway located between llth and 12th Streets, extend- ing from Jackson Avenue to Richmond Avenue, be vacated, discontinued and closed, be granted. (For full text, see report on file in the City Clerk's Office.) Mr. Thomas moved that the Mayor he requested to set a date for a public hearing on the request. The motion was seconded by Mr. Grove and adopted. The Mayor set the public hearing for 7:30 p.m., Monday, May 9, ZONING: The City Planning Commission submitted a written report in connection with a proposed amendment to Section 5.1, RS-l, RS-2 and RS-3, Single Family Residential District Regulations, Paragraph 2, "Special exceptions after public notice and hearings by the Board of Zoning Appeals", of the zoning Ordinance~ relating to hospitals, sanitariums, rest homes, convalescent homes, homes for orphans and homes for aged. (For full text, see report on file in the City Clerk's office.) Mr. Thomas moved that the Mayor be requested to set a date for a public hearing on the matter. The motion was seconded by Mr. Grove and adopted. The Mayor set the public hearing for 7:30 p.m., Monday, May 9, 1977. REPORTS OF COf~4ITTEES~ SEWERS AND STORM DRAINS~ The Water Resources Con~lttee submitted a written report transmitt~ng a draft of an offer proposed to be sent to the County Utilities Co~nittee relative to an equitable settlement of the question of pro- viding water and sewer service to the residents of the two political jurisdictions (For full text, see report and offer on file in the City Clerk's Office. Mr. Thomas moved that the communication under date of April 12, 1977 to the County Utilities Committee be approved and transmitted to the County Utilities Co~nittee for consideration. The motion was seconded by Mr. Taubman and adopted. SALE OF PROPERTY-DONATIONS= The Water Resources Committee submitted a written report in connection with the offer of Mr. William H. Martin to deed to the city a small parcel of land, Official Tax No. 2121419, advising that since no conceivable use could be seen for the property, the offer was refused with thanks. (For full text, see report on file in the City Clerk's Office.} Mr. Thomas moved that the report be received and filed. The motion was seconded by Hr. Taubman and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STATE HIGHWAYS-CITY PROPERTY: Ordinance No. 23559 authorizing the sale and conveyance of the fee simple title to a parcel of land containing 2.50 acres, more or less, being the remaining portion of the City's old "poor Farm" property, to the Commonwealth in connection with Highway Project No. 6220-128-105, RW-201, for a consideration of $12,500.00, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Grove offering the following for its second reading and final adoption: (t23559) AN ORDINANCE authorizing the sale and conveyance of the fee simple title to a parcel of land containing 2.50 acres, more or less, being the remaining portion of the City's old "Poor Farm" Property, to the Commonwealth in connection with Highway Project No. 6220-128-102, RW-201, for a consideration of $12,500.00, cash; and, if desired by the Commonwealth, to enter into a purchase option agreement with the Co~onwealth of Virginia. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded hy Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor .............................................................. 6. NAYS: None 0 (Council member Hubard absent) MOTIONS AND MISCELLANEOUS BUSINESS: INDUSTRIES: The Mayor called to the attention of Council that there is a vacancy on the Industrial Development Authority to fill the unexpired term of Mr. E. C. Sanders, resigned, ending October 20, 1977, and called for nominations to fill the vacancy. Mr. Taubman placed in nomination the name of Horace G. Fralin. 343 344 of the Industrial Development Authority of the City of Roanoke, to fill the unexpired term of Hr. E. C. Sanders, resigned, ending October 20, 1977, by the following vote~ Thomas and Mayor Taylor ................................................... 6. {Council member Hubard absent) TOTAL ACTION AGAINST POVERTY IN I~AROKEVALLEYt The Mayor advised that the two year term of Hr. Harold G. Hardy as a representative of the Council to ~he Hoard of Directors Of Total Action Against Poverty in Roanoke Valley will expire on April 30, lg??, and called for nominations to fill the vacancy. Hr. Thomas placed in nomination the name of Harold G. Hardy. ending April 30, 1979, by the following Vote= and Mayor Taylor ................................................................. 6.11 {Council member Hubard absent) certain additional information which was previously unavailable concerning the Con~nission for reconsideration at its next regularly scheduled meeting. The adjourned. City Clerk APPROVED Mayor COURCIL~ REGULAR HEETING, ~k~nday, April 25, 1977. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke~ on~onday, April 25, 1977w at 2 p.m., the regular meeting hourw with Mayor Noel C. Taylor presiding. PRESENT: Council members Elizabeth ?o Bowles~ Robert A. Garland, Lucian Y. Grove~ William $. Hubard~ Nicholas F. Taubman, Hampton Wo Thomas~ and Hayor Noel C. Taylor ................................................7. ABSENT: None ................................................. 0. OFFICERS PP~ESENT: Hr. Byron E. Haner, City Manager; Mr, Sam H. McGhee, III~ Asstst~t City Managers Mr. Joel M. $chlanger, Director of Finance~ Mr. Wllburn C. Dlbllng, Jr., City Attorney~ Hr. James E. Buchholtz, Senior Assistant City Attorney~ and Mrs. Hary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend Drew Mentzerw Pastor, Penn Forest Church of Christ. MINUTES: Copy of the minutes of the regular meeting held on Monday, April 11, 1977, having been furnished each member of Council, on motion of Mrs. Bowles, seconded by Mr. Grove and unanimously adopted, thc reading thereof was dispensed with and the minutes were approved as recorded. PROCLAMATIONS= The Mayor welcomed a group of exchange students of William Fleming High School from the City of Sioux Falls, South Dakota, and presented a proclamation declaring the week of April 24 - 29, 1977, as Sioux Falls Exchange Week in honor of the 36 guests from South Dakota. (For full text, see Proclamatlon on file in the City Clerk's Office.) NEARING OF CITIZENS UPON PUBLIC HATTERS: AIRPORT: Pursuant to notice of advertisement for bids for precision instrument marking R/W 5/23 at Roanoke Municipal Airport, Woodrum Field, ADAP Project NO. 6-51-0045-06, Contract III, said proposals to be received by the City Clerk until 1=30 p.m., Honday, April 25, 1977, and to be read before the Council at 2:00 p.m., on that date, the Mayor asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Hayor instructed the City Clerk to proceed with the opening of the bids~ whereupon, the C£ty Clerk opened and read the one bid received from John A. Hall & Company, Incorporated, in the amount of $14,850.00. Mr. Thomas moved that the bid be referred to a committee to be appointed by the Mayor for study, report and reco~endation to Council. The motion was seconded by Mr. Taubman and unanimously adopted. The Mayor appointed Messrs. Sam H. McGhee, III, Chairman, K. B. Kiser and R. C. Poole as members of the committee. AIRPORT: Pursuant to notice of advertisement for bids for grooving runways 5/23 and 15/33 at Roanoke Municipal Airport, Woodrum Field, ADAP Project No. 6-51-0045-06, Contract II, said proposals to be received by the City Clerk untll 1:30 p.m.~ Monday, April 25, 1977, and to be opened before the Council at 2 p. on that date, the Mayor asked if anyone had any questions about the advertisement 345 346 for bids and no representative present raising any question, the Hayor instructed the City Clerk to proceed with the opening of the bids! whereupon, the City Clerk opened and read the following bids: Central Atlantic Contractors, Inc. $ 154,022.40 Branch & Associates, Inco 167,914,03 Mr. Thonms moved that the bids be referred to a con~lttee to be appointed by the Hayor for tabulation, report and rnconnnendation to Council. The motion was seconded by Hr. Tsubman and unanimously adopted. The Mayor appointed Messrs. Sam H. McGhee, III, Chairman, K. B. Klser and R. C. Poole as members of the committee. SEWBRSAND STORM DRAINS: Pursuant to notice of advertisement for bids for relocation of the 48" Roanoke River Interceptor, Plan No. 5544, said proposals to be received by the City Clerk until 1:30 p.m., Monday, April 25, 1977, and to be opened before the Council at 2 p.m., on that date, the Mayor 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: Lanford Brothers Company, Inc. $ 93,900.00 E. C. Pace & Company 118,200.00 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. Taubman and unanimously adopted. The Mayor appointed Messrs. Sam H. McGhee, III, chairman, K. B. Kiser and Thomas F. Brady as members of the committee. WATER DEPARTMENT-CITY PROPERTY-AIRPORT: Pursuant to notice of advertisement for bids for paint projects at the Valve House at Carvins Cove Dam, the Crystal Spring pump Station, the house at 3017 Lake Street, the Delray Pump Station, Buildings 2 and 3 and Hangar DoOrs at 11 - 16 at the airport, said proposals to be received by the City Clerk until 1:30 p.m., Monday, April 25, 1977, and to be opened before Council at 2 p.m., on that date, the Mayor 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 one bid received from L. R. Brown, Sr., in the amount of $20,687.00. Mr. Thomas ~ved that the bid be referred to a committee to be appointed by the Mayor for study, report and recommendation to Council. The motion was seconded by Mr. Taubman and unanimously adopted. The Mayor appointed Messrs. J. D. Sink, Chairman, William G. Kuthy and WilliamA. Hewitt as members of the committee. PAP~KS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids for alterations and additions at Morningside Park, said proposals to be received by the city Clerk until 1:30 p.m., Monday, April 25, 1977, and to be opened before Council at 2 p.m., on that date, the Mayor 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: Southvest Construction, Inc. - $ 15,350o00 S. Ro Draper Paving Company, Inc. - 15,$69o00 John A. Hall & Company, Inc. - 17,678.00 Blane& White Construction Company - 17,893.00 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. Taubman and unanimously adopted. The Mayor appointed Messrs. WllliamA. Hewltt, Chairman, Harold G. Hardy, a~] ~s. Prances S. Boon as members of the committee. SEWERS AND STORM D~AINSt Pursuant to notice of advertisement for bids for Garden City Boulevard sanitary sewer replacement, Plan No. 5488, said proposals to be received by the City Clerk until 2=00 p.m., Monday, April 25, lg?7, and to be opened before Council at that hour, the Mayor asked if anyone had any questions about the advertisement for bids and no representative present raising any question~ tho Mayor instructed the City Clerk to proceed with the opening of tho bids; whereupon, the City Clerk opened and read the following bids: Lanford Brothers Company, Inc. $ 149,474.00 John A. Hall & Company, Inc. 248,881.48 Mr. Thon~as 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 P~r. Taubman and unanimously adopted. The Mayor appointed Messrs. Sam N. HcGhee, III, Chairman, K. B. Kiser and Thomas F. Hrady as members of the con~ittee. TAP-PLANNING-SWIP~4ING pOOLS: MS. Jayne Thomas, Director, Youth Programs, Total Action Against Poverty, appeared before Council and read a prepared statement in connection with the intention of TAP to maintain the Hurt Park Pool as a collaborative effort between TAP, the co--unity and the City of Roanoke and in order to achieve such collaboration, it is necessary for the city to participate on the followlng matters= "1. Return and install the pool pumps that were removed at the conclusion of the 1976 swimming season. 2. Provide the use of a sump pump for the draining of the pool. 3. Allow TAP to use equipment, such as shepard hooks, pool vacuum cleaners, chemical testing kits, etc., that were used in previous years for the small pools. 4. Permit TAP to refill the pool, once refurbishing and clean- up have been completed, at no cost. Presently the water hook-up is part of the city water system. Often this pool has been filled from fire hydrants near by." She stated that June will convene operation and at the conclusion of the summer activities, the pool and equipment will revert to the City of Roanoke. The City Manager advised that he concurs with the proposal and suggested that Council give favorable consideration. Mr. Hubard moved that the proposal be referred to the City Attorney and the City Manager for preparation of the necessary legal documents. The motion was seconded by Mr. Grove and unanimously adopted. PETITIONS AND COMMUNICATIONS: 347 348 SCHOOLS~ Council at its Financial and Planning Session on Monday, April 18, 1977, having deferred action on a request of the ~oanoke City School Board for $400,000.00 to supplement the appropriation for the new vocational- technical building at William Fleming and Patrick Henry High Schools, pending information from the Board as to whether or not the building can be rebid as two separate facilities, Hr. Lewis H. Nelson, Jr., Vice-Chairman of the Roanoke City School Board, appeared before Council and reiterated the request of the Board for a total appropriation of $782,000.00, which is made up of $400,000.00 for the vocational building and restoration of $382,000°00 which was taken out of the capital account to purchase thirty school buses. He advised that the bids expire on Thursday, April 28th, and whatever action the Council takes today will dictate what happens to the bids. In reply to a question by Councilman Grove, Hr. Nelson stated that member of the Board have informal information avallable to them which would indicate that the bids can be taken separately and still retain the $1 million grant from the State. Mr. Hubard inquired if the Board at its special meeting on April 25th discussed the merits and demerits of rejecting all bids and rebiddlng the project on a two bid basis, to which Hr. Nelson replied in the negative. In clarification he stated that part of the reason may have been that the information received was not addressed in the formal fashion that the Board felt it could hold air tight. Mr. Bubard then asked if the Board is going to leave the matter as it stands or, if it is going to pursue whether or not, in fact, the facilities can be rebld on a two bid basic. He asked if it is the intent of the Board to accept the low bid of $3.9 million, advising that we are talklng about substantial dollars, and for lack of a formal cormnunicatlon from the State, that is a rather precipitous action. He then suggested that Council meet in special session later in the week, after which time the Board should have received formal response from the State as to whether or not the building can be rebld separately, in order for the two bodies to appropriately resolve the matter. Mr. Thomas stated that he agrees with Hr. Hubard, advising that initially the city thought it was going to get $2 milllon for the vocational centers from the State, but now it appears the Council is in a posture of having to provide the funds or deny the request, and moved that the request of the Board for additional funds be denied. The motion was seconded by Hr. Grove. Mr. Garland expressed concern that if the project is rebid separately, the bids may be even higher. Mr. Daniel E. Wooldridge, member of the School Board, read a letter from Mr. Melvin H. Garner, Director of the Division of Vocational Education, written to Dr. Pack under date of April 20th stating that Roanoke City will be granted a maximum of $1 million and, in order to qualify for the maximum grant, it will be necessary to bid and construct the two campuses as one vocational center for Roanoke City. He also read a communication from Mr. Garner to Mr. Joseph K. Ingram, member of the School Board, dated April 22, 1977, pointing out that it was determined a year ago, in order for Roanoke City to receive the greatest benefit from the federal vocational funds available to assist in the construction of vocational facilities, the following procedure would need to be followed: 1. ~o campuses ~ould have to be declared as one vocational center in order to be classified as an area vocational school and to become eligible for funding. 2.That the t~o campuses be bid and contracted aa one vocational center. 3. That since the maxim~a federal dollars available was one million dollars, it ~ould be applied to the total project for matching. The letter further stated ~hat in order to achieve the meximmabenefit from the grant, it would be necessary to bid the contract for the t~o campuses as one vocational center, that it ~ould be possible to bid the facility separately and award separate contracts, however, such a procedure would create additional problems and might result in additional costs. There was discussion as to dividing the bid into two parts; separate bids for the north campus and the south campus and a combination bid for the two campuses; whereupon~ ~tr. Wooldridge stated that there has been no consideration or discussion by the Board in bidding them separately. Hr. Robert A. Young, vocational education teacher, appeared before Council and expressed concern on behalf of the students who desperately need this program now and cited various instances of successful achievements in vocatlonal education by students who did not wish to pursue a college education. At this point, the Hayor requested a roll call on the ~otion on the floor; whereupon, the following vote was recorded: AYES: Council members Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................................ NAYS: Council members Bowles and Garland .....................2. Mr. J. R. Graybill, Principal of Patrick Henry High School, and Mr. James C. Wood, Principal of William Fleming High School, appeared before Councll and spoke in support of adequate vocational centers and urged that con- struction not be delayed any longer. At the suggestion of the Mayor, Hr. Thomas moved that the Mayor be requested to call a special meeting of Council with the Roanoke City School Board for Wednesday, Aprll 27, 1977, at 2:00 p.m., to further discuss the matter. The motion was seconded by Mr. Taubman and unanimously adopted. ANNEXATION: A communication from Mr. Jerry L. Gwaltney, Assistant City Manager, Salem, Virginia, transmitting copy of Resolution No. 302 adopted by Salem City Council on April 11, 1977, concerning consolidation, advising that Resolution No. 23562 of the City of Roanoke has been received and filed with no further action inasmuch as the Salem City Council does not believe consolidation with the City of Roanoke at this time is in the best interest of the citizens of the City of Salem and would be a nugatory procedure, was before Council. (For full text, see Resolution on file in the City Clerk's Office.) Hr. Hubard moved that the Resolution be received and filed. The motion was seconded by Mrs. Bowles and unanimously adopted. REPORTS OF OFFICERS: REGIONAL JAIL: The City Manager submitted a written report presenting plans, specifications and other pertinent data with respect to proposed constructior of a new jail complex, recommending approval thereof and authorization to proceed with obtaining bids. 349 35O (For full text, see report on file in the City Clerk's Office,) Hr. Thomas inquired If the project has been advertised for bids, whereupon the Clty Hanager replied that bids are scheduled to be opened before Council on May 23, 1977. ~. Thomas asked the City Hanager why he was bringing this matter to Council no. when the bide have been advertised and the City Manager replied that any changes Council wishes to make could be handled through an addendum. Ee advised that the plans are the same as these Council approved in the preliminary stages on at least two occasions in the past. The Mayor stated that any project of this ~agnitude should not be advertised for bids until it has received the Council's stamp of approval and he hopes this will be understood by the administration in the future. Mr. John A. Marfleet, representing Hayes, Ssay, Mattern and Mattern, Architects and Engineers, advised that there ie approximately four weeks before bids will he received and during that time two addenda will be issued for small changes, that the procedure which has been followed is normal and if Council finds, in its review, that there are items it would llke to alter or modify, then it is normal procedure to include this as an addendum, or if it becomes necessary, the bidding time can be extended. Mr. Thomas stated that he understands what the administration is saying, that it is still within the prerogative of Council to change the design, but this would be at considerable cost to the taxpayers, that the Council has been ~ypasseu anu when ~ne Council is bypasseu, ~e citizens are bypassed. Mr. Marfleet replied that a meeting was held in his office four weeks ago with the city administration to review the plans, that it is not their intent to bypass the Council in any way, and they are amenable to any changes Council might care to make. Mr. Hubard moved that the plans be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. PARKS AND pLAYGROUNDS: The City Manager submitted a written report in connection with the request of residents of the Forest Park Boulevard area for construction of a fence around Villa Heights Park, advising that as a result of studies of the matter, the administration cannot justify the city's installing this fence to preclude trespassing on private property. (For full text, see report on file in the City Clerk's Office.) Mr. Hubard moved that the report be received and concurred in by Council. The motion was seconded by Mr. Garland and unanimously adopted. EASEMENTS-WATER DEPARTMENT: The City Manager submitted a written report advising of an offer of Mr. George D. Cart to donate a water line easement across property on Barnett Road if the City will, on a onetime basis, waive the requirement for payment of a $200.00 service connection fee and a $50.00 meter fee, reco~ending concurrence in the request and authorization to execute a Deed of Easement for the permanent and associated temporary easements. (For full text, see report on file in the City Clerk's office.) Mr. Taubman offered the following Resolution in accordance with the City Manager's report: (%21572) AN ORDINANCE accepting the grant of a perpetual easement for a water line through and across that parcel of land belonging to George Donald and Sylvia G. Cart, lying and being In the City of Roanoke, ¥1rglnla, and designate as Official Tax No. 6ii0114; upon certain terms and conditions; and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 44, page 11.) Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES= Council members Bowies, Garland, Grove, Hubard, Taubman, Thomas and Hayor Taylor ................................................... 7. NAYS= None 0 COMPENSATION BOARD-BUDGET-PAy PLAN= The City Manager submitted a written report recon~endlng that Council by Resolution advise the State Compen- sation Board of the proposed 7 1/2% pay increase for all city employees so they may have this information when determining pay increases for constitutional officers and their employees. (For full text, see report on file in the City Clerk's Office.) Mr. Garland moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Grove and unanimously adopted. E~JIPMENT-FI~E DEPARTMENT= Council at its Financial and Planning Session on April 18, 1977, having deferred action on a report of the City Manager recommending purchase of a fire truck and certain construction equipment pending receipt of the following information= amount of funds included in the budget, the firehouse in which this equipment will be assigned; is it a new fire truck or a replacement, and why the fire truck cannot be purchased next year, the City Manager submitted a written report containing the requested information. (For full text, see reports on file in the City Clerk's Office.) Mr. Taubman moved that the reports be received and filed. The motion was seconded by Hr. Bubard and unanimously adopted. Mr. Taubman offered the following emergency Ordinance accepting the proposals of Fire Equipment Supply Company, Incorporated, and Baker Brothers, Incorporated: (%23573) AN ORDINANCE providing for the purchase of certain vehicular equipment for use by the City, upon certain terms and conditions, by accepting certain bids made to the City for furnishing and delivering said vehicular equipment; providing for the issuance of requisite purchase orders for such equipment; rejecting certain bids made to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 12.) Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................ NAYS: None .................................................. 351 .'352 Mr. Taubman offered the following emergency Ordinance decreasing Vehicula: Equll~n~nt under Section ~1347, "Fire l)epartment,· by $95,000.00, decreasing Operational and Construction Equipment under Section 11605, ·Utility Line Facilitie~ · by $$8,000.00, and appropriating $100,832.40 to Vehicular Equipm~nt and $62,167.60 to Operational & Construction Squipment under Section tl6?l, "Motorized Vehicle Maintenance,· of the 1976-77 budget, to provide funds in connection with acquieitlo* of the fire truck= (~23574) AN ORDINANCE to amend and reordain certain sections of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Bubard and adopted by the following vote= AYES~ Counci! me~bers Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. NAYS= None .................................................. 0. EQUIPMENT= The City Manager submitted a written report concurring in a report of the Bid Co~lttee in connection with the purchase of forklift trucks for the civic Center and Purchasing and Materials Control Division, recommend- ing that the bids of Baight Engineering Company, Incorporated, in the amount of $11,605.00 and $10,736.00 be accepted. (For full text, see reports on file in the City Clerk's Office.) Mr. hubaru offerea the foliowin9 emergency Ordinance accepting the proposals of Haight Engineering Company, Incorporated: (%23575) AN ORDINANCE providing for the purchase of certain vehicular equipment for use by the City, upon certain terms and conditions, by accepting certain bids made to the City for furnishing and delivering said vehicular equipment providing for the issuance of requisite purchase orders for such equipment; rejecting certain bids made to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 15.) Mr. Bubard moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. 7. NAYS: None ...................................................0. COUNCIL: The City Manager submitted a written report requesting an Executive Session immediately following the meeting to discuss a matter of potential litigation. Mr. Garland moved that Council meet in Executive Session with the city Manager on a matter Of potential litigation. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. COOPERATIVE AREAMANPOWER pLANNING COUNCIL: The City Manager submitted a written report recommending that the City of Roanoke continue to participate in the Roanoke Consortium for Manpower Services for the forseeable future so that our neighbors might be able to have some control over their destinies with respect to participation in the Manpower Program. {For full text, see report on file in the city Clerk*s Office.) Hr. Hubard moved that the report be received and concurred in by Council. The motion was seconded by Mr. Taubman and unanimously adopted. SCHOOLS-STREETS AND ALLEYS= The City Attorney submitted a written report in connection with requests of the Roanoke City School Board that Council consent to the closing by the School Board Of a drive which had been constructed as part of the Patrick Henry Nigh School plant, and that Council dedicate a portion of Shrine Hill Park for school purposes, advising that since the City Manager pointed out to the Council that the aforesaid drive was an access drive for school purposes and not a public thoroughfare and that the decision to close the drive lays with the School Board, no formal action by the Council on this matter is required; and in order to handle the matter in reference to dedicating a portion of Shrine Hill Park for school purposes, it is necessary to have a metes and bounds description to properly identify the property and once the City Engineer's Office prepares the plat, his office will i~ediately prepare the necessary measure for Council's coesideration. (For full text, see report on file in the City Clerk's office.) Mr. Hubard moved that Council receive and concur in the report. The motion was seconded by Mr. Garland and unanimously adopted. CITY EMPLOYEES-LABOR UNIONS= The City Attorney submitted a written report suggesting the followlng three specific policies and procedures to be established for application to persons desiring to speak on behalf of others at public meetings of the Council= "1. Council grants official recognition to no employee labor organization nor does Councll recognize any person or organization as representative of all the employees in any employee unit. 2. Persons desiring to be heard on behalf of others at Council meetings must be placed on the official agenda prepared by the Clerk. The portion of the Council's agenda reserved for hearing of citizens provides an opportunity for citizens to speak on their own behalf alone. 3. Council reserves the right to place a time limit on oral presentations of all persons to Council and such time limit shall be within the sound discretion of the Mayor." Mr. Hubard moved that Council receive and concur in the report. The motion was seconded by Mr. Taubman and unanimously adopted. Mr. Garland moved that the City Attorney be instructed to prepare the proper measure incorporating the three points contained in the report. The motion was seconded by Mr. Bubard and unanimously adopted. BUDGET-PUBLIC WELFAP~E: The Director of Finance submitted a statement of expenditures for public welfare for the month ended March 31, 1977. (For full text, see statement on file in the City Clerk's Office.) Mr. Hubard moved that the statement be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. STREETS AND ALLEYS: The City Planning Comm/ssion submitted a written report in connection with the request of Roanoke Iron and Bridge Works, Incorporated recommending that the alley beginning on the easterly side of South Jefferson 353 354 Street and proceeding in a southeasterly direction, approximately 125 feet to the intersection with another alley as shown on Official Appraisal Map 403, ~unning between Lots 3 and 4, Block 3, be vacated, discontinued and closed, and that the alley beginning on the northerly side of Mlllia~son Road, S. E., approximately 130 feet southeast from the intersection of Williamson Road, S. E., and South Jefferson Street, and proceeding in a northwesterly direction to the Southwest Expressway between Lots 3 and 4, and Lot 9, Block 3, be vacated, discontinued and closed, be granted. (For full text, see report on file In the City Clerk*s Office.) Mr. Thomas moved that Council hold a public hearing on the request at 7=3 p.m., Monday, June Il, 1977. The motion was seconded by Mr. Hubard and unanimousl adopted. REPORTS OF COMMITTEES: AUDIT COMMITTEE-MUNICIPAL AUDITOR: The Minutes of the Audit Committee meeting held on April 18, 1977, were before Council. [For full text, see Minutes on file in the City Clerk's Office.) Mr. Hubard moved that the Minutes be received and filed and that Cotmcil concur in the recommended procedures for establishing applicant eligibility and accountability for public funds appropriated by Council to non-governmental agencies, institutions and organizations. The motion was seconded by Mr. Taubman and unanimously adopted. AUDIT CO}~4ITTEE-PEN$IONS-AUDITS: Mr. Hubard, Chairman of the Audit Committee, presented a report of the Committee recommending the engagement of Faine, Harrell & Larmer to perform an audit of the financial records of the Employees' Retirement System of the City of Roanoke, at a maximum fee of $2,075.00. (For full text, see report on file in the City Clerk's Office.) Mr. Hubard moved that Council concur in the reconu~endation and that the report be referred to the City Attorney for preparation of the proper measure authorizing a one year contract. The motion was seconded by Mr. Grove and unanimously adopted. CITY EMPLOYEES-PENSIONS: The Board of Trustees, Employees' Retirement System, submitted a written report in connection with a communication from Mr. D. W. Graham relative to refund of personal contributions to the Employees' Retirement System, advising that actions taken were proper and no changes are recommended to the City Code. (For full text, see report on file in the City Clerk's Office.) Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Garland and unanimously adopted. PENSIONS: The Board of Trustees, Employees' Retirement System, submitted a written report transmitting a Resolution adopted by the Board in connection with changing the conlnon stock ratio frc~ 35% to 30% and advising that the Board voted to assume an interest rate of 6% for fiscal year 1978 and that has been incorporated into the City Manager's budget. [For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that the report be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. PENSIONS: The Board of Trustees~ Employees' Retirement System~ submitted a written report in connection with the comparability between the Bmployees" Retirement System and the State Supplemental Retirement System, recon=~ending that no further action is necessary in view of a communication from Mr. Glen D. Pondt Director~ Virginia Supplemental Retirement System. (For full text, see report on file in the City Clerkls Office.) Hr. Hubard moved that the report be received and filed. The motion was seconded byMr. Thomas and unanimously adopted. BUDGET-tFOHAN RESOURCES COMMITTEE: The Human Resources Committee submitte~ a written report recon~endlng that $200.00 be appropriated to The Children's Nome Society of Virginia to permit continuation until the end of the present school year of a program of counselling and social worker service to teenage mothers assisting them to remain in and complete high school. (For full text, see report on file in the City Clerk's Office.) Hr. Grove offered the following emergency Ordinance transferring $200.00 from Contingency Funds to Children's Home Society of Virginia, Humanitarian and Social Programs, of the 1976-77 budget= (123576) AN ORDINANCE to amend and reordain Section %1832, 'Contri- butlons and Subsidies,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see ordinance Book NO. 44, page 16.) Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES= Council members Bowies, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. HUMAN RIiSOURCES COMMITTEE= The Human Resources Committee submitted a written report in connection with a request of a committee of Roanoke Valley Council of Community Services, Community Coordinated Child Care (4-C), for $500.00 to assist in highlighting a childrenls health fair on May 21, 197~, including an honorarium for a nationally recognized psychiatrist and educator, recommending that the request be received and filed without action. (For full text, see report on file in the City Clerk's Office.) Mr. Bubard moved that the report be received and concurred in by Council. The motion was seconded by Hr. Taubman and unanimously adopted. Colmnittee WATER DEPARTMENT: Hr. Thomas, Chairman of the Water Resources submitted a written report of the Committee recommending adoption of the appropriatell measure authorizing the City Manager to execute necessary documents to purchase the Rtdgewood Heights Water Company for a consideration of $67,500.00, upon certain terms and conditions, and the New Hope Water Company for a consideration Of $41,613.91, upon certain terms and conditions. (For full text, see report on file in the City Clerk's office.} Mr. Thomas offered the following emergency Ordinance authorizing the City's offer to purchase the Ridgewood Heights Water Company, Incorporated: 355 '356 (t23577) AR ORDINARCE authorizing the Clty*s offer to purchase from the Rldgewood Heights Water Company, Inc.~ assets of its private water system located in the City for a consideration of $67,500,00, upon certain terms and conditions! and providing for an emergency. (For full text of Ordinancej see Ordinance Book NO. 44w page }tr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following votes AYF~= Council members Bowles, Garlandw Grove~ Hubard~ Taubman~ Thomas and Mayor Taylor .................................................. 7. NAYS= None ....................................................0. Mr. Thomas offered the following emergency Ordinance authorizing the City's offer to purchase the New Nope Water Company= (t23578) AN O~DINANCE authorizing the City's offer to purchase from the New Hope Water Company, assets of its private water system, upon certain terms and conditions~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 18.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. $~ATER DEPARTMENT= Mr. Thomas, Chairman Of the Water Resources Committee, submitted s written report of the Co~=nittee in corunection with the adoption of a proposed Wastewater Code, transmitting three certain recommendations in connection therewith. (For full text, see report on file in the City Clerk*s Office.) Mr. Thomas moved that the City Attorney he instructed to prepare the proper measure adopting the Wastewater code. The motion was seconded by Mr. Taubmsn and unanimously adopted. Mr. Thomas further moved that the City Attorney he instructed to prepare the proper measure transmitting a copy of the adopted Code to other local governmeni with whom the City has contracted for sewage treatment, and request them to adopt a similar provision in keeping with the 1972 sewage treatment contracts and federal regulations governing Industrial Capital Recovery Charges. The motion was seconded by Mr. Taubman and unanimously adopted. Mr. Thomas further moved that the City Attorney be instructed to prepare the proper measure adopting the fees given for Class I User Chargest Class II User Surcharges and fees show~ for Class III Industrial Cost Recovery Charges as a maximum amount to be imposed for these Class III Charges with the Offices of the City Mansger and the Director Of Finance applylng the portion of the charge that is applicable as each sewerage grant project becomes complete, and the Administration is to notify the Chief Executive Officer of the other appropriate local governments of that portion of the Class III Charges that are appropriate to be collected from those jurisdictions aS a result of the joint use projects, and remitted to the City for accounting purposes. The motion was seconded by Mr. Huhard and unanimously adopted. HOUSING-SLUMCLEAP~/gCH= A report of the Fair Housing Board advising of its quarterly meeting and election of a new chairma~ and vice chairman, and requesting Council to fill the vacancy created by the resignation of the Reverend Hetz ?o Coke~ as soon as possible~ ~as before the body, (For full text, see report on file in the City Clerk's Office.) Hr. Hubard moved that the report be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. (For action on the vacancy, see page 353.) WATER DEPARTHENT~ A committee appointed to study bids received for chlorinator and related work at CarVins Cove Dam Valve House submitted a written report recommending that the one bid received be rejected due to a change in the design of the power source and the subsequent increased anticipated price. {For full text, see report on file in the City Clerk's Office.) In this connection, the City Manager submitted a written report concurrin~ in the above report and advising that the ad~inistration will seek alternate more economical means of accomplishing the work, (For full text, see report on file in the City Clerk's Office.] Mr. Grove moved that the City Manager's report be received and filed. The motion was seconded by Hr. Taubman and unanimously adopted. Mr. Thomas offered the following Resolution rejecting the bid: (123579) A RESOLUTION rejecting the bid received for constructing a power source to Carvins Cove Dam and installing a small water pump and chlorinator. (For full text of Resolution, see Resolution Book No. 44, page 19.) Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Subard, Taubman, Thomas and Mayor Taylor ................................................... NAYS: None 0 UNFINISHED BUSINESS: EQUIPMENT: Council having adopted Ordinance No. 23558 accepting the proposal of Motorola Communications and Electronics, Incorporated, for supplying various types of two-way radio equipment, and in that connection inquired, when the City knows it wants a certain brand of equipment, if it can legally order that equipment rather tha~ qo through the process of formal bidding, and the City Manager called attention to Section 40 of the City Charter and Title 5, Chapter l, Section 5 of the City Code which sets forth the bidding procedures that must be adhered to by the administration. Council at that time discussed the economics of standardization of equipment and instructed the City Manager to review Section 40 of the City Charter and Title 5, Chapter 1, Section 5 of the City Code and advise the Council at its meeting on Monday, April 25, 1977, as to his suggestions pertaining to revision of same, the matter was before the body. In this connection, the City Manager stated that he has not had time to compile the report and requested additional time in which to respond. Hr. Hubard moved that the City Manager be instructed to submit his report to the Cotmcil on Monday, May 16, 1977. The motion was seconded by Hr. Grove and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. 357 358 INTRODUCTION~ND CONSIDERATIOH OF O~DIH~/~CES ~D I~SOLUTIONS~ ZONING~ Ordinance No. 23563 rezoning property located in the 2700 block of Colonial Avenue, $o W., described as Lots 5, 6 and 7, Block 6, Hap of Section RO. 3, Oa~nont, Official Tax Nos. 1260805, 1260806 and 1260807, from 3, Single-Family Residential District, to C-l, Office and Institutional District, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, H~. Hubard offering the following for its second reading and final adoptions (i23563) ~ ORDIRA~CE to amend Title XV, Chapter 4.1, Section 2, of The code of the City of Roanoke, 1956, as amended, and Sheet No. 126, Sectional 1976 Zone Hap, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see ordinance Book No. 44, page 5.) Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following votes AYES~ Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... NAYS= None ..................................................... ZONING: Ordinance No. 23564 rezoning property located at 2107 Broad- way Avenue, $. W., described as Lot C according to the map of F. M. Reynolds of record in Deed Book 369, page 84, and being also Lot 43 and the eastern part of Lot 42, Section 12, Map of Crystal spring Land Company, Official Tax No. 1050229, from RG-1, General Kesiden=ial District, to C-l, Office and 3nstitutional District,! having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Grove offering the following for its second reading and final adoption: (%23564) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 105, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 44, page 6.) In this connection, Dr. Roger M. Winborne, Jr., appeared before Council and read a prepared statement in opposition to the rezoning and requested further review and consideration of the matter. (For full text, see statement On file in the City Clerk's Office.) After a discussion of ~he matter, Hr. Grove moved the adoption of Ordinance No. 23564 on its second reading. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. 7. RAYS: None .................................................. 0. Hr. Grove moved that Dr. winborne's statement be received and filed. The motion was seconded by Hr. Hubard and unanimously adopted. STREETS AND ALL~YSs Ordinance No. 23565 permanently vacating, dis- continuing and closing all of that certain alley extending in a southerly direction from Luck Avenue, S. W., along the eastern boundaries of Lots I - 5, inclusive, Word Map, and thence in a westerly direction along the southern boundazy of Lot 5, Word Map, to 3 1/2 Street, s. W., having previously been before the Council for its first reading~ read and adopted on its first reading and laid over~ was again before the body~ ~r. Hubard offering the following for its second reading and final adoption= (%23565) AN ORDINANCE permanently vacating and closing an alley along the eastern boundaries of Lots I through 5, inclusivet Word Hap and the southern boundary of Lot 5t Word Hap. {For full text of Ordinance, see Ordinance Book Noo 44, page ?.) H~o Hubard moved the adoption Of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following vote= AYES= Council m~mbers Bowles, Garland, Grove, Hubard, Taubman~ Thomas and Hayor Taylor .................................................... NAYS= None ......................................................0. STREETS AND ALLEYS-REGIONAL JAIL: Ordinance No. 23566 permanently vacating, dlscontinulng and closing a segment of an existing alley tn the courthouse complex site, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Taubman offering the following for its second reading and final adoption= (%23566) AN ORDINANCE permanently vacating, discontinuing and closlng a certain 10-foot wide a33ey, approximately 225 feet in length, adjacent to the westerly side of the City's Juvenile and Domestic Relations Court Huildlng, as is more particularly described hereinafter. (For full text of Ordinance, see Ordinance Hook No. 44, page 9.) Hr. Taubman moved the adoption Of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the followlng vote= AYES: Council members Howles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. NAYS: None ...................................................0. WATER DHPARTM~T= Ordinance No. 23569 authorizing the lease of certain property known as the Sun Valley Swim Club and Campground in the Back Creek area, Roanoke County, upon certain ter~ns and conditions, to Herbert A. Arnold and Leo D. Hurnette, having previously been before the Council for its first readlng, read and adopted on its first reading and laid over, was again before the body, Mr. Thomas offering the following for its second reading and final adoption: (%23569) AN ORDINANCE authorizing the lease of certain property known as the Sun Valley Sw~m Club and Campground in the Hack Creek area, Roanoke County, upon certain terms and conditions. (For full text Of Ordinance, see Ordinance Hook No. 44, page Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Howles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. COUNCIL= Council having previously agreed to ho3d a public hearing and adopt the fiscal year 1977-78 budget on Hay 31, 1977, Hr. Grove offered the following Resolution fixing a special meeting of the Councll for 2 p.m., Tuesday, May 31, 1977, in the Council Chambers: 359 360 (t23580) A RESOLUTION fixing the date of a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 44, page 19.) Kc. Grove moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garlandw Grovew Nubard~ Taubman~ Thomas and Mayor Taylor ................................................... NAYS: None .....................................................0. INDUSTRIES: Council having previously elected Mr. Horace Go Fralin as a Director of the Industrial D~velopment Authority to fill the unexpired term of Kc. E. C. Sanders, resigned, ending October 20, 1977~ Kc. Thomas offered the following Resolution: {$23581} A RESOLUTION appointing a director of the Industrial Developmen Authority of the City of Roanoke, Virginia, to fill an unexpired term on its board of directors. (For full text of Resolution, see Resolution Book No. 44, page 20.) Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Kc. Taubman and adopted by the followlng vote~ AYES: Councll members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ................................................. NAYS= None ...................................................0. BUDGET: Council at its Financial and planning Session on Monday, April 18, 1977, having instructed the City Attorney to prepare the proper measure appropriating or transferring funds pursuant to the requests of certain officers and individuals, (see minutes of April 18, 1977}, Mr. Taubman offered the followlng emergency Ordinance providing for appropriations and/or transfers within the following accounts: Education $1901, Transfers to Other Funds 11855, Street Maintenance $1658, Snow Removal $1675, Grounds Maintenance $1666, Police Depart- ment $1345, Motorized Vehicle Maintenance S1671, Contingencies $1880, Miscellaneous $1850, and Council $0101= (S23582) AN ORDINANCE to amend and reordain certain sections of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 44, page 20.) Kc. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ................................................. 7. NAYS: None ...................................................0. BUDGET-SEWE~ AND STOIqM DRAINS: Council at its Financial and Planning Session on Monday, April 18, 1977, having instructed the City Attorney to prepare the proper measure appropriating $8,865.20 to Section $2405, 'Plant Expansion,' of the 1976-77 budget, to provide funds in connection with Change Order NO. 5 to the contract with Pizzagallt Construction Company for expansion of primary treatmeE facilities and construction of a 30 million gallon retention basin at the Sewage Treatment Plant, Mr. Thomas offered the following emergency Ordinance: (123583) AN ORDInaNCE to amend and reordain Section %2405, 'Plant Expansionw' of the 1976-77 Sewage Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44w page 21.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Oarland~ Grove~ Hubard, Taubman, Thomas and Mayor Taylor ................................................... NAYS: None ...................~ ................................. 0. POLICE DEPARTMENT-GRANTS: Council at 1ts Financial and Planning Session on Monday, April 18~ 1977~ having instructed the City Attorney to prepare the proper measure authorizing the acceptance~ execution and filing of a grant with the Division of Justice and Crime Prevention for federal funds for continuation of the Police Academy through February, 1979, he presented same; whereupon, Mr. Hubard offered the following Resolution: (%23584) 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 the Police Academy through February, 1979. (For full text of Resolution, see Resolution Book NO. 44, page 22.) Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS: None .....................................................0. Mr. Thomas offered the following emergency Ordinance transferring $2,427.00 from Local Option/Contingencies to Swimming Pool Facilities under Section %6846, "Community Development Block Grant," and appropriating $8,370.00 to Transfer Professional Services, $4,929.00 to Educational Trans. and Per Diem, $11,705.00 to Materials & Supplies and $4,996.00 to Other Equipment under Section %7417, "Police Training 76-A3967" of the 1976-77 Grant Program account: (%23585) AN ORDINANCE to amend and reordain the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 23.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Rubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................... NAYS: None ......................................................0. pLANNING-GRANTS: Council at its Financial and Planning Session on Monday, April 18, 1977, having instructed the City Attorney to prepare the proper measure concurring in the City Manager's recon~endation that the priority for publicly assisted housing be the provision of new housing for the elderly and physically handicapped and rehabilitatlon of existing housing, he presented same; whereupon, Mr. Grove offered the following Resolution: 361 362 (~23586) A RESOLUTION concurring in the recommendation of the City Manager that the priority for publicly assisted housing be the provision of new housing for the elderly and physically handicapped and rehabilitation of exlatlng housing. (For full text of Resolution, see Resolution Book No. 44, page Hr. Grove moved ths adoption of the Resolution. The motion was seconded by Hr. Taubman and adopted by the following vote: AYES: Council members Bowles~ Garlandw Orove~ Hubard, Taubman, Thomas and Mayor Taylor .................................................. ~AYS: None ....................................................0. FLOODS-HURRICANES-P~D CROSS: Mr. Hubard offered the following Resolution calling on citizens of the City of Roanoke to~ake monetary contri- butions to the Roanoke Valley Chapter of the Amerlcan Red Cross for the benefit of the victims of the recent flood in Southwest Virginia= ([23587) A RESOLUTION calling on citizens of the City of Roanoke to make monetary contribution to the Roanoke Valley Chapter of the American Red Cross for the benefit of the victims of the recent flood in Southwest Virginia. (For full text of Resolutlon, see Resolution Book No. 44~ page 24.) Mr. Nubard moved the adoption Of the Resolution. The motion was seconded by Hr. Taubman and adopted by the followlng vote: AYES: Council members Bowles, Garland, Grove, Babard~ Taubman, Thomas and Mayor Taylor ..................................................... NAYS: None ........................................................ 0. BUSES: Mr. Taubman offered the following Resolution concurring in and approving the fillng by Greater Roanoke Transit Company of an application with the U. S. Department of Transportation, Urban Mass Transportation Administration, seeking capital improvement funds for Fiscal 1978, pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended: (%23588) A RESOLUTION concurring in and approving the filing by Greater Roanoke Transit Company of an appllcation with the U. S. Department Of Transporta- tion, Urban Mass Transportation Administration, seeking capital improvement funds for Fiscal 1978, pursuant to Section 5 Of the Urban Mass Transportation Act of 1964, as amended. (For full text of Resolution, see Resolution Book No. 44w page 25.} Mr. Taubman moved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the follewlng vote: AYES: Council members Grove, Bubard, Taubman and Mayor Taylor ....4. NAYS: Council members Bowles, Garland and Thomas .................3. MOTIONS AND MISCELLANEOUS BUSINESS: YOUTH COMMISSION: The Mayor called to the attention of Council that the two year term of Ms. Nancy Lawson as a member of the Youth Comission will expire on April 30, 1977, and called for nominations to fill the vacancy. Mr. Hubard placed in nomination the name of Ms. Nancy Lawson. There being no further nominations, Ms. Lawson was reelected as a member of the Youth Co~nlsslon for a term of two years ending April 30, 1981, by the following vote: FOR MS. LAWSON: Council members Bowles, Garland, Grove, Hubard, Taul~nan, Thomas and Hayer Taylor ............................................ 7. HOUSING-SLUHCLEARANCE= The Hayer called to the attention of Council that there is a vacancy on the Fair Housing Hoard created by the resignation of the Reverend Metz T. Coker for a two year term ending Hatch 31, 1977, and called for nominations to f111 the vacancy. Hr. Taubman placed in nomination the name of Mr. Dennis Montgomery. There being no further nominations, Mr. Montgomery was elected as a member of the Fair Housing Hoard to fill the unexpired term of the P~verend Metz T. Coker for a term ending March 31, 1977, by the following vote: FORM R. MONTGOMERy: Council members BOwles, Garland, Grove, Hubard, Taub~n, Thomas and Mayor Taylor .........................................?. OTHER REARINGS OF CITIZENS: GARBAGE RF24OV~-CITIZEN'S ENVIRONMENTAL COUNCIL: Mr. Grove reminded the members of Council that Ms. Marylyn L. Williams, Coordinator for the Charlotte, Worth Carolina Committee, will he present on Wednesday, April 27, 1977t to make a presentation concerning the efforts of the City of Charlotte toward a Clean Community System and he urged that each me~ber of Councll either attend the presentation on Wednesday night at 7:30 p.m., in the Council Chamber, or be his guest at the Kiwanis Club luncheon at 12:30 p.m., on that date, at which time Ms. Willia~L~ will also make the presentation. There being no further business, the Mayor declared the meeting adjourned. APPROVED ATTEST: City Clerk Mayor 363 369' COUNCIL, SPECIAL NE~'TING~ Wednesday, April 27~ 19'/7. The Council of the City of Roanoke and the Roanoke City School Board met in Joint s~ecial meeting on Wednesday, April 2?, 1977, at 2=00 the Civil Defense Ro~a of the Municipal Building, City of Roanoke, wif-h Hayor Noel C. Taylor and Vice-ChairmanLewis M. Nelson, Jr., presiding. CITY COUNCILM~MBERS PRESENT= Mrs. Elizabeth T. Bowles, Messrs. Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Taubm~ll, Hampton W. Thomas and Mayor Noel C. Taylor .............................. 7. ABSENT= None .................................................0. OFFICERS PRESENT= Mr. Harold G. Hardy, Assistant to the City Manager for Community Relatlons~ Mr. Kit B. Ktser, Director of Utilities and Operations~ Mr. Wilburn C. Dibling, Jr., City Atto~ey~ Mr. James E. Buehholtz, Senior A~sistant City Attorney~ Hr. Joel M. Schlanger, Director of Finance; Mr. John H. Mitchell, Senior Assistant Director of Ftnance~ and Mrs. Mary F. Parker, City Clerk. SCHOOL BOARD MEHBERS PRESENT= Mr. Max A. Be~nuan, Mr. James W. Burke, Jr., Mr. Joseph K. Ingram, Miss Leila Stalker, Mr. Daniel E. Wooldridge, and Vice-Chairman Lewis M. Nelson ............................. ABSENT: Chairman Wendell H. Butler ............. OFFICERS PRESENT= Dr. M. D. Pack, Superintendent of Schools~ ~r. Paul B. Foster, Administrator of General Services; and Mr. William L. Murray, Jr., Assistant Director of Finance. SCHOOLSt The Mayor advised that the special meeting was called for the purpose o£ discussing the proposed vocatlonal-technical centers for William Fleming and Patrick Henry High Schools. He then turned the meeting over to the Vice-Chairman of the School Board for a presentation relative to the action of the Board at its meeting on Tuesday, Aprll 26, 1977. The Vice-Chairman advised that the Board discussed the suggestion of Council pertaining to rebidding the two campuses as separate projects, however, the majority of the Board feels that the risk involved in not accepting the low bid would be too great, that the Board approved the revised plans presented by the Superintendent, subject to approval by Council of $382,000.00 which is requested to be appropriated to the school capital account that would allow the Board to accept the low bid on the vocational-technical buildlngs and will take care of anticipated equipment needs for the centers, and will also allow the Board to pay for the school buses which have already been ordered. Mr. Grove recon~ended that the School Board request a 45 day extension on the low bid in order that the contractor and the architects might get together and review the plans in an effort to come up with a plan that might be ~re acceptable in all directions. He stated that there~ay be areas where the plans could be pared back that are not quite as obvious as others with the idea of being able to get the necessary square footage, meet the basic needs and still come within the $3 million which was originally planned for the bulldings~ that this procedure will qive the Council more time on the overall budget process to know where it stands financially and will provide more input from all viewpoints. The Vice-Chairman advised that he has a letter from the low bidder agreeing to a two week extension with no penalty~ but beyond that point the city would have to indemnify him for any increase in materials and labor costs that might occur. Se stated that if two weeks will be of benefit to the Council, then the Board will agree to that. Upon question by Council as to funding the additional the Director of Finance advised that he feels reasonably certain there will be a surplus in the budget at the end of this fiscal year, however, at this point he cannot guess what that surplus will be. He noted that Mr. Grove's recommendatiol to request a 45 - 60 day extension on the low bid is good because after that time, the Council will have had sufficient time to address itself to budget priorities. Mr. Ingram spoke in support of Mr. Grove's reco~mendation, advising that he feels there is merit in further consideration of the plans for the buildings and the proposed curriculum to be offered. Mr. Taubman stated that the delay is as much to help the City Council in its budget dellberatlons as it is to ask the Board to go back and reassess the plans, and moved that the Council concur in Mr. Grove's recommendation that the School Board be requested to ask the low bid contractor for as much of a bid extension as possible at the current low bid price in order for the School Board to be able to assess its revised priorities and hopefully be able to cover all aspects in the best possible manner, and the city would absorb any indemnification in addition to the low bid should there be any due to the bid extension. The motion was seconded by Mr. Grove. Legally speaking, the City Attorney stated that he knew of no reason why the School Board cannot request a bid extension and the matter of indemnifica- tion will have to be negotiated between attorneys for the City and the School and the attorney for the contractor. After a discussion as to when the Board might expect a response from Council in reference to the above motion, Mr. Thomas amended the motion to provide that the requested bid extension be not beyond July 2, 1977. The motion was seconded by Mr. Taubman. There was discussion concerning the 30 school buses which have been ordered from Magic City Ford and whether or not Magic City Ford would be willing to accept payment after July l, 1977, whereupon, Mr. Thomas stated that the motion with the amendment would not preclude Dr. Pack from exploring that alternative. He explained that if payment on the buses could be delayed until after July 1 which would take us over into the next fiscal year, this would enable the School Board to act on the vocational centers now without having to request an additional appropriation from Council. Mr. Grove expressed concern over the amendment to the motion, advising that if the rates of the contractor and subcontractor increase very much after the two week period, it would not take long to run the project completely out of sight, so if the contractor alters the deadline, the School Board should be aware of that point in order that another direction may be taken. 365 366 ~4~. Thomas stated that in light of Hr. Grovels remarks~ he would like to withdraw the amendment to the motion. Hr. Taubman then withdrew his second. The ~4ayor advised that it had been suggested that the Council hold an Executive Session before voting on the motion, whereupon, Hr. Thomas moved that Council meet in Executive Session on a legal matter. The motion was seconded by Hr. Garland and adopted by the following vote~ AYES: Council me~bers Bo~les~ Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .............................................. 7. NAYS2 None ................................................0. The Vice-Chairman asked the pleasure of thc School Eoard in respect to an Executive Session; whereupon, Hr. Bergen moved that the Board meet in Executive Session on a legal matter. The motion was seconded by Hr. Wooldridge and adopted. At 4255 p.m., the Council and the School Eoard reconvened in special meeting with Mayor Taylor and Vice-Chairman Nelson presiding. The Mayor advised that before going into Executive Session there was a motion on the floor for an amendment to Nr. Taubman~s motion and asked the pleasure of Council in respect thereto. ir. Thomas withdrew the amendment to the motion. Nr. Taubman, maker of the second, concurred. The Mayor reverted back to the main motionI whereupon, Hr. Taubman requested that the motion be withdrawn. Hr. Grove, maker of the second, concurred. The Mayor declared the floor open for motions; whereupon, Hr. Taubman moved that the Roanoke City School Board be requested to accept the two week extension on the bid deadline offered by the low bidder and request the school administration to negotiate such additional extensions as may be deemed necessary, or consider reductions or rebiddlng of the vocational school project and report to the City Council the results of such efforts by May 6, 1977, and that the special meeting of Council and the Roanoke City School Board be recessed until 2230 p.m., Friday, Hay 6, 1977, in the Civil Defense Room of the Municipal Building. The motion was eeconded by Hr. Grove and unanimously adopted. There being no further business, the Mayor and Vice-Chairman declared the meeting recessed until 2:30 p.m., Friday, May 6, 1977. At 2:30 p.m., Friday, May 6, 1977, the Roanoke City Council and the Roanoke City School Board reconvened in the Civil Defense Room of the Municipal Building with Mayor Noel C. Taylor and Vice-chairman Lewis i. Nelson, 3r., presiding. CITY COUNCIL MEMBERS PKESENT: Mrs. Ellzabe~h T, Bowles, Messrs. Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor ............................... 7. ABSENT: None ..................................................0. OFFICERS PRESENT: Hr. Byron E. Haner, City Manager; Hr. Sam H. McGhee, III, Assistant City Manager; Hr. Wilburn C. Dibling, 3r., city Attorney; Hr. 3ames R. Buchholtz, Senior Assistant City Attorney; Hr. 3eel N. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk. SCHOOL BOARD HEHBERS PREBE~T~ Ingram, Hiss Leila Stalker, Hr. Daniel E. Wooldridge, and Vice-Chairman Lewis Ho Helson ................................................................. ABSENT~ Hr. James W. Burks, Jr., and Chairman Wendell H. Butler ......2. OFFICERS PRE$~NT~ Dr. H. D. Packf Superintendent of Schools~ Hr. James W. Eavsy, Assistant Superintendent for Business Affairs and Clerk of the Boar~ and}ir. R. P. Via, Director Of Buildings and Grounds. The Mayor called upon the Vice-Chairman to respond to the motion adopted by Council on April 26th~ whereupon he advised that the Board has broken the motion down into four parts, (1) that the Board accept an extension on the bid deadline offere~ by the low bidderf (2) for the school administration to negotiate any additional extensions of t~e as they deem necessary, (3) to consider reductions in costs and programs, and (4) to consider rebidding of the vocational school project. In respect to part no. 1, he advised that the Board agreed to seek an extension Of two weeks on the bid deadline from the low bid contractor, that the Board was given that extension without penalty by either the contractor or the architect and the extension will expire on Thursday, Hay 12th. In response to part no. 2, he advissd that the contractor has indlcat~d that costs will incur beyond the two week extension, that plumber's rates will increase after July 1, steel prices will increase six per cent on June l, copper piping has already increased seven per cent and the equipment manufacturer and the majority of the material Suppliers are unwilling to hold their prices beyond 45 days oue to an increase associated with their respective areas. He stated that the architects have said any additional extensions beyond Hay 12th will mean additional fees. In respect to part no. 4, he stated that the Board has not considered this alternative in view of the projected costs involved in connection with rebidding and it would not be in the Board's best interest to do so. In reference to reductions (part no. 3) and additional funding requests, he stated that on April 25th, the Board was requesting an additional appropriation of $382,000.00, that the administration, the contractor and the architect have been in close communica- tion since Aprll 25th, they have gone over both bids with a fine tooth comb and have come up with a number of recommendations, mostly cuts, and the Superintendent has reviewed the projected cuts. In sun, nary, he concluded that the Board has done everything Council requested it to do and, at a meeting of the Board at ll:00 a.m., on May 6, 1977, the Board considered the recorm~ended cuts and voted 6 - 1 to modify the request to Council from $382,000.00 to $359,58?.00, and with this appropriation to the capital account, the Board feels it can accept the low bid and build two quality vocational centers. Upon question, Dr. Pack stated that the $22,000.00 reduction does not represent a cut in programs to be offered at the two centers. In response to a question regarding anticipated surplus funds in the school budget as of June 30, 1977, Dr. Pack stated that in the current operating budget, there may be a $50,000.00 - $70,000.00 surplus as of June 30 and whatever that surplus is, it could be applied, subject to approval of Council, for the vocational centers. ,26Y 368 The Director of Finance advised that the City Hanager has reviewed the City's current operating budget and he has stated that there are no available appropriated funds~ that hie office is currently under assignment to determine if there is going to be a surplus in the city budget as of June 30~ that he would be wrong if he said there is not going to be a surplus, he would also be wrong in not saying there is going to be at least a $300,000.00 - $400,000.00 surplus, but he could not certify to a penny over that ~mount. After a discussion as to funding, Hr. Thomas moved that Council appropriate an additional $360,000°00 to the schools capital improvement account. The motion was seconded by Hr. Garland. Hr. Hubard made reference to the $50,000.00 - $70,000.00 projected by Dr. Pack as proposed surplus as of June 30, and offered a substitute motion that the appropriation be amended to $300,000.00 instead of $360,000.00. The Vice-Chairman expressed concern over the substitute motion, advising that he has some question if the Board can accept the low bid without having the total funds appropriated, that he understands what Mr. Hubard is saying, and the Board will turn the money over to Council, if, in fact, it does exist on June 30, and he assured Council that the Board will scrutinize very carefully its spending between now and June 30th. Based upon Mr. Nelson's statement, Mr. Hubard and Mr. Grove withdrew the substitute motion. Each member of Council and the Mayor spoke in support of the vocational- technical centers. Mr. Joseph K. lngram stated that what the Council is seeing is not totally justified, that since the Board first received the proposals on April 5th, there are certain members of the Board who have requested alternative programs and have been consistently told that it is an administrative prerogative and not a Board prerogative, so the Board has selected from programs proposed by the administration, they have not been told what other curriculum may be offered that are less expensive, that the Board, insofar as Council's mandate to consider other possibilities of two bids, is using the same authority it had last week since' the contractor and architects felt it was impractical, and the Board has not done any further investigation of that. The Mayor then called for a vote on the motion presently on the floor; whereupon, it was unanimously adopted. Mr. Taubman moved that the Mayor and the six members of Council meet in Executive Session in the Executive Session Room of the City Council Chamber to discuss a personnel matter. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Councll members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................ 7. NAYS: None ..................................................0. There being no further business, the Mayor and the Vice-Chairman declared the special joint meeting of Council and the Roanoke City School Board adjourned. APPROVED ATTEST: City Clerk Mayor COUNCIL, REGULAR HEETING, Monday, May 2, 1977. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, at 2 p.m., Monday, May 2, 1977, with Mayor Noel C. Taylor presiding. PRESENTz Council mombers Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, Mllliam S. Bubard, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor ............................................. 7. ABSENT= None ..........................................0. OFFICERS PRESENT= Hr. Byron B. Haner, City Manager~ Mr. Sam H. McGhee, III, Assistant City Manager~ Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. James E. Buchholtz, Senior Assistant City Attorney~ Hr. Joel M. Schlangar, Directoz of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend T. T. Markham, Jr., Associate Pastor, Greene Memorial United Methodist Church. PROCLAMATIONS= The Mayor advised that he has proclaimed May 2, 1977 as WOODROW WILSON JUNIOR HIGH SCHOOL BAND DAY because of the distinction and honor of the woodrow Wilson Band in receiving the first place award for two consecutive years as the best band participating in the Junior High School Division at the Apple Blossom Festival in Winchester, Virginia. He further advised that Miss histy traft received the first place award for the best drum major in not only the Junior High School Division, but also the Senior High School Division; the 19 me~ber Color Guard received the second place award for both the Junior and Senior High School Divisions; and the four member Auxiliary Marching Unit received the fourth place award for both the Junior and Senior High School Divisions. (For full text, see Proclamation on file in the City Clerk's Office.) On behalf of the Council, the Mayor presented a plaque in recognition of the honors and the Proclamation to Hr. WillialuW. Field, Jr., Principal of Woodrow Wilson Junior High School. He also presented a Key to the City to Mr. WilliamP. Cart, Jr., Band Director. HEARING OF CITIZENS UPON PUBLIC HATTERS= NONE PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: Copy of a Resolution adopted by the Roanoke City School Board on April 21, 1077, concerning the annual School Board budget, requesti Council to instruct the City Manager to incorporate the total School Board budget into the total City budget without modifications and that the School Board be granted the opportunity to present and defend its budget directly to City Council, was before the body. (For full text, see Resolution on file in the City Clerk's Office.) Mr. Taubman moved that the Resolution be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. REPORTS OF OFFICERS= PARKS AND PLAYGROUNDS-GRANTS= The City Manager submitted a written report recommending approval Of the plans for the Norwich Conuuunlty Center with any appropriate modifications in order to advertise as soon as possible to commit grant funds prior to July 1, 1977. (For full text, see report on file in the City Clerk's Office.) 369 370 Hr. Garland moved that the City Hanager be instructed to advertise for bids on the project. The motion was seconded by lira. Bo~les and unanimously adopted. STATE HIGHWAYS~ The City Manager submitted a written report recc~- mending that Resolutions be adopted on certain listed highway projects relative to the Thoroughfare Element of the city's 1995 Comprehensive Plan, specifically as it relates to the Hershberger Road Projects. (For full text, see report on file in the City Clerk's Office.) Hrs. Louella Burnette, 1841 10th Street, N. W., appeared before Council and requested that Council reconsider its priorities. She agreed that Hershberger Road improvements are needed, but in order to accomplish the Hershberger Road project, other priorities will be shelved. She said that the 10th Street project has been in motion for ten years, and property ~wners cannot sell or improve their properties because of this pending decision. Hrs. Wanda Hale, 2113 10th Street, 8. W., also appeared before Council and stated that 10th Street residents would like for the loth Street Project to be before any other project is undertaken. The Assistant City Hanager gave a progress report on the 10th Street Project, in which he advised that the Hershberger Road improvements do not neces- sarily mean a delay in the proposed improvements to 10th Street although work on Bershberger Road may begin first. Be stated that acquisition of right of way for the 10th Street Project will probably take longer because many property owners are involved. Hr. Garland offered the following Resolution relative to Hershberger Road between Cove Bead and Williamson Road, N. W., and widening of Hershberqer Road overpasses over Interstate 581: ($23589) A I~ESOLUTION recommending and urging that the State Department of Highways and Transportation improve Bershberger Road between Cove Road and Williamson Road, N. W., and allocate interstate funds for the widening of the Hershberqer Road overpasses over Interstate 581; 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 later decide to abandon the project; requesting the State Highway and Transportation Commissioner to acquire all necessary rights of way for such project. (For full text of Resolution, see Resolution Book No. 44, page 26.) Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Hayer Taylor ............................................... ?. NAYS: None ................................................ 0. Hr. Garland offered the followlng Resolution relatlve to the Hershberger Road Project between Plantation Road (Hollins Read) and Orange Avenue (Route 460 East): 871 (123590) A RESOLUTION recommending and urging that the State Department of Highways and Transportation program for preltmina~ engineering, right of way acquisition, and construction, Hershberger Road in a new location between Planta- tion Road (Rollins Road) and Orange Avenue (Route 460 Hast)~ setting out the need therefor! con~aitting the City to pay its proportionate part Of the cost of such project, Or 100t of all costs incurred by the Con~onwealth should the City later decide to abandon the project! requesting the State Highway and Transportation Commissioner to acquire all necessary rights of way for such pro,oct. (For full text of Resolution, see Resolution Book NO. 44, page Hr. Garland moved the adoption Of the Resolution. The motion was seconded by Mr. Grove and adopted by the followlng vote~ AYES= Council mel~bers Bowles, Garland, Grove, Rubard, Taubman, Thomas and Mayor Taylor ............................................... ?. NAYS= None .................................................0. AIRPORT~ The City Manager submitted a written report requesting an additional 4§-day time extension in which to make a recommendation relative to a request from Kosko C~)lf, Incorporated, to do business at Roanoke Municipal Woodrum Field. (For full text, see report on file in the City Clerk's Office.] Mr. Taubman moved that Council concur in the request. The motion was seconded by Mr. Garland and unanimously adopted. FIRE DEPARTMENT-AIRPORT-EQUIPMENT= The City Manager submitted a written report concurring in a re~ort of the Rid Committee recommending that the bid of oshkosh Truck Corporation, in the amount of $146,850.00, for supplying a crash/fire/rescue vehicle, be accepted. (For full text, see reports on file in the City Clerk's Office.) The City Manager advised of receipt of a telegram from the low bidder, Walter Motor Truck Company, expressing concern that their vehicle was not selected, and advising that Messrs. Kiser, Sink and Hewitt were present to answer any questions of the Council in respect thereto~ however, they are still of the opieion that Council should proceed on the matter as reco~ended. (For full text, see telegram on file in the City Clerk's Office.) Mr. Thomas offered the following emergency Ordinance accepting the bid of Oshkosh Truck Corporation: {%23591] AN O~DINANCE providing for the purchase of certain vehicular equipment for use by the City at Roanoke Municipal Airport, Woo~rum Field, upon certain terms and conditions, by accepting a certain bid made to the City for furnishing and delivering such vehicular eguipment~ providing for issuance of the requisite purchase order for such equipment; rejecting a certain bid made to the City~ and providing for an emergency. [For full text of Ordinance, see Ordinance Book No. 44, page 29.} Mr. Thomas moved th~ adoptiou of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Eubard, Taubman, Thomas and Mayor Taylor ..............................................7. NAYS: None ................................................ 0. 372 COMPLAINTS-ZONING-PIJ~NING= A report of file City Planning Comission in connection with the concern of Hr. P~bert N. Richert, President, Old Southwest Neighborhoo~ Alliance, relative to public hearings before the City Planning Commission and the Board of Zoning Appeals being held in afternoons, advising that the current procedure of afternoon public hearings is both proper and in file best interest of citizens, was before Council. (For full text, see report on file in file City Clerkee Office.) Mr. Thomas ~ove~ that the report be received and filed. The motion was seconded by Hr. Taubman and unanimously adopted. STREET NAMES= A report of file City Planning Co~lssion recr~mending a street name change for a portion of Bratton Lawn to Richard Avenue, N. E., was before Council. {For full text, see report on file in the City Clerk*s Office.] Hr. Garland moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Hubard and unanimoualy adopted. REPORTS OF COMMITTEES= STREETS AND ALLEYS: A report Of the committee appointed to study bids received for paving of various streets within the City, recommending that the bid of S. R. Draper Paving Company, Incorporated, be withdrawn due to a clerical error, and that the joint proposal of Adams Construction Company and Virginia Asphalt Paving Company, Incorporated, in an amount not to exceed $436,850.00, be accepted, was before Council. (For full text, see report on file in the City Clerk*s Office.} Mr. Hubard offered the following emergency Ordinance accepting the joint proposal of Adams Construction Company and Virginia Asphalt Paving Company, Incorporated: (%23592} AN O~DINANCE accepting the joint proposal of Adams Construction Company and Virginia Asphalt Paving Company, Inc., for the paving of streets 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. 44, page 30.} Mr. Rubard moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES: Cou~cll members Bowles, Garland, Grove, Hubardw Taubman, Thomas and Mayor Taylor .............................................. NAYS: None ................................................ AUDIT COMMITTEE: Minutes of the Audit Committee meeting of April 25, 1977, were before Council. (For full text, see Minutes on file in the city Clerk's Office.] Mr. Hubard moved that file Minutes be received and filed. The motion was seconded by Hr. Taubman and ~nanimously adopted. UNFINISHED BUSINESS: pENDING ITEMS= The City Clerk presented a list of pending items from December 15, 1975, to April 25, 1977. (For full text, see list on file in the City Clerk's Office.) !1 Mr. Hubard moved that the list be received and filed. The motion was seconded by Hr. Taul~an and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. I~RODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS; SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure approving Issuance of Change Order No. 3 to the city's contract with Aaron 3. Conner, General Contractor, Incorporated, for the construc- tion of the Hurray Run Sewer Interceptor, he presented same; whereupon, Mr. Thomas offered the following emergency Ordinance: (#23593} AN ORDINANCE approving the City Manager's issuance of Change Order No. 3, as hereinafter set forth, to the Cltyts contract with Aaron J. Conner, General Contractor, Inc. w for the construction of the Hurray Run Sewer Interceptor - Project NO. C-§10-473-01; providing for notification of the issuance of sald change order to be given to the Vlrglnla State Water Control Board and to the E~vironmental Protection Agency, and that subsequent formal approval of said change order be sought from the Vlrginia State Water Control Board and the Environ- mental Protection Agency, alias made and provided by rules, regulations and guidelines of sald agencies; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 31.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following Vote: AYES= Council members Bowles, Garland, Grove, Nubard, Taubman, Thomas and Mayor Taylor ................................................... 7. NAYS: None ..............................................0. PLANNING-SWIMMING POOLS: Council having directed the City Attorney to prepare the proper measure authorizing the issuance of Change Order No. 5 to the City's contract with Days Construction Company, Incorporated, for construction of municipal swimming pools, he presented same; whereupon, Mr. Taubman offered the following emergency Ordinance: (%23594) AN ORDINANCE authorizing the issuance of Change Order No. 5 to the City's contract with Days Construction Company, Inc., authorized by Ordinance No. 22832, for construction of municipal swi~mming pools, upon certain terms and conditions; by providing for removal of rock and certain additional electrical work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 33.} Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................ 7. NAYS: None ..............................................0. SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure approving the issuance of Change Order No. 5 to the City's contract with Pizzagalli Construction Company, for the construction of a 35-million gallon tertiary treatment plant addition at the Sewage Treatment Plant, he presented same; whereupon, Mr. Thomas offered the following emergency Ordinance: 373 374 (123595) J~i OI~)IHANCE approving the City Hanager'e issuance of Change Order No. 5, as herein set forth in full, to the City's contract with Pizsagalli Construction Company, for the construction of a 35-million gallon tertiary treatment plant addition at the City's Sewage Treatment Plant! providing that notification of the issuance of said change order be given to the Virginia State Water Control Board and the Environmental Protection Agency, and that subsequent formal approval of said change order be sought from the Virginia State Water Control Board and the Environmental Protection Agency, all as made and provided by rules, regulations and guidelines of said agenciesI and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 34.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Tatflmnan and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................. NAYS: None ...............................................0. AUDITS-EMPLOYEES' RETIREMENT SYSTEM: Council having directed the City Attorney to prepare the proper measure authorizing employment of Faine, Barrell Larmer, to perform an audit of the City's Employees' Retirement System for the fiscal year ending June 30, 1977, upon certain terms and conditions, he presented same; whereupon, Mr. Hubard offered the following emergency Ordinance: (t23596) AN ORDINANCE authorizing employment of Falne, Harrell ~armer, to perform an audit of the City's employees' retirement system for the fiscal year ending June 30, 1977, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 36.) Mr. Bubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................... 7. NAYS: None .................................................0. BUDGET-COMPENSATION BOARD: Council having directed the City Attorney to prepare /he proper measure advising the State Compensation Board of the city's intention relating to employee salary increases for flscal year 1977-78 and requesting the Board not to exceed a 7 1/2 per cent increase in approving and fixing salaries and expenses of the State offices of the City of Roanoke under the jurisdiction of the Board, he presented same; whereupon, Mr. Grove offered the following Resolution: (123597) A RESOLUTION advising the State Compensation Board of the City's intention relating to employee salary increases for Fiscal 1977-78 and requesting the Board not to exceed a 7 1/2 per cent increase in approving and fixing salaries and expenses of the State offices of the City of Roanoke under the jurisdiction of the Board. (For full text Of Resolution, see Resolution Book No. 44, page 36.) Mr. J. H. Johnson, city Treasurer, appeared before council in opposition to the Resolution, advising that state law specifically gives the Compensation Board the responsibility to fix the salaries and expenses of the Constitutional officers and their employees, it also provides in case a local governing body disagrees with the Board*s decision, that they have a right to appeal to the Board for a hearing, and if an official disagrees, he has a right to appeal to the courts, and he requested that Council refrain from sending such a Resolution to the Compensation Board. Hr. Grove moved the adoption of the Resolution. The motion was seconded by Mr. Tauhman and adopted by the following vote: AYES~ Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................... NAYS: None ................................................. CITY EMPLOYEES-LABORUNIONS= Council having directed the City Attorney to prepare the proper measure establishing the policy of the Council of the City of Roanoke with respect to listening to representatives of employee labor organizations who desire to speak at public Council meetings, he presented same; whereupon, Hr. Garland offered the following Resolution: (%23598) A RESOLUTION establishing the policy of this Council with respect to listening to representatives of employee labor organizations who desire to speak at public Council meetings. (For full text of Resolution, see Resolution Book NO. 44, page Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman Thomas and Mayor Taylor ............................................... 7. NAYS: None .................................................0. SEWERS AND STORM DRAINS-WATER DEPARTMENT: Council having directed the City Attorney to prepare the proper measure amending the City Code by adding a new chapter to be entitled Wastewater Cede, he presented same; whereupon, Mr. Thomas offered the followlng emergency Ordinance: (~23599) AN ORDINANCE to amend Title XVII, Streets, Sidewalks and Sewers of The Code of the City of Roanoke, 1956, as amended, by adding thereto a new chapter to be numbered Chapter 7.1, Wastewater Code, regulating the discharge of industrial wastes into the sanitary sewers of the City; establishing a permit system; establishing a system of charges for all users of the sanitary sewer facilities; establishing a system of capital costs recovery from industries; regulating unsewered and miscellaneous discharges; providing for enforcement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 38.) Mr. Tho~s moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ...............................................7. NAYS: None ...............................................0. 375 376 SE~ERS AND STOPJ4 D~AINS-~ATSR DEPARTHENTZ Council having also City Attorne~ to prepare the proof measure advising certain neiq~oring ~litical s~ivisions of the adoption of a ~astevater C~e for ~e City of ~oke to provide for user char~es and for capital cost ~ecovery tr~ industrial uses of the city's ~aste~ater freedent plant and requestin9 such nelg~orin~ ~litical su~lvisions to adopt ~e ~e or s~stantially similar provlslons~ he presented s~e~ vhereu~n~ ~. ~ho~s offered the /oll~ln9 Ysolution~ (t23600) A ~OL~I0~ advisin9 certain neig~rin9 ~litical siivisioni of the adoption of a ~aste~ater C~e for the City of ~oke to provide for user charges and for capital cost recovery fr~ industrial uses of ~e City's vaste~ater trea~ent plant and requesting such neig~orin9 ~litical s~lvisions to adopt the s~e or substantially similar provisions as made and provided by rules~ regulations and guidelines of the Unit~ States Enviro~ental Protection Agency and the State ~ater Control Board. (For full tex~ of ~esolution~ see Resolvtion B~k No. 44~ page 53.) Hr. Tho~s moved the adoption of the Re~olution. The motion ~as ~econded by Hr. Hubard and adopted by the following vote~ AY~I Co~cil m~ers B~les~ Garland~ Grove~ H~ard~ Thomas and Hayor Taylor ............................................ ~ATER DEP~T~-SE~ ~D S~ D~INS: Co~cil having directed the City A~to~ney to prepare the p~oper measure relating to cha~ges for discharging vater~ sewage or o~her efflvence into the city's sanitary se~er ays~ through facili- ties o~ed and controlled by the Citt~ he presented s~e~ ~hereu~n, Hr. Thomas offered the following ~ergency Ordinance: (123601) ~ O~IN~CE ~endin9 and reordainin9 Sec. 14. Charges for fcientific trea~en~ and dis~sal - I~sition. of A~ticle II. Se~a~e Di~sal~ Chapter 7. Se~ers and sewage dis~sal~ of Title ~II. Streets~ ~ide~alks and S~ers~ of The Code of the City of Hoanoke~ 1956~ as ~ended~ and provldin9 for (For full text of Ordinance~ ~ee Ordinance Book ~o. 44~ page 54.) ~. Tho~s moved th~ adoption of the Ordinance. The motion ~as seconded b~ Hr. Hubard and adopted by the following vote: and Hayor Taylor .............................................. NAYS: None .........................................0. ~ATER DEPART~T-S~ ~D STO~ D~INS: Co.oil having directed City Attorney to prepare the proper measure relative to charges for connection of certain pro~rtiea outside ~h~ cor~rate l~i~s of the city fo: sewage or o~her ~astes~ he presented s~e; ~hereu~n~ Hr. Th~as offered the following (123602) ~ O~I~CE ~endin9 and reordainln9 Sec. 22. Connection certain properties outside cor~rate limitsI charges.~ of A~tlcle II. Sewage Dis~o~al~ Chapter 7. 5e~ers and sewage dis~sal~ of Title ~II. and Se~ers~ of The Code o~ ~e City of ~anoke~ 1956~ as ~ended; and providln9 (For full text of Ordinance, see Ordinance Book No. 44, page 56.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES~ Councl! members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................. ?. NAYS~ None ................................................ 0. ~OTIONS AND MISCELLANEOUS HUSINESS~ INDUSTRIES~ The City Clerk re~orted that Mr. Horace G. Fralin has qualified as a Director of the Industrial Develo~nent Authority of the City of ~oanoke, to fill the unexpired term of Mr. H. C. Sanders, resigned, ending October 20, 1977. Mr. Taubman moved that the report be received and filed. The motion was seconded by Mr. Hubard and tmanimously adopted. AIR POLLUTION CONTROL= The City Clerk re~orted that Mr. Rusktn P. Arnold has quallfled as a member of the Advisory and Appeal Board, Air Pollutlon Control, for a term of four years endlng December 31, 1977. Hr. Eubard moved that the report be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. OTHER HEARINGS OF CITIZENS= COHPLAINTS-PA~KS AND PLAYGROUNDS= Councilman Taubman advised that he has received n%unerous telephone calls from citizens expressing concern for young people riding skateboards on city streets and moved that the Department of Safety and Security, through the City Manager, be requested to enforce rules and regulations in respect to this matter. The motion was seconded by Mr. Garland and unanimously adopted. Mr. Thomas suggested that the administration look into the feasibility of designatlng an area or areas withln the city wherein skateboard riding may be safely permitted. There being no further business, the Mayor declared the meeting adjourned. APPROVED ATTEST City Clerk Mayor ,377 COUNCIL, REGULAR MEETING, Monday, May 9, 1977. The Council of the City of Roanoke met in regular meeting in the Council chamber in the Municipal Building, City of Roanoke, on Monday, May 9, 1977, at ?=30 p.m., with Itayor Noel C. Taylor presiding. pRE, Eib: Council members Elizabeth T. Bo~les, Robert A. Garland, Lucian Y. Grove, Nicholas F. Taubman, Hampton W. Thomas (arrived late) and Mayor Noel C. Taylor 6 ABSENT= Council member WilliamS. Nubard ..................... 1. OFFICERS pRSSENT~ Hr. Byron E. Haner, City Manager; Hr. Sam N. McGhee, III, Assistant City Manager; Hr. Wllburn C. Dibling, Jr., City Attorney; Hr. James E. Buchholtz, Senior Assistant City Attorney; }ir. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meetlng was opened with a prayer by Mayor Noel C. Taylor. MINUTES= Copy of the minutes of the regular meeting held on Monday, April 25, 1977, having been furnished each me~ber of Cot~ncil, on motion of Hr. Taubman, seconded by Mr. Garland and adopted, the reading thereof was dispensed with and the minutes were approved as recorded. HEARING OF CITIZENS UPON PUBLIC HA~ERS= STREETS AND ALLEYS: Council having set a public hearing for 7:30 p.m., Monday, May 9, 1977, on the request of the City of Roanoke Redevelopment and Housing Authority to vacate, discontinue and close that portion of Richmond Avenue between llth and 12th Streets and that certain alleyway located between llth and 12th Streets, extending from Jackson Avenue to Richmond Avenue, the matter was before the body. In this connection, the City Planning Commission submitted a written report reco~ending that the request be granted. (For full text, see report on file in the City Clerk's Office.) The viewers appointed to view the street and alleyway submitted a written report advising that they have viewed the street and alley portions, and they are unanimously of the opinion that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing same. (For full text, see report on file in the City Clerk's Office.) Mr. J. M. Turner, Jr., Attorney, representing the petitioner, appeared before Council in support of the request of his client. No one appearing in opposition to the request, Hr. Taubman moved that the following Ordinance be placed upon its first reading: (~23603) AN ORDINANCE permanently vacating, discontinuing and closing that portion of Richmond Avenue between llth and 12th Streets, and that certain alleyway locate~ between llth and 12th extending from Jackson Avenue to Richmond Avenue, which ars more particularly described hereinafter. The motion was seconded by Mr. Grove and adopted by the following vote~ AYES~ Council members Bowles, Garland, Grove, Taubman and Mayor Taylor ................................................................ NAYS~ None .................................................0. (Councilman Hubard absent) (Councilman Thomas had not arrive~ at the meeting) ZONINGt Council having set a public hearing for ?t30 p.m., Monday, May 9, 1977, on a proposed amendment to Section 5.1, RS-I, RS-2 and ~S-3, Single Family Residential District regulations, Paragraph 2, 'Special exceptions after public notice and hearings by the Hoard of Zoning Appeals,' of the Zoning Ordinance, relating to hospitals, sanitarl~ms, rest homes, convalescent homes, homes for orphans and homes for aged, the ~tter was before the body. The City Planning Commission submitted a written repert along with minutes frown various meetings recommending an amendment to the Zoning Ordinance that the Board of Zoning Appeals may waive the lot area and setback rec~/irement required for special exceptions for hospitals, sanitariums, rest homes, convales- cent homes, homes for orphans, and homes for the aged, provided such uses are to be located in existing residential structures and are limited to eight residents including residential staff. (For full text, see report and minutes on file in the City Clerk's Office. Mr. Taubman moved that the Ordinance providing for the proposed amendment be placed upon its first reading. The motion was seconded by Mrs. Bowies. The City Attorney suggested an amendment which would add the following sentence at the end of the proposed Ordinance: 'This paragraph shall have no application to facilities operated solely for the mentally retarded and other developmentally disabled persons.' At this point, Hr. Thomas entered the meeting. Mr. Grove moved that Counuil concur in the suggested amendment. The motion was seconded by Mr. Taubman. Mr. NiramJ. Herbert, 1875 Bridle Lane, S. W., appeared before Council and asked if he is correct in understanding where there is a piece of property in the area that already is approved ~u~der state requirements for the operation of a rest home, should the present operator of that property cease to operate under the lease and it becomes under lease to someone else, is there a break in the continuity of the business. The City Attorney advised that two years is the magic period, that the existing operation is now a nonconforming use and if it were not used for that purpose for one year, it could return in that status, but if it were out of that use for two years, it would then lose its space status. Mrs. George George, 211 Walnut Avenue, S. W., appeared before Council and referred to a lady in her area who takes care of as many as 25 - 30 veterans, that in the controversy over Watimka House the residents wanted to know when programs involving prisoners were coming into their area, but they did not want to cause problems for elderly people who are trying to help veterans and children. 379 380 {tr. ~obert Willimusw Jr., Vice President of the Virginia Association of Homes for ~dults, appeared before Council and stated that the proposed s~ringent rules on this matter are not attacking a problem but a profession, that the rules and regulations the Department of Welfare requires these homes to operate by are very strict and will come close to nursing home rules and regulations in sc~e cases~ and the people operating these hc~es are under constallt scrutiny by the placement agency. He stated that if the hemes for adults have to adhere to these strict zoning laws, then the profession will be taken over by the large high cost facility and the availability of getting a home for adult bed will become less and less and will force taxpayers to bear increased medicaid costs. In concludingw he stressed that the proposed rules are definitely too strict and leeway has to be made for this profession which is an intermediate between a boarding house and a nursing homo. Mr. Michael Blair, Special Assistant Attorney General assigned to represent the Roanoke Regional Welfare Department which licenses homes for adults, appeared before Council and advised that currently there are 550 homes for adult beds in Roanoke City, that 278 are located at the Methodist Home and Friendship Manor which leaves 272 beds located in smaller facilities, and of these 272 beds a great many are there as a result of the special exceptions, the longest of which can be for five years, that when these facilities are forced to comply with the new requirement we will lose 176 of these 272 beds and that is a substantial impact on the licensing prograln. On behalf of the State Department of Welfare, he urged that Council consider the proposed Ordinance very carefully and its impact on the llcensing program. Hrs. Esther Holden, Catawba Hospital, appeared before Council and advised of another facet that must be considered when making the final decision which is the new medicaid requirements just handed do~rn by the United States Government to the state medical program that is now going to require screening of all persons entering nursing homes. She stated that there will be no inappropriate admissions to nursing homes after September 1977, that beginning on May 15th, people in their ow~ homes, homes of relstives and those leaving state hospitals to go to nursing homes will be screened, that within six months, peopl~ from local hospitals will be screened before they enter nursing homes and those people who are not able to get into nursing homes are going to need someplace to llve and the only alternative is health care in their ovr~ homes er homes for adults. She also advised of the need for new homes to be developed. After a very lengthy discussion of the matter, Mr. Grove offered a substitute motion that the proposed amendment be referred back to the City Plannlng Con~nlssion for further consideration with input from various individuals and groups and that the Plunning Colmnission be requested to submit further report to the Councll at a later date. The motion was seconded by Fir. Garland and adopted. ZONING: The City Clerk having set a p~blic hearing for 7=30 p.m., Monday, May 9~ 1977, on rezoning that area bounded on the west by Nel~ Lane, N. E., and the south and the east by Old Mountain Road, being described as Officlal Tax Nos. 7360801, 7390935 - 7390937, inclusive, 7390801 - 7390820, inclusive, 7390701 - 7390?27, inclusive, 7390901 - ?39093¢, inclusive, 7410101 - ?410146, inclusive, and 7410201 - 7410230, lnolusive, fro~AG, Agricultural District, to RS-3, Single-Family R~sidential District, the matter was b~fore the body. In this connection, the City Planning Comission submitted a written report recommending that the rezuning be approve~. (For full text, see report on file in the City Clerk's Office.) No one appearing in opposition to the matter, Mr. Taubman moved that the following Ordinance be placod upon Its first reading: (%23604) AN ORDINANCE to amend Title XV, Chapter 4.1, Sec. 2, of the Code of the City of I~anoke (1956), as amended, and Sheet Nos. ?36, 739, ?40, and 741, Sectional lg?6 Zone Hap, City of Roanoke, with respect to Zoning. The motlon was seconded by Hr. Thomas and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ....................................................... 6. NAYS: None ..................................................0. (Councilman Hubard absent) ACTS OF ACKNOWLEDGEMENT-TOTAL ACTION AGAINST POVERTY: Mrs. Jayne Thomas, representing Total Action Against Poverty in Roanoke Valley, appeared before Council in reference to some type of recognition of the Teen-Age Alliance of Southeast for their time and work in helping southeast residents and improving their neighborhood, advising that during the past two months they have painted the restrooms in Fallon Park and the bleachers and they have done art work on the pillars at the Jackson Park Library. Mr. Taubman moved that the City Attorney be instructed to prepare the proper measure of appreciation. The motion was seconded by Mrs. Bowles and adopted. STATE HIGHWAYS: Mrs. Wanda Eale, 2113 10th Street, N. W., appeared before Council and presented a petition signed by 642 property owners and concerned citizens relative to improvements to 10th Street, N. W., requesting that Council, by Resolution, request the State Highway Department to proceed as promptly as possible with the improvements to 10th Street and schedule a public hearing on the matter forthwith. (For full text, see petition on file in the City Clerk's Office.) After a discussion of the request, Mr. Thomas moved that the City Attorney be instructed to prepare the proper measure in keeping with the thinking of the Council at its last regular meeting on Monday, May Z, 1977, and the recom- mendation of the management, that whereas, the City has agreed to comply with the request of the State in respect to the priority on Eershberger Road, that the City respectfully requests the State Highway Department not to let that project deter proceeding with the Tenth Street Project as contemplated, and that the Council would like the Highway Department to proceed forthwith with the hearing on the Environmental Impact Review and the public bearing on the entire project. The motion was seconded by Mr. Taub~man and adopted. 381 382 ZONING~ A co~lca21on fr~. Ke~e~C. K~ng, ~.~ Atto~e~, representing Yo~g Brothers Groce~, Incor~rated, In connecti~ ~ their rezoning request relative to property on ~e easterl~ s~de of Helcher Street, S. E.~ requestin9 that the public hearing on this ~tter be scheduled as s~n as ~ssible, was before Co~cil. (For full text, see co~ication on file In the City Cle~k*50ff~ce.) Hr. Tho~5 moved tha~ C~cil hold a p~lic hearing on the request for rezoning at 2:00 p.m., ~nday, J~e 6~ 19~7. The ~t~on was seconded by Garland an~ adopted. ~T~SI~-SCH~LS: ~. F. ~ey F~tzpatr~ck, Atto~ey, representing Blue R~dge E~ Assoc~at~on~ appeare~ before Co~c~ and present~ a petition approva~ of the location an~ plans for a pro~sed satellite receiving station at a ~nt generally not,easterly from the stu~o bu~ng an~ ~ocate~ approx~te~y 100 feet northerly from the ~rlveway extension of M~e~ Drive op~s~te the ~r~veway entrance to ~e parking area surrounding the stu~o bu~ld~ng.~ (For fu~l text, see petition on f~e ~n the City C~erk~s Office.) ~. Ta~n offer~ the following Resolution: (%23605) A ~SOL~ON approving the locatlon of an~ plans for a sate~t~ receiving station o~ pro~rty of the C~ty of ~oanoke ~uase~ to Blue R~dge ~ Association. (For fu~ text of Resolut~on, see Resolution ~ook No. 44, page 58.) ~. Ta~man move~ the a~opt~on of the Resolution. The ~ot~on ~as ~econde~ by Mr. Grove an~ a~opted by the following vote: and Mayor Taylor ......................................................6. NAYS= None ................................................. 0. (Counci~an Hubar~ ~sent} CO~EES-CIT~ZENS~ TASK FOrE FOR CRI~ P~NTION ~D S~ D~P- ~: Co,un,cations from ~. Wi11~ R. Hill, Judge L. L. Koontz, Jr., and Carlton E. Saul, tendering their resignations a~ m~ers of ~e Citizens~ Task Force for Cr~e Prevention an~ Social Development, were before Co~c~l. (For fu~ text, ~ee co~catlons on file ~n the City Clerk's Off~ce.) Mr. Thomas move~ that the co~cations be rece~ve~ an~ file~ an~ ~at ~ r~s~gnat~ons be acce~te~ w~t~ regret. The mot~o~ was seconded by Mr. Garlan~ and ado~te~. CO~ITTE~S-HOUS~NG-SLUM CL~CE: A co~cat~on from Father M~chael S. Sc~e~ tendering h~s resignation as a m~er of the Fair Housing Board because of h~ ~nent transfer to R~c~ond, Virginia, was b~fore Council. (For full text, see co~icat~on un file ~n the C~ty ~erk~s Office.) ~. Thomas moved that the co=~ication be received an~ flle~ an~ that the resignation be accegted w~ regret. The motion was secon~e~ by Hr. Garl~ an~ a~opte~. P. EPORTS OF OFFICERS= AIRPORT: The City Manager submitted a written report rec~ending approval of plans, specifications, and contract documents for advertisement with any appropriate modifications, for High Intensity Lighting Runway 5/23, ADAP Prelect NO. 6-5i-0045-06, Contract I, at P~anoke Municipal Airport, Woodrum Field. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that Council concur in the reeomendation. The motion was seconded by Mr. Themas and adopted. REGXONAL JAIL= The City Manager submitted a written report requesting an extension Of the due date for bids on the jail structure until Thursday, June 23, 1977, in order to determine if under recently enacted federal legislation supplemental funds may be obtained for construction of the entire Courthouse Jail Complex. (For full text, see report on file in the City Clerk's Office.) Mr. Grove moved that Council concur in the request and that the matter be referred to the City Attorney for preparation of the proper measure providing for a special meeting of the Council on June 23, 1977, at 2:00 p.m. The motion was seconded by Mr. Thomas and adopted. BUSES: The City ~Lanager submitted a written report recommending passage Of a Resolution authorizing execution of a contract for a grant approved by the Urban Mass Transportation Administration in an amount not to exceed (For full text, see report on file in the City Clerk's office.) Question arose as to where the $1.? million figure contained in the pro- posed Resolution was derived, whereupon, the City Manager advised that the total operating deficit was $1,158,200, the total operating expense was $1,738,000, that there was an operating revenue of $579,870, so the $54?,8?9 is roughly one-half of the $1,158,200. Mr. Taubman then offered the following Resolution authorizing and approving execution of the grant: (123606] A RESOLUTION authorizing and approving execution of an Operating Assistance Grant Contract for Project No. VA-05-4014 between the United States of America, Cor~nonwealth of Virginia, Department of Highways and Transportation, and the City of Roanoke, for a grant Of operating assistance funds under the Urban Mass Transportation Act, for the time period of July 1, 1976, through June 30, 1977. (For full text of Resolutlon, see Resolution Hook No. 44, page Mr. Taubman moved the adoption of the Resolutlon. The motion was seconded by ~irs. Bowles and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Taubman and Mayor Taylor ........................................................ 5. NAYS: Council me/nber Th{~nas .............................. 1. (Councilman Hubard absent) SEWERE AND STO~M DRAINS= The City Manager submitted a written report teen,ending authorization to execute Change Order No. 2 to the contract with Southwest Construction Company for repairs and replacements in three digesters at the Sewage Treatment Plant, in order to provide an additional twenty days for time of construction. 383 384 (For full text, see report on file in the City Clerk's Office.) Mr. Grove offered the following Resolution approving issuance of the change orders ([23607) AN ORDINANCE authorizing the issuance of Change Order No. 2, providing for a 20-day time extension to the City's contract with Southwest Construction Company, dated January 27, 1977, for repair of three digesters at the City's Sewage Treatment Plant, upon certain terms and conditions~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 59.) Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following votes AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ..................................................... 6. NAYS= None ............................................... 0. (Councilman Hubard absent) BUDGET-AlP. PORTs The City Manager submitted a written report in connectioh with the Environmental Assessment Study for a Runway Extension at Roanoke Municipal Airport, Woodrum Field, advising that by Ordinance No. 22621 the City entered into an agreement with Ralph Burke and Associates for an environmental assessment study, that there was an error in the Ordinance in that the agreed amount, prior to this request, was $32,600.00, that it has now been determined that the Federal Aviation Administration and the State Corporation Commission will require some additional information over and above the study scope specified for in the $32,600.00 fee and the consultant has expressed verbal agreement to provide this additional information for a fee adjustment of $5,000.00, requesting that Council appropriate an additional $5,600.00 to the Airport Fund, amend Ordinance No. 22621 to authorize the expenditure of an amount not to exceed $37,600.00, and authorize the City Manager's Office to adjust the purchase order amount accordingly upon receipt of proper documentation from the consultants. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman offered the following emergency Ordinance appropriating $5,600.00 to Fees for Professional Services, Other Services and Charges, under Section 12005, 'Operating Expenses', of the 1976-77 budget: {#23608) AN ORDINANCE to amend and reordain Section 12005, 'Operating Expenses," of the 1976-77 Municipal Airport Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Seek No. 44, page 60.) Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by}tr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ........................................................... 6. NAYS: None ................................................. 0. (Councilman Hubard absent) Mr. Taubman offered the following emergency Ordinance amending Ordinance No. 22621: I! (123609) AN ORDIHANCE amending Ordinance No. 22621 vhtch accepted a certain proposal and authorized employment of enqineering services to provide for an environmental impact assessment study for the proposed extension of Runway 5- 23 at Roanoke Hunicipal Alrportt Woodrum Field, upon certain terms and conditions! authorized the proper city officials to execute the requisite agreement thereforj and rejected certain other proposals, by providing for an increase in the CltyJs cost of the services authorized by said Ordinance to $37,600.00~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 61.) Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote~ AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ....................................................... 6. NAYS: None ................................................. 0. (Councilman Hubard absent} BUILDINGS-COMPLAINTS: The City Manager submitted a written report in connection with a fire damaged residence located at 380 Albemarle Avenue, S. W., advising that after taking certain measures with thc property owner, a contract has been entered into By the city with a 1ocs! contractor to demolish the structure! and the work should begin soon. {For full text, see report on file in the City Clerk's Office.) Hr. Garland moved that the report be received and filed. The motion was seconded by Hrs. Bowles and adopted. COUNCIL: The City Hanager submitted a written report requesting an Executive Session to discuss a matter of potential litigation. (For full text, see report on file in the City Clerk's Office.} ~ir. Taubman moved that Council concur in the request. The mot[on was seconded by ~{r. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas andMayor Taylor ..................................................... 6. NAYS: None ................................................ 0. (Councilman Hubard absent) PAP.KS AND PLAYGROUNDS: The City Attorney submitted a written report transmitting copy of a proposed contract to he used for neighborhood athletic clubs that wish to operate concessions on city property, advising that in order to comply with the hold harmless clause many of the clubs may feel it necessary to obtain liability insurance which may not be available or which they may not be able to afford. (For full text, see report on file in the City Clerk's Office.) After being advised by the City Attorney that there might be mnre benefit to the City in not having the contract since it could put some of the small concessionnatres out of business, Mr. Garland 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 requesting an Executive Session to discuss a matter of pending litigation. (For full text, see report on file in the City Clerk's Office.} 385 386 Hr, Garland moved that Council concur in the request, The motion was seconded by Hrs. Bo~lns and adopted by the following votez and Hayor Taylor ...................................................... 6, NA¥Sz Non~- ................................................0. (Councilman Hubard absent) HU'~O~N RESOU~ES COI~4ITTE~ The Hunch ~esources Comittee submitted a written report requesting policy guidance on authority of ~he comittee to consider funding applications from agencies normally considered separately by Council. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman stated that Council has tentatively allocated $55?,000 for and submit its recom~endatlons to the Council for approval. not for the dollar amount or for the valldity of any request that comes before not the capital outlay which some of the requests incur. applications of all agencies submitting same and submit its report and recommends- make recomendatlons to Council has studied on their own and has tried to weigh the needs of each request, how the money is being utilized, and who is utilizing the funds wisely, that he understands the position of Council and, speaking as one mez0ber of the Committee, he will do the best he can in carrying out Council's instructions. He concluded by praising}ir. WilliamA. Hewitt in his leadership $65,000.00. (For full text, see report on file in the City Clerk's Offloe.) ~. Th~nas moved that the ~atter be referred to the City Attorney for preparation of the pro,er measure authorizing the acquisition of the tract of land, said funds to be designated frc~ the capital fund account. The ~otion was seconded By Mr. Taubman and adopted. P~SI~S: The ~ard of Trustees of the ~ployees~ Retir~ent Syst~ s~ltt~ a written re~rt reco~ending that Co~cil approve a 7%% ~st of living increase to all those rece~ving retir~ent benefits ~der the City's system. (For full text, see re~=t on file In the City Clerk's Office.) In clarification, the Secretary of ~e ~ard verbally re,fred that ~n effect the Board Is rec~ending that the s~e cost of l~v~ng increase approved for re~lar city employees also apply to retirees. ~. Garland moved that Co~cil concur ~n the reco~endation and that the ~tter ~ referred to the City Attorney for preparation o~ the proper measure. The motion was seconded by Mr. Grove and adopted. CITY PROPERTY~ A co~ittee ap~[nted to study the b~d received for several paint projects, (Valve House, Carvins Cove D~, C~stal Spr~ng P~p Station,~ ~ouse - 20~ L~ke Street, ~lr~y ~ Station, Buildings 2 and 3, ~angar ~ors 11, 12, ~3, 14, 15 and ~6 at ~anoke ~c~pa~ Airart, W~r~ Field), s~mitted a written re~rt reco~endlng that the bid of h. R. Bra, Sr., Paint Company, in the total ~ount of $20,68~.00, ~ accepted. (Eot full text, see re~rt on file in the C~ty Clerk's Off~ce.] ~n this connection, the C~ty Manager submitted a written re~rt concurring ~n the reco~endatlon o~ the co~ittee. (For full text, see re~rt on file in the City Clerk's Office.} ~. Thomas offered the following emergency Ordinance accepting the pro,sa[ of L. R. Bro~, Sr. Paint Company: (%236~0) ~ O~IN~CE awarding a contract for the painting of certain buildings and structures belonging to the C[ty~ and providing for an ~er~ency. (For full text of Ordinance, see Ordinance B~k No. 44, page ~. Tho~s moved the adoption of the Ordinance. The motion was seconded by ~. Tau~an and adopted by the following vote: and Mayor Taylor ..................................................... 6. NAYS: None ................................................0. (Co~ci~ Hubard absent} ~. Tho~s moved that ~he re~r~ of the C~ty ~anager be recelve~ ~d filed. The motion was seconded by Mr. Garland and adoptS. S~ ~D STO~ D~INS= A co~ittee ap~nted to study bids received for the relocation of the 48' Roanoke R~ver Interceptor and the Garden City Boulevard San~ta~ Sewer replac~en2, s~m[tted a written re~rt reco~endlng that the low bids of Lanfor~ Brothers Company, ~ncorporated, in the amounts of $93,900.00 and $149,4~4.00, respectively, be accepted. (For full text, see re~rt on file in the City Clerk's Office.} ~. Thomas offered ~e following ~ergency Ordinance accepting the pro~sals of Lanford Brothers Company, Incor~rated= 387 388 (~23511) A~ O~DINANC~ accepting bids and awarding contracts for two sewer projects, relocation and parallel of the 48-loch P~anoke River Interceptor and replacement of the outfall segment of the Garden City Sanitary Sewer! rejecting certain other bids made therefor~ and providing for an emergency. {For full text of Ordinance, see Ordinance Book NO. 44~ page 63.) Mr. Thomas moved the adoption of the Ordinance. The ~otton was seconded by Mr. Tauhman and adopted by the following vote~ AYES~ Council members Bowles, Garland, Grove, Taubman~ Thomas and Mayor Taylor ....................................................... 6. NAYS= None ..................................................0. (Councilman Bubard absent) AIRPORT: A report of the co~uaittee appointed to study bids received for precision instrument ~rking R/W 5/23 and grooving runways 5/23 and 15/33 at Roanoke Municipal Airport, Woodr~m Field, recommending that the bid of John A. Hall and Company, Incorporated, for precision instrument marking, in the amount of $14,850.00, and the bid of Central Atlantic Contractors, Incorporated, for grooving runways, in the amount of $154,022.40, be accepted, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman offered the following emergency Ordinance accepting the proposal of John A. Hall & Company, Incorporated: (%23612) AN ORDINANCE accepting a certain proposal and awarding a contract for the precision instrument marking for Runway 5-23 at Roanoke Munioipal Airport, Woodrum Field, for Federal Airport Project No. ADAP 6-51-0045-06, Contract III, upon certain te~ and conditions; authorizing the proper city officials to execute the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 64.) Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubmae, Thomas and Mayor Taylor ....................................................... 6. NAYS: None ..................................................O. (Councilman Hubard absent) Mr. Thomas offered the following emergency Ordinance accepting the proposal of Central Atlantic Contractors, Incorporated: (%23613) AN ORDINANCE accepting a certain proposal and awarding a contract for the grooving of Runways 5-23 and 15-33 at Roanoke Municipal Airport, Woodrum Field, for Federal Airport Project No. ADAP 6-51-0045-06, Contract II, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract; rejecting the other bid made for said improvements; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No.44, page 65.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ...................................................... 6. NAYS: None ..................................................0. (Councilman Bubard absent) UNFINISHED BUSIHESS ~ HONE. CONSIDERATION OF C~AIHS~ NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS~ EUDGET-SCHOOLS~ Council having agreed in special meeting with the ~oanok~ City School Board on Friday, April 26, 1977, which special mesting was recessed until May 6, 1977, to appropriate $360,000.00 additional funds for the vocational- technical centers at Patrick Henr~ and William Fleming High Schoolst Mr. Thomas offered the following emergency Ordinance appropriating $180~000.00 to William Flaming High School and $180,000.00 to Patrick Henry High School of the Capital Pro~ects Fund under Section ~1855, 'Transfers to Other Funds,' of the 1976-77 budget~ (%23614) AN ORDINANCE to amend and reordatn certain sections of the 1976-?? Appropriation Ordinancet and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. 44, page 66.) Mr. Thomas moved the adoption Of tho Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Taubman~ Thomas and Mayor Taylor ....................................................... 6. NAYS: None ..................................................0. (Councilman Hubard absent) MOTIONS AND HI$CELLANE(~JS BUSINESS: BUSES= Council, in budget study, having discussed the possibility of curtailing certain bus service in the City of Roanoke, Mr. Thomas moved that the City Attorney be instructed to prepare a Resolution advising the Board of Directors of Greater Roanoke Transit Company that it is the sense of Council that policy be established insofar as operation of Greater Roanoke Transit Company is concerned to eliminate service on all routea after 7:00 p.m., On weekdays and to eliminate service on Sundays. The motion was seconded by Mrs. Bowles. Mr. Garland offered a substitute motion that before a Resolutlon is adopted that the General Manager of Valley Metro be requested to present exact fib/res on ridership after 7=00 p.m., along with revenue generated from these routes and that this information be available at the June 20 meeting of the GRTC Board of Directors. Mr. Thomas stated that he had no objection to the substitute motion except that Councll is now in budget study, that it needs to make certain projec- tions for next year and now is the time to make the necessary decisions. After a discussion Of the main motion and its intent, Mr. Garland withdrew the substitute motion. The main motion was then adopted, Mr. Grove voting no. The Mayor advised that he is willing to have the Board of Directors m~ke the consideration, but he does not want his support of the motion to be construed as a vote in favor of the curtailment of service because he would like to speak to that point when the matter is addressed by the Board of Directors of Greater Roanoke Transit Company. 389 390 Hr. Thomas further~oved that the Clty Attorney be instructed to investi- gate the steps o[ procedure involved in establishing a referendum for the November election on the continuance or discontinuance of the Greater Roanoke Transit Company, and advise the Council of his findings at the Financial and Planning Session on Honday, June 20, 1977. The ~oticn was seconded by Hrs. Bowles. H~, Tach,nan s~oke In opposition to the motion, advising that the idea to proceed to gather more information in which to base a decision is goodl however he do~s not feel at this point that he can support a motion to gain Information on going to a referendum on continuance or discontinuance of the bus company because that definitely is a Council decision. The motion was then adopted with Councilman Taubman and Hayor Taylor voting no. OTHER HEARINGS OF CITIZENS= REFUSE COLLECTION: Mr. Robert N. Richert, President, Old Southwest Neighborhood Alliance, appeared before Council and read a prepared statement in opposition to curbside refuse collection. (For full text, see statement on file in the City Clerk's office.) PENSIONS= Mr. Silas H. Weddle, retired policeman, appeared before Council and advised that on October 25, 1976, he presented a communication in connection with the members of the Police and Fire Pension System who were left out of the adjustment provided for by Ordinance No. 23025, that the Council referred the communication to the Board of Trustees, Employees' Retirement System, and to 1977-78 budget study for study, report and recommendation and he inquired if the Council has discussed the matter in budget study. The Hayor stated that as yet the Counc£1 has not addressed itself to the matter in budget study. He also made reference to a report of the ~oard of Trustees recommending no increase in benefits, in which report the Council concurred. In view of the fact that we have a new Director of Finance and he also serves as Secretary of the Board of Trustees, Employees' Retirement System, Mr. Garland moved that the request of Hr. Weddle be referred to the Board of Trustees, Employees' Retirement System, for further study, report and recommendation to Council. The motion was seconded by Hrs. Bowles and adopted. There being no further business, the Hayor declared the meeting adjourned. APPROVED ATTEST: City Clerk Mayor COUNCIL, RBGULAR MEETING, Monday, May 23, 1977. The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, onM onday, May 23, 1977, at 2s00 p.m., the regular meeting hour, withHayor Noel C. Taylor presiding. PRESEI/T~ Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, William S. Hubard, Nicholas F. Taubman and Mayor Noel C. Taylor ................................................................ 6. ABSENTI Council member Hampton W. Thebans ................... 1. OFFICERS PI~ESENT~ Mr. Byron E. Haner, City Manager; Mr. Sam H. McGhee, II1, Assistant City Manager; Mr. Wilburn C. Dibling, 3r., City Attorney; Mr. James E. Buchholtz, Senior Assistant City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATIONI The meeting was opened with a prayer by the Reverend Pruitt Ashworth, Associate Pastor, Calvary Baptist Church. MINUTES: Mr. Hubard moved that the minutes of the special meeting of April 27, 1977, recessed until May 6, 1977; and the regular meeting of May 2, 1977, be approved as written. The motion was seconded by Mr. Grove and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGeT-SCHOOLS: At its Budget Study Session on Wednesday, May 12, 1977, Council requested certain information from the Roanoke City School Board to the extent that if the proposed 1977-78 School Board budget is cut by $1,000,000, what effect would this have on the overall school budget and specifically its effect on the salary schedule. Council was advised that Chairman Wendell H. Butler, on behalf of the School Board, had requested that an additional $183,272 he restored to the School Board budget which would represent local funding at the same level as fiscal year 1976-77 and Council requested that the School Board advise of changes in its budget if the $183,272 is restored. Mr. Lewis M. Nelson, Jr., Vice-Chairman of the School Board, appeared before Council to discuss the proposed tentative cut in the School Board budget for fiscal year 1977-78. He requested in the future that the Board be officially informed of any items that affect the school system or its budget. He asked for a clarification on the amount of the cut, advising that when the Board submitted its budget to the City Manager it had not included $70,000 to upgrade the salaries of bus drivers and, as he understands it, the City Manager presented his budget to Council without this $70,000 item and he asked whether or not the $70,000 is or is not included in the City Manager's budget; whereupon, the City Manager advised that the $70,000 is not included since it was received too late, but the Council was informed in his budget presentation about the item. Mr. Nelson then advised that actually we are talking about a $1,070,000 cut rather than a $1,000,000 cut. Mr. Nelson stated that the School Board met on Thursday, May 19, 1977, and reviewed further proposed cuts the Superintendent had made to the budget, that the Board approved tentative cuts of $765,000 and these cuts mean that the 391 392 proposed salary increases for teachers will drop from 12% to ?°5% ~i=v~=, ~he proposed raises for administrators will drop from 10t to 5% with a maximum of $1,000.00. He said the cuts involve reduction la in-service training for teachers in a number of workshop areas, the postponement of buying seme textbooks, the stretching out of maintenance on the buildings, fixed charges were cut and there will have to be a charge for summer school for the elementary sch0oI system, and various other items. He stated that any more significant cuts abovs the $765,000 viii mean cuts in professional people, teachers, home school counsellors, reduction in criterion resource teachers in the elementary school system who are vorkin9 directly with the students, it will affect the gifted program in the elementary school system, and it will start the trend back up in pupil-teacher ratio by reduction of teachers. Be reminded Council that the total cuts the Board has made in its budget since December, 1976, nov come to a total of $1,785,000. He strongly urged Council to reconsider the $1,070,000 cut and restore $305,000 to their budget because any further cuts will affect the students and the quality of education. Hr. Hubard stated that he understands the concern of the School Board over the lack of co~unication insofar as being notified oi the tentative action of council in cutting their budget by $1,000,000 and moved that in future budget deliberations of Council, the City Clerk be requested to give written notice to the Chairman o£ the School Board and the Superintendent of Schools as to times and places of buOget deliberations by the Council with the clear i~plication that any of the budget hearings, particularly those which deal with the public schools, are open to attendance and voice by representatives of the school system. The motion was seconded by Hr. Garland and adopted. Hr. Garland questioned how the $183,273 figure vas derived; whereupon, Hr. Nelson stated that the only real significance is if this amount is restored to the budget, then the funding from local sources will be the same for fiscal year 1977-78 as it was for fiscal year 1976-77 and it was not an official action by the Board, but the result of preliminary calculations. Hr. Taubman questioned if the $183,273 is restored, what would that do to salaries; whereupon, Hr. Nelson advised that the Board would have to decide if the funds would go for salaries or to restore certain programs. In further explanation, he said the $183,273 was a figure developed over night and in order for Council to try to understand what is being presented he would like for Cou~lcil to forget about the $183,273, that instead of asking for that amount, the Board is requesting reinstatement of $305,000. Hr. Hubard advised that he is impressed with the job the School Board did in its budget cuts, and it left a very realistic salary increase with a top of 12%%. He made reference to the fact that Council just recently appropriated $360,000 additional funds for the vocational-technical centers at William Fleming and Patrick Henry High Schools which is due to come out of the city surplus, that the Mayor has alluded several times to the $183,273 and it seems this is about as much money as Colmcil can come up with since it will have to come out of the Contingencies Account, and moved that Council tentatively adjust the 1977-78 city budget to restore to the appropriation of the School Board the sum of $183,273 with the understanding that this is more of a loan than an appropriation because it would be hoped, through economies the rest of this fiscal year in the school budget, that there would be enough funds left in the school surplus as of June 30, 1977, to replace these funds in the City surplus. The ~otion was seconded by Mr. Taubman and adopted. Later during the meeting, under the Hearing of Citizens section of the agenda, Mrs. Lynn Thompson, spoke as a citizen, parent and city school teacher, advising that she is confused about the ?%% increase which the School Hoard has tentatively approved, that in essence this ?%% increase is no more than restoring the two steps teachers have lost, that the teachers feel the City's 5% contribution to the Virginia Supplemental Retirement System is important, but they also feel the city employees have been receiving their retirement for several years and they do not feel this should he counted to say that teachers are getting a 12% increase. She said the point that needs to be made is the fact that in essence if teachers receive no more than the two experience steps, then they will be getting nothing ~ore than the restoration of the old salary scale plus the VSRS benefit. She suggested that Council return the budget to the School Board for further study in reference to salaries. As another suggestion, she requested that an ad hoc co~nittee be appointed composed of a Councll person, teachers, parents, the Director of Finance and representatives of the School Board to clarify budget procedures and figures. Mr. Hubard stated that the City Financial Department has been requested to confer with the school officials to see if next year there can be a more understandable relationship as to the workings of the two pay plans and other budget matters. Also durlng the Hearing of Citizens section of the agenda, Mrs. Marjorie Smlthey, appeared before Council in her capacity as a citizen, teacher and parent, advising of her disappointment in the school budget cuts. She advised that this past year Council funded $1,395.00 for each pupil (ratio), that the proposed budgeti! ($24.1 million) funds only $1,295.00, so this budget is $100.00 less per pupil appropriation. She stated that the budget has been cut further by Council, that the cuts will come with the gifted students, the learning disabled, the science and music activities and there will be an increase in the combination classes, that the instructional program in the City of Roanoke will be jeopardized and no one will benefit. She requested that Council, if funds become available, restore some of these funds for the instructional program of students of Roanoke. In concluding, she said she will cooperate with the School Board and Council members and her contemporaries will do the same, but she is afraid morale will be low when programs are cut and when salaries are kept at a nominal amount. PETITIONS AND COMMUNICATIONS: PARKS AND pLAYGROUNDS-ANNEXATION: A communication from Mr. William F. Clark, Clerk, Roanoke County Board of Supervisors, transmitting copy of Resolution No. 1759 adopted by the Board om May 10, 1977, assigning a lease agreement to the City for certain property in the Southern Rills area for use as a publlc park, was before Council. (For full text, see communication and Resolution on file in the City Clerk's Office.) 393 3'94 Pa:. Garland moved that the Resolution be referred to the City Manager for study, report and recom~endation to Council arut to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Grove and adopted. RADIO-TELEVISIONI A communication fro~Mr. David P. Fl~ming~ Attorney~ representing Roanoke Valley Cablevision~ requesting a Council opinion as to the applicability of Section 21 of this franchise regarding approval of transfers of control to a described factual situation~ was before the body. (For full text, see comunication on file in the City Clerk's Office.) Hr. Taubmml moved that the matter be referred to the Regional Cable Television Committee for study, report and reco~mendation to Council and that the attorneys for the City of Roanoke, the Cottnty of Roanoke and the Town of Vlnton confer on the matter and advise the Cobol=tee accordingly. Tho motion was seconded by Hr. Bubard and adopted. REPORTS OF OFFICERSI DUDGET-GRANTSoCOMMONWEA~TH~B ATTORNEY= The City Hanager submitted a written re~ort recom~ending authorization to execute appropriate for~s for acceptance of a grant approved by the Virginia Association Of Commonwealth's Attorneys, in the amount of $2,117.00, to provide for employment of two Law Interns for the Commonwealth's Attorney's Office for ten weeks during the summer of 1977, and that funds be appropriated therefor. (For full text, see report on file in the City Clerk's Office.) Hr. Bubard Offered the followlng emergency Ordinance appropriating $2,117.00 to Law Interns, Co~u~onwealth~s Attorney Of the 1976-77 Grant Program Account: (%23615) AN ORDINANCE to amend and reordaln the City of Roanokets 1976-77 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 70.) Hr. Hubard move~ the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote= AYES: Coancll members Bowles, Garland, Grove, ~ubard, Taubman and Mayor Taylor ..................................................... 6. NAYS= None ................................................0. (Council member Thomas absent) Mr. Hubard offered the following emergency Ordinance appropriating $105.85 to Local Cash Match under Section %0710, 'Commonwealth's Attorney,' of the 1976-77 budget: (%23616) AN ORDINANCE to amend and reordain Section %0710, 'Common- wealth~s Attorney,' of the 1976-77 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 44, page 71.) Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote= AYES= Council members Bowles= Garland, Grove, Hubard, Taubman, and Mayor Taylor ...................................................... 6. NAYS= None ..................................................0. (Cotmcil member Thomas absent) ,! Hr. Grove offered the following Resolution authorizing the acceptance, execution, and filing of the. grant~ ([23617) A P. ESOLUTIOH authorizing the acceptance, execution, and fil- ing of the 'Special Conditions for Action Grant Awards' with the Division of dustice and Crime Prevention for an action grant of Federal funds for employment of two law student interns in the Commonwealth's Attorney,s office. (For full text of Resolution, see Resolution Book No. 44, page 71.) Hr. Grove moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote~ and Mayor Taylor ........................................................ (Council member Thomas absent) apHroprlated therefor. a $15,000.00 grant from the League of Older Americans to thc Department Of Parks facilities and programs, and that funds be appropriated therefor. (For full text, see report on file in the City Clerk's Office.) Hr. Hubard offered the followlng emergency Ordinance appropriating Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hrs. Bowles and adopted by the following vote= Mayor Taylor ........................................................... (Council member Thomas absent) (For full text, see report on file in the City Clerk's Office.) 395 396 ~r. Grove offered the following emergency Ordinance authorizing the acceptance of the deedst {%23619) AN ORDINANCE authorizing the acceptance of deeds donating to the City certain parcels and easements in land wanted and needed by the City for th~ const~uction in the City of a storm drain in the vicinity of the intersection of Mlndsor Avenue and Edgewood Street, S, Woj and providing for an emergency, {For full text of Ordinance~ see Ordinance Book No. 44~ page ~3.) Mr. Grove moved the adoption Of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove~ Nubard, Taubman~ and Mayor Taylor ......................................................... 6. NAYS~ None ....................................................0. (Council member Thomas absent) SEWERS AND STOP. DRAINS: The City Manager submitted a written report reconunending authorization to prepare and execute necessary documents to acquire an easement for the relocation of the 48' Roanoke R~ver Interceptor across Lot 8, Block l, Eastover Place, from Mr. and Mrs. J. E. Parse11 for the sum of $408.00, with the stipulation that provision be made that a retaining wall may be built by thc owners of this proporty across the easement at some future date. (For full text, see report on file in the City Clerk's office.) Mr. Hubard offered the following emergency Ordinance: (%23620) AN ORDINANCE authorizing and providing for the City's acquisition of a certain perpetual easement in land needed for the proposed relocation of the p~anoke River sanitary sewer interceptor, in the City, upon certain terms and provisions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 74.) Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman and Mayor Taylor ........................................................ 6. NAYS: None .................................................. 0. (Council member Thomas absent) PARKS AND pLAyGROUNDS: The City Manager submitted a written report in connection with Veterans Administration Hospital surplus property -Route 117 {Peters Creek Road) extension, reco=:nending that the City withdraw the application for this land, and if possible, purchase it outright from the Federal Government at the time it is placed on the market, exercising a locality's option to negotiate purchase prior to sealed bids being requested by the General Services Administra- tion, and that the City Manager's Office be granted authority to negotiate a price for this property subject to Council's approval of the final price. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that the City Attorney be instructed to prepare the proper measure advising the General Services Administration of the interest of the City of Roanoke in respect to this property and informing them that the City would like to submit a bid prior to sealed bids being requested by the G.S.A. The motion was seconded by Mrs. Bowles and adopted. STADIUH: The City Hanager submitted a written report advising of the loss of the Tuft Kote Bermuda Sod at Vlcto~ Stadium due to the unusually cold winter and that this type of grass is to be tried once more on the football field. (For full text, see report on file in the City Clerk's Office.) Mr. Hubard moved that the report be received and filed. The motion was seconded by Mr. Taubman and adopted. CITY ENGINEER-BUILDINGS-CITY pLANNIRGI The City Manager submitted a written report in connection with a change fund and sale of maps in the Engineering Planning and Building Inspection Departments. In this connection, the City Manager verbally requested that the report be withdrawn. Mr. Hubard moved that the report be withdrawn from the agenda. The motion was seconded by Mr. Taubman and adopted. TRAFFIC= The City Manager sub~ltted a written report as to the status of the proposed traffic signal installation at the intersection of Riverland Road and Garden City Boulevard, S. E. (For full text, see report on file in the City Clerk's office.) Mr. Roy Dalton, 3404 Ventnor Road, S. E., appeared before Council and advised of the hazardous traffic conditions at Riverland Road and Garden City Boulevard. He suggested that the intersection of Garden City Boulevard and Riverland Road be widened so that a three-way traffic light may be installed. Mr. Hubard moved that the status report be received and filed. The motion was seconded by Mr. Taubman and adopted. AIRPORT: The City Manager submitted a written report in connection with the request of Hr. Michael S. Ferguson, Attorney, representing the General Aviation Community Committee, for a stay in the receipt of bids for security fencing proposed at Roanoke Municipal Airport, Woodrum Field, advising that an addendum has been sent to all prospective bidders postponing the bid opening date and a revised fence location has been proposed to the Federal Aviation Administration for their consideration and assuming the FAA concurs in this revised location and the Airport Advisory Commission concurs, Council's concurrence in proceeding with the advertisement for bids on the new location is requested. {For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that the report be received and filed and concurred in by Council. The motion was seconded by Mr. Hubard and adopted. FIRE DEPARTMENT: The City Manager submitted a written report recom- mending approval of the joint use of the city's Fire Training Tower by area rescue squads and Fire Departments. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that Council concur in the report. The motion was seconded by Mr. Hubard and adopted. SEWEP~ AND STOP~ DBAINS: The City Manager submitted a written report reco~endlng that the city have the dedication of the Sewage Treatment Plant expansion on Sunday, June 19, 1977, at 2:00 p.m., and requesting that Council concur in the date and invite certain officials to attend the ceremony. 397 398 (For full text, see report on file in the City Clerk's Office.) Hr. Hubard moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by ~lr. Taubman and adopted. BUDGET-SCHOOLS: The Director of Finance submitted a written report in connection with the matter of the Roanoke City School Board furnishing some typo of monthly report of receipts and expenditures in order that the school budget may be monitored On a month to month basis, transmitting copy of an opinion from the City Attorney, and advising that the request of Council is a step for greater accountability and he would hope the School Board would voluntarily agree to be more informative and share their knowledge with those who desire it. {For full text, see reports on file in the City Clerk's Office.) Hr. Grove moved that the report be received and filed. The motion was seconded by Hr. Garland and adopted. REPORTS OF COMMITTEES: PARKS AND PLAYGROUNDS= A report of the conmittee appointed to etudy bids received for alterations and additions at Mornlngside Park, recommending that the low bid of Southwest Construction Company, Incorporated, in the amount of $15,350.00, be accepted, and that funds bo appropriated therefor, was before Council. (For full text, see report on file in the City Clerk's Office.) Hr. Taubma~ offered the following emergency Ordinance transferring $3,700.00 from Programs Development, $1,650.00 from Local Option/Contingency and approeriating $5,350.00 to Park Area Improvements under the Community Development Block Grant Of the 1976-77 Grant Program Account= (%23621) AN ORDINANCE to amend and reordaln the City of Roanoke~s 1976-77 Grant Progra~Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 75.) Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote= AYES: Cowaci! members Bowles, Garland, Grove, Hubard, Taubman and Mayor Taylor .................................................... 6. NAYS: None ................................................0. (Council member Thomas absent) Hr. Grove offered the following emergency Ordinance accepting the proposal of Southwest Construction Company, Incorporated: (%23622} AN ORDINANCE accepting a certain bid and awarding a certain contract for alterations and additions at H~rntngside Park in the City of Roanoke, Virginia, upon certain terl~ and conditionsl rejecting certain other bids made to the City; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 44, page 75.) Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Taabman and adopted by the following vote= AYESt Council members Bowles, Garland, Grove, Hubard, Taub~an and ltayor Taylor ...................................................... 6. NA¥Ss W.ne .................................................0. (Council member Thomas absent) SALE OF P~OPERTY-SEWERS AND STORM DRAINS= A report of the Water ~esources Con~ittee reconunending acceptance of an offer of Hr. and Mrs. G. Sexton to sell to the city four lots in the vicinity of the Sewage Treatment Plant, for the sum of $12t500.00, and that the money be appropriated therefor, was before Council. (For full text, see report on file in the City Clerk's office.} Hr. Nubard offered the following emergency Ordinance transferring $12,500.00 from Miscellaneous Construction Projects to Land Purchase u~der Section %2401, 'Capital Outlay From Revenue,' of the 1976-77 Sewage Treatment Fund Appropri, :ion Ordinance= (t23623) AN ORDINANCE to amend and reordain Section t2401, 'Capital O~tlay From Revenue,' Of the 1976-77 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 76.} Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the f. Il.wing vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman and Mayor Taylor ........................................................ 6. NAYS: None ...................................................0. (Council member Thomas absent} Hr. Hubard offere~ the following emergency Ordinance providing for the acquisition of the property= (%23624) AN ORDINANCE providing for the Cityts acquisition of Lots 8, 20, and 21, Block 15, of the Map of Bast.vet Place in the City of Roanoke, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 77.) Hr. Nubard moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the followlng vote: AYES: Councll members Bowles, Garland, Grove, Bubard, Taubman, and Mayor Taylor ................................................. 6. NAYS: None ............................................0. (Council member Thomas absent) UNFINISHED BUSINESS= NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND~J~LRYS: Ordinance No. 23603 permanently vacating, discontinu- ing and closing that portion of Richmond Avenue between llth and 12th Streets, and that certain alleyway located between 11th and 12th Streets extending from Jackson Avenue to P~chmond Avenue, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hrs. Bowles offering the followlng for its second reading and final adoption: 399 4OO (t23603) AN ORDINANCZ permanently vacating, discontinuing and closing that portion of Richmond Avenue between llth and 12th Streets, and that certain alleyway located between llth and 12~h extending from Jackson Avenue to Richmond Avenue, which are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 44, page 67.) Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove~ Rubard, Taubman and Mayor Taylor ........................................................ 6. NAYS: None- ..................................................0. (Council member Thomas absent) ZONING~ Ordinance No. 23604 rezoning that area bounded on the west by Nelms Lane, N, E., and the south and the east by Old Mountain Road, being described as Official Tax Nos. 7360801, 7390935 - 7390937, Inclusive, 7390801 - 7390820, inclusive, 7390701 - 7390727, inclusive, 7390901 - 7390934, inclusive, 7410101 - 7410146, incluslve, and 7410201 - 7410230, Inclusive, from AG, Agricultural District, to RS-3, Single-Fa~iiy Residential District, having prevlously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Taubm~n offering the following for its second reading and final adoption: (%23604) AN ORDINANCE to amend Title XV, Chapter 4.1, Sec. 2, of the Code of the City of Roanoke (1956), as amended, and Sheet Nos. 736, 739, 740, and 741, Sectional 1976 Zone Map, City of Roanoke, with respect to Zoning. (For full text of Ordinance, see Ordinance Book No. 44, page 69.) Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Coth~cil members Bowles, Garland, Grove, Ta~bman and Mayor Taylor ................................................................. NAYS: None- ................................................. 0. (Council member Bubard was out of the Council Chamber) (Council member Thc~as was absent) COUNCIL-REGIONAL JAIL: Council having instructed the City Attorney to prepare the proper measure providing for a special meeting of the Councll on June 23, 1977, at 2 p.m., in the Council Chamber for the purpose of opening bids for the regional jail, he presented same~ whereupon, Mr. Grove offered the followlnc Resolution: (123625) A RESOLUTION fixing the date of a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 44, page 78.} Mr. Grove moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Taubman and Mayor Taylor .................................................................. NAYS: None ...................................................0. (Councll member Hubard was out of the Councll Chamber} (Council member Thomas was absent) STREET NA~ESz Council having directed the City Attorney to prepare the proper measure changing the name of a portion of a certain street within the corporate limits of the City of Roanoke frc/a Bratton Lawn Drive to Richard Avenue, N. E., in order to provide a u~ified street name eyetem, he presented same~ whereupon, Hrs. Bowies moved that the follOWing Ordinance be placed upon its first reading: ({23626) AN ORDINANCE changing the name of a portion of a certain street within the corporate limits of the City of Roanoke from Bratton Lawn Drive to Richer Avenue, N. ~., in order to provide a unified street name system. The motion was seconded by Mr. Garland and adopted by the following vote= AYES: Council members Bowlest Garland, Grove, Taubman, and Hayer Taylor .................................................................. S. NAYS: None ...................................................0. (Council member Hubard was out of the Council Chamber) (Council member Thomas was absent) ACTS OF ACKNOWLEDGEMENT-TOTAL ACTION AGAINST POVERTY: Council having directed the City Attorney to prepare the proper measure expressing Council's appreciation to the members of the Teen-Age Alliance of Southeast for their time and work in helping those residents of the southeast area of the city and in improving their neighborhood, he presented same; whereupon, Mr. Taubman offered the following Resolution: (~23627) A RESOLUTION expressing the Council's appreciation to the members of the Teen-Age Alliance of Southeast for their time and work in helping those residents of the Southeast area of the City and in improving their neighborhood. (For full text of Resolution, see Resolution Book NO. 44, page 78.) Mr. Taubman moved the adoption of the Resolution. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman and Mayor Taylor .................................................................. 5. NAYS: None- ..................................................0. (Council member Hubard was out of the Council Chamber) (council member Thomas was i[ absent) Ii REFUSE COLLECTION: Council having directed the City Attorney to prepare il the proper measure authorizing and directing the City Manager to accept a certain I! offer to amend an agreement entered into with the Town of Vinton and FWC Corporation~ upon certain terms and conditions, relative to the landfill in the Town of Vinton, he presented same; whereupon, Mr. Grove offered the following emergency Ordinance: (%23628) AN ORDINANCE authorizing and directing the City Manager to accept a certain offer to amend a certain agreement heretofore entered into with the Town of Vinton and FWC Corporation, upon certain terms and conditions, and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 44, page 79.) Mr. Grove moved the adoption of the Ordinance. The motion was seconded hyMr. Tau~man and adopted by the following vote: 401 4O2 AYES~ Council members Bowles, Garland, Grove, Hubard, Taubma~, and Mayor Taylor ....................................................... 6. NAYS~ None- ................................................ 0. CCouncil member Thomas absent} STATE HIGHWA¥S~ Council having directed the City Attorney to prepare the proper measure requesting the State Department of Highways and Transportation to proceed with ell deliberate speed to take such steps as may be necessary to complete the 10th Street, N. W., improvements from Fairfax Avenue to Wllliamson Road, within the corporate l~nits of the City, he presented same; whereupon, Hrs. Bowles offered the following Resolution~ (~23629) A RESOLUTION requesting the State Department of Highways and Transpertation to proceed with all deliberate speed to take such steps as may be necessary to complete the 10th Street, N. W., improvements from Fairfax Avenue to Williamson Road, within the corporate limits of the City. (For full text of Resolution, see Resolution Book No. 44, page 80.} Mrs. Bowles moved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopte~ by the following vote= AYES= Council m~mbers Bowles, Garland, Grove, Rubard, Taubman and Mayor Taylor ....................................................... 6. NAYS: None ..................................................0. (Councll member Thomas absent} SALE OF PROPERTY-FIRE DEPARTMENT: Councll having directed the City Attorney to prepare the proper measure providing for the acquisition by the city of a certain parcel of la~d located at the intersection of Peters Creek Road and Appleton Avenue, N. W., in the City of Roanoke, upon certain term~ and conditions, from Leonard T. Gilbert and Warren W. Gilbert, for the cash sum of $65,000,00, he presented same; whereupon, Hr. Hubard offered the following emergency Ordinance: (~23630} AN ORDINANCE providing for the City's acquisition of a certain parcel of land located at the intersection of Peters Creek Road and Appleton Avenue, N. W., in the City of Roanoke~ upon certain term~ and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 44, page 80.} Mr. Hubard moved the adoption of the Ordinance. The motion was seconded hy Hr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Nubard, Taubman and Mayor Taylor ..........................................................6. NAYS: None ..................................................... 0. (Council member Thomas absent) PENSIONS= Council having directed the City Attorney to prepare the proper measure providing for a cost of llvlng increase for retirees of the city comparable to that granted to regular city employees for fiscal year 1977-78, he presented same; whereupon, Mr. Garland offered the following emergency Ordlna~ce amending the City Code= (%23631} AN ORDINANCE amending Section 7, Benefits, Of Chapter 1, General Provisions, of Title III, Pensions and Retirement, of The Code of the City of Roanoke, 1956, as a~ended, by the addition of a new subsection to be numbered (25), ~rovlding for certain supplemental benefits under the F~ployees Retire~ent System to certain persons receiving benefits under such System on July 1, 1977, and assuring certain minimum benefits to members of such System who, on or after July l, 1977, are eligible for retirement; and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 44, page Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Tauhman and adopted by the following votes AYES: Council members Bowles, Garland, Grove~ Nubard, Taubman and Mayor Taylor ......................................................... 6. NAYS= None .................................................... (Council member Thomas absent} Mr. Taubman moved that the following Ordinance providing for certain supplemental benefits under the Employees~ Retirement System to certain persons receiving same on July 1, 1977, and assuring certain minimum benefits to members of such System who, on and after July 1, 1977, are eligible for retirement, be placed upon its first reading~ (%23632) AN ORDINANCE providing for certain supplemental benefits under the E~ployees~ Retirement System to certain persons receiving benefits on July 1, 1977, and assuring certain mtnimem benefits to me~bers of such System who, on and after July 1, 1977, are eligible for retirement; and providing for an effective date of July 1, 1977, for this Ordinance. (For f~ll text of Ordinance, see oruinance nook ~o. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taubman and Mayor Taylor ............................................................ 6. NAYS= None .................................................... 0. (Council member Thomas absent) TPJkFFIC= Council having directed the City Attorney to prepare the proper measure increasing parking meter rates, he presented same; whereupon, Mr. Grove offered the following emergency Ordinance= (%23633) AN ORDINANCE amending Sec. 88. Installatlon and Operation of parking meters; time limits, of Chapter 1, Traffic Code, Title XVIII, Motor Vehicles and Traffic, Of The Code Of the City of Roanoke, 1956, as amended, by providing for an increase in parking meter fees; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 44, page 82.) Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the followlng vote: AYES: Cownci! members Bowles, Garland, Grove, Hubard, Taubman and Mayor Taylor .......................................................... 6. NAYS= None .................................................... 0. (Cotulcll member Thomas absent) BUSES= Mr. Hubard moved that the following Ordinance authorizing the City's lease of certain land and improvements thereon to Greater Roanoke Transit Company, upon certain terms and conditions, be placed upon its first reading: 4O8 404 (~23634) AN ORDZNAHCE authorizing ~he CLty's lease of certa/n lend and improvements thereon, to Greater Roanoke Transit Company, upon certain ter~s and conditions. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by }ir. Ta-bm~n and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Nubard, Taubman and Mayor Taylor .......................................................... 6. NAYS= None ...................................................... 0. (Council member Thomas absent) BUSES= Mr. Eubard offered the following Resolution concurring in and appl the filing by Greater Roanoke Transit Cempany of an application with the Department of Transportation, Urban Mass Transportation Administration, seeking operating funds for fiscal 1978, pursuant to Section 5, Operating Grant Assistance, of the Urban Mass Transportation Act= (%23635) A P~$OLUTION concurring in and approving the filing by Greater Roanoke Transit Company of an application with the Department of Transportation, Urban Mass Transportation A~inistration, seeking operating funds for Fiscal 1978, pursuant to Section 5, Operating Grant Assistance, of the Urban Mass Trans- portation Act. (For full text of Resolution, see Resolution Book No. 44, page Mr. Bubard moved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taubman and Mayor Taylor ......................................................... 6. NAYS= None .................................................... (Council member Thomas absent) EQUIPMENT= Council having directed the City Attorney to prepare the proper measure providing for the purchase of a data communications package consisting of computer hardware and software necessary to replace various communica- tions terminals in the city of Roanoke, City of Salem and Roanoke Cotuaty, accepting the proposal of Datagoint Corporation, upon certain terms and conditions, he presented sa~e; whereupon, Mr. Tach,an offered the following emergency Ordinance: (%23636} AN ORDINANCE providing for the purchase of a data co~nuni- cations package consisting of computer hardware and software necessary to replace various communications terminals in the City of Roanoke, City of Salem and Roanoke County, accepting the proposal of Datapoint Corporation, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 44, page 84.) Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES= Cotmcll me~lbers Bowies, Garland, Grove, Rubard, Taubman and Mayor Taylor .......................................................... 6. NAYS: None ..................................................... (Council member Thomas absent} )ving BUDGETs Council at its Financial and Planning Session on Monday, May 17, 1977, having directed the City Attorney to prepare the proper measure appropria- ting and/or transferring certain funds, he presented same~ whereupon~ Mr. Hubard offered the following emergency Ordinance: (~23637) AN ORDINANCE to amend and reordain certain sections of the 1976-77 Civic Center Fund Appropriation Ordinance~ and certain sectlons of the 1976-77 General Fund Appropriation Ordinance, and providing for an emergency. {Pot full text of Ordinance, see Ordinance Book No. 44, page 85.) Mr. Bubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Rubard, Taubman and Mayor Taylor ...................................................... 6. NAYS: None .................................................0. (Council member Thomas absent) MOTIONS AND MISCELLANEOUS BUSINESS= COP/~ITTBES-CITIZENS~ TASK FORCE FOR CRIME PREVENTION AND SOCIAL DEVELOPMENTt The Mayor called to the attention of Council that there are several vacancies on the Citizens~ Task Force for Crime Prevention and Social Development and called for nominations to fill the vacancies. Mr. Hubard placed in nomination the name of Mr. Dennis Montgomery. There being no further nominatioss, Mr. Montgomery was elected as a member of the Citizens~ Task Force for Crime Prevention and Social Development to fill the unexpired term of Judge L. L. Koontz, resigned, ending June 30, 1977, by the following vote: FOR MR. MONTGOMERY: Council members Bowles, Garland, Grove~ Nubard, Taubman and Mayor Taylor ..................................................... 6. (Council member Thomas absent) HOUSING-SLUM CLEARANCE: The City Clerk reported that Mr. Dennis Montgomer has qualified for a term of two years ending March 31, 1979, and Messrs. Earl H. Pullen, James G. Harvey, II, and Clark M. Thomas have qualifled for terms of three years each ending March 31, 1980, as members of the Fair Housing Board. Mr. Hubard moved that the report be received and filed. The motion was seconded by Mr. Taubman and adopted. OTHER HEARINGS OF CITIZENS: NONE. There being no further business, the Mayor declared the meeting adjourned. APPROVED ATTEST: City Clerk Mayor 405 406 COUNCIL, S PECI~tJ~ Tuesday, Hay 31t The Council of the City of Roanoke met in special meeting In the Council Chm~ber in the iunlctpal Building, City of Roanoke, on Tuesday~ Hay 31, 19~?, at 2~00 p.m., with Hayor Noel C. Taylor presiding. PRESENTs Council members Elizabeth T. Bowles, Robert A. Garland, Lucian ¥. Grovet William $. Hubardt Hlcholas F. Taub~an, Hampton W. Thomas and Hayor Noel C. Taylor ................................................. 7. ABSENTs None ................................................ 0. OFFICERS PRSSENT~ Hr. Byron E. Haner, City Hanager~ Hr. Sam H. HcGhee, III, Assistant City Hanager~ Hr. Wilburn C. Dibling, Jr., City Attorneyt Hr. James E. Buchholtz, Senior tssistant City Attorney~ Hr. Joel H. Schlanger, Director of Finance~ and Hfs. Hary P. Parker, City clerk. INVOCtTIONI The meeting vas opened with a prayer by Hayor Noel C. Taylor. BUDGET-REVEnUE SHARING: The Hayor advised that the purpose of the meeting was to hold a public hearing on the 1977-~8 fiscal year budget, including proposed use Of federal revenue sharing funds, and he called upon the City Hanager to make a presentation. Thc City Hanager stated that the Federal Revenue Sharing Act as revised by the Federal Government during this past fiscal year included a stipulation that prior to submittal of the budget to Council, a public hearing must be held by the City Hanager to receive input from the citizens, that prior to the adoption of the budget, once the Councilmanic action is complete, ~nother public hearing must be held to receive further input from the citizens in respect to what has been included in the budget. Be noted as a result of that requirement, there was published in The Roanoke Times and World News on Hay 20, 1977, a complete copy of the proposed budget includino s revenue smnmary, the proposed expenditures and the total funds with respect to revenue sharing and how those funds will be spent. In respect to the listing o£ expenditures, he noted that this was published prior to Council's meeting on Hay 23, 19~7, at which time Council revised the budget by deducting $183,272 from Contingencies and added that amount to the School budget and this is a change from t_he publication that appeared in the newspaper. He said the city anticipates receiving $2,V72,20~, in federal revenue sharing and i~ will be utilized as it has in the past year, $1,65~,715 to be used for salaries and wages in the Police Department and $1,112,493 to be used for salaries and wages in the Fire Department. He further stated that this usage has nothing to do with the human services aspect where Council has indicated and has included $554,441 or 20 per cent of $2,772,208 for human service needs. No one appearing before Council in connection with the public hearing, Mr. Bubard moved that the report of the City Manager be received and filed. The motion was seconded by Mrs. Bowles and unanimously adopted. The Director of Finance submitted a written report certifying that funds required for the 1977-78 General Fundw Water Fund, Sewage Treatment' Fund, Roanoke Civic Center Fund and Airport Fund budgets will be available for appropria- tion. [For full text, see report on file in the City Clerk's Office.) Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Taubman and unanimously adopted. Mr. Taubman offered the following emergency Ordinance making appropriatiorfs from the General Fund of the City of Roanoke for the fiscal year beginning July 1, 1977, and ending June 30, 1978, tn the total amount of $68,780,564.00: (123638) AN ORDINANCE making appropriations fr~ the General Fund of the City of Roanoke for the flsca! year beginning July lw 1977, and ending June 30, 1978~ and declaring the existence Of an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taub:uan moved the adoption of the Ordinance. The motion was seconded by Mr. Grove. Mr. Garland noted his opposition to the curbside trash collection and advised that he has to vote against the Ordinance making appropriations to the General Fund as a protest against the proposed change. Ne expressed the opinion that the majority of taxpayers would rather retain the utility tax at 20 per cent in order for there to be sufficient funds in the budget to cover backyard trash collection. In clarification, Mr. Nubsrd stated that the Council has not mandated any form of refuse collection or any change in refuse collectlon, it has simply said that refuse collectlon is not the type of policy decision that should be made by the Council and the Council, by a 5 - 2 vote, passed a motion which will allow the City ~nager to make the decision as to refuse collection in the City of After further discussion of the matter, }Ir. Garland offered a substitute motion that the utility tax be retained at 20 per cent and that the City Manager be instructed to make no change in the method of refuse collection. The motion failed for lack of a second. Mr. Thomas offered a substitute motion that the appropriation to the bus company be reduced by $350,000.00 in lieu of changing to curbside refuse collection. The motion failed for lack of a second. Ordinance No. 23638 making appropriations to the General Fund was then adopted by the followlng vote: Mayor Taylor ............................................................ 6. NAYS: Council member Garland .................................1. BUDGET-WATER DEPARTMENT: Mr. Thomas offered the following emergency Ordinance making appropriations from the Water Fund for the City of Roanoke for the fiscal year beginning July l, 1977, and ending June 30, 1978, in the total amount of $4,397,350.00: 407 408 (%23639) AN ORDINANCE making appropriations from the Water Fund for the City of Roanoke for the fiscal year beginning July 1, 1977, and ending June 30, 1978! and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion vas seconded by Hr. Bubard and adopted by the following vote~ AYES~ Council m~abers Bo~les, Garland, Grove, Bubard, Taubman, Thomas and Hayor Taylor ................................................. NAYS{ None- ..................................................0. BUDGET-SE~ERS AND STOP~IDRAINS= Hr. Thomas offered the following emergency Ordinance making appropriations from the Sewage Treatment Fund for the City of P~anoke for the fiscal year beginning July 1, 1977, and ending June 30, 1978, in the total amount of $5,147,881.00= ({23640} AN ORDINANCE making appropriations from the Sewage Treatment Fund for the City o£ Roanoke for the fiscal year beginning July l, 1977, and ending June 30, 1978; and declaring the existence of an emergency. {For full text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the folloving voter AYES: Council members Bo~les, Garland, Grove, Hubard, Taubman, Thomas and Hayor Taylor ................................................... BUDGET-CIVIC CENTER~ H~. Grove Offered the following emergency Ordinance making appropriations from the Civic Center Fund of the City of Roanoke for the fiscal year beginning 3uly l, 1977, and ending June 30, 1978, in the total amount of ({23641) AN ORDINANCE making appropriations from the Civic Center Fund of the City of Roanoke for the £iscal year beginning July l, 1977, and ending June 30, 1978; and declaring the existence o£ an emergency. (For full text Of Ordinance, see Ordinance Book Hr. Grove moved the adoption of the Ordinance. The motion was Seconded by Hrs. Bowles and adopted by the following voter AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................7. NAYS: None ................................................... BUDGET-AIRPORT: Mr. Taubman offered the following emergency Ordinance making appropriations from the Municlpal Airport Fund of the City of Roanoke for the fiscal year beginning July 1, 1977, and ending June 30, 1978, in the total amount of $1,704,660.00: (123642) AN ORDINANCE making appropriations from the Municipal Airport Fund of the City of Roanoke for the fiscal year beginning July 1, 1977, and ending June 30, 1978; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: andMayor Taylor ............................................................. NAYS~ None ...................................................... 0. BUDGET-CITY EHPLOYEES-PAY PLAN~ Hrs. Bowles offered the following emergency Ordinance repealing Ordinance No. 23035 adopted on June 23, which stayed, pending further action of Council, provisions of Section Chapter 13, Title II, Administration {now Section 10, Chapter 13.1, Title Administration), of The Code Of the City of Roanoke, 1956, as emended, providing the classified service Of the City as set out in the City's Pay Plan= (~23643) AN ORDINANCE repealing Ordinance No. 23035, adopted Jtule 23, 1976, which stayed pending further action of Council provisions of Section Chapter 13, Title II, Administration {now Section 10, Chapter 13.1, Title Administration}, Of The Code of the City of Roanoke {1956), as amended, providing the classified service cf the City as set out in the City's Pay Planl and providing for an emergency. effective July 1, 1977, and amending and modifying Ordinance No. 22330 to (t23644) AN ORDINANCE to adopt and provide a new Pay Plan as required by Section 10, Chapter 13.1, Title II, Administration, of The Code of the City of Roanoke (1956), as amended, for the employees of the City of Roanoke effective July 1, 1977; amending and modifying Ordinance No. 22330 to the extent (For full text of Ordlnance, see Ordinance Book No. seconded by}tr. Hubard and adopted by the following vote: officials and employees of the City: (%23645) AN ORDINANCE fixing the annual compensation of certain 409 410 (For full text of Ordinance, see Ordinance Book No. The City~anager advised that the Ordinance does not include the salary of the Commonwealth's Attorney, ~hat there is a question as to whether to apply the ? 1/2 per cent or 90 per cent of the salazy of the Circuit Court Judges. He noted that once the State Compensation Board provides the city with their figures in respect to the salary of the Commonwealth's Attorney, the city will have to apply the local supplement, and he will need a clarification from Council as to which method it wishes to use. After the necessary information has been received from the Sta~e Compensation Board, the City Manager was requested to furnish the Council with figures relating to both methods. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. NAYS: None ...................................................0. OTHER BUSINESS: COUNCIL: Mr. Taubman moved that Council meet in Executive Session to discuss a real estate matter. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Eubard, Taubman, Thomas and Mayor Taylor ................................................. 7. NAYS: None ...................................................0. There being no further business, the Mayor declared the special meeting adjourned. APPROVED ATTEST: City Clerk Mayor COUNCIr', REGULAR HEE~ING, Honday, June 6, 1977. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, City of Roanoke, on Honday, June 6, 1977, at the regular meeting hour, withHayor Noel Co Taylor presiding. PP~SENT: Council members Elizabeth T. Bowles, Robert A. Garland, . Lucian Y..Grove~ William S. Bubard, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor ............................................. ?. ABSENT= None ............................................. 0. OFFICERS PRESENT: Mr. Byron E. Hamer, City Manager; Mr. Sa~ H. McGhee~ III, Assistant City Manager; Mr. Wllburn C. Dlbling, Jr., City Attorney; Mr. Joel M. $chlanger, Director of Finance; and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was opened with a prayer by the Reverend Walter L. Woodt Jr., Pastor, First Pentecostal Holiness Church. MINUTRS= Copies of the minutes of the regular meeting of May 9, 1977, the regular meeting of May 23, 1977, and the special meeting of May 31, 1977, having been furnished each member of Council, on motion of Mr. Grove, seconded by Mrs. Bowles and unanimously adopted, the reading thereof was dispensed with and the minutes were approved as recorded. NEARING OF CITIZENS UPON PUBLIC MATTERS: SIDEW~K, CUP~ AND GUTTER: Pursuant to notice of advertisement for bids for miscellaneous small area street and sidewalk restoration, said proposals to be received by the City Clerk until 1:30 p.m., Monday, June 6, 1977, and to be opened before the Council at 2:00 p.m., on that date, the Mayor 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: Adams Construction Company $ 123,965.50 John A. Nail & Company, Incorporated 125,961.00 Virginia Asphalt Paving Company, Incorporated 126,945.00 Mr. Thomas moved that the bids be referred to a co~ittee to be appointed by the Mayor for tabulation, report and reco~unendatlon to Council. The motion was seconded by Mr. Taubman and unanimously adopted. The Mayor appointed Messrs. J. D. Sink, Chairman, Harold G. Hardy, and Tho~s F. Brady as me,ers of the committee. PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids for construction of the Norwich ComZ~unity Center, said proposals to be received by the City Clerk until 1:30 p.m., Monday, June 6, 1977, and to be opened before Council at 2:00 p.m., on that date, the Mayor 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: 411 412 Bidder Base Bid Alternate Blane& White Construction Company $ 227t697.00 $ 38t?00.00 Thor, Incorporated 230,000°00 40,000.00 Payee Construction Company, Incotl~orated 230,284.00 25,649.00 Hedges Lu~ber Co~poratlon 234,900°00 39,200°00 Hr. Th0~as move~ that the bids be referre~ to a committee to be appointed by the Hayer for tabulation, report and reconm~ndatlon to Council. The ~otion was eeconde~ by Hr. Taubman and unanimously adopted. The Mayor appointed Hr. Sam H. HcGhee, III, Chairman, Hrs. Frances S. Boon, and Mr. WilliamA. Hewitt as members of the committee. ZONING= Co,mci1 having set a public hearing for 2=00 p.m., Monday, June 6, 1977, on the request of Young Brothers Grocery that the westerly portion of a 1.04 acre tract Of land located on the easterly side of Helcher Street, at the northeasterly corner of Melcher Street and Yellow Mountain Mead, S. described as Acreage, Block 2, Map of Melcher, official Tax No. 4300709, be rezoncd from RD, Duplex Residential District, to C-2, General Commercial District, the matter was before the In this connection, the City Pla~inq Co==aission submitted a written report reco~nending that the request be granted. (For full text, see report on file in the City Clerkts Office.) Hr. Kenneth C. King, Jr., Attorney, appeared before Council in support of the request of his client. ~o one appearing in opposition to the request for rezoning, Mr. Thomas moved that the follow£ng Ordinance be placed upon its first reading: (%23646) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code Of the City Of Roanoke, 1956, as amended, and Sheet Ne. 430, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubma~, Thomas and Mayor Taylor ............................................. NAYS: None .............................................. 0. TRAFFIC-DOWNTOWN ROANOKE: Mr. Edwin C. Hall, Chairman, Pedestrian Improvement Task Force, Downtow~ Roanoke, Incorporated, appeared before Council and requested city participation in certain downtown pedestrian improvements, advising that it is proposed to: Do overall pedestrian improvement concept plan to relate future improvements to prototype block on Church Avenue between Jefferson Street and First Street, S. W., after initial plan is paid for and adopted by Church Avenue tenants and property owners with final approval by the city. 2. Request for City Engineering Department to do constrtlction plans for prototype and future blocks, or if city would pay Hayes, Seay, Mattern & Mattern or other architect to do plans. 3. R~quest for city to pay for extension of stoz-m drains and widening of sidewalks. 4. C~ty to consider assessing abutting property owners for improvements, as provided for in ordinance, and to see if assessment can be spread over 5 or 6 years, or if revenue bonds could be sold locally, to lighten load on property owners. 5. City to agree to consider the eli~inatlon of the bus stop in prototype block. Nearby stops on East Church, Jefferson, Campbell or Second Street, S. W., could be used.' {For full text, see written~aterial on file in the City Clerk*s Offlce.~ Mr. Taubman moved that the matter be referred to the Clty Hanagerw the City Attorney and the City Planning Co~aission for study, report and reco~nendation tO Council as promptly as possible. The motion was seconded by Mr. Hubard and unanimously adopted. PETITIONS AND COMMUNICATIONS~ NO~E. P~PORTS OF OFFICERS: BUDGET-GP~NT$-CETA~ The City Manager submitted a written report advising Of an increase in two certain CETA grants in the amount Of $1,167,903.00, and reco~nending that this amount be appropriated to the proper Grant Program Accou~t. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman offered the following emergency Ordinance appropriating $43?,438.00 to Unobllgated Funds, Title II, and $730,465.00 to Unobligated Funds, Title VI, ~nder 'efTA Administration,' of the 1976-77 Grant Program Account= (%2364?) AN ORDINANCE to ~mend and reordain the City of ~oanoke's 1976-77 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption Of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ............................................... ?. NAYS= None .................................................0. PARKS AND PLAYGROUNDS= The City Manager had previously submitted a report requesting that $4,255.00 be appropriated to the Parks and Recreation budget, representing collections for a Senior Citizens trip to Nashville, Tennessee to permit disbursement to pay expenses, he requested that the report be withdrawn from the agenda. Mr. Taubman moved that Council concur in the City Manager's request to withdraw the report. The motion was seconded by }tr. Thomas and unanimously adopted. APPALACHIAN POWER COMPANY-STATE HIGHWAYS= The City Manager submitted a written report recommending approval of the proper measure authorizing execution of two agreements with Appalachlan Power Company for the adjustment of distribution facilities for the Route 24, and 13th Street and Bennington Street, S. E., ProjectsJ~ (For full text, see report on file in the City Clerk's Office.) Mr. Garland moved that the following Ordinance be placed upon its first reading: (%23648) AN ORDINANCE authorizing and directing the proper City o£ficial~[ to execute agreements with Appalachian Power Company for adjustment Of distribution facilltles and to deliver such agreements to the State Department of Highways and Transportation. The motion was seconded by Mr. Grove and adopted by the following vote= AYES: Council members Bowles~ Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ................................................?. NAYS: None- ..................................................0. 413 414 STATE HIGHWAyS-INDUSTRIES-STREETS AND ALL~YS: The Clty Manager submitted a written report in connection with the city's endorsement of an application to the Virginia Department of Highways and Transportation for Industrial Access Funds for the extension of P~ckland Avenue, No W. (For full text, aec report on file in the City Clerk's Office.} Mr. Grove offered the following Resolution recon~nending and urging initiation of the project= (%21649} A RESOLUTION recon=nending and urging the initiation of a project to provide industrial access by extension of Rockland Avenue, N. W., to a new, expanding industry; setting OUt the need therefor; making provision for furnishing thc necessary right of way therefor and for the adjustment of utilities; and assuring the City's future maintenance of said new street. (For full text of Resolution, see Resolution Book No. Mr. Grove moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the followinq vote= AYES= Council members Bowles, Garland, Grove, Eubard, Taubman, Th~anas and Mayor Taylor ................................................. NAYS: None ....................................................0. AIRPORT= The City Manager submitted a written report requesting authority to execute Supplement No. 1 to Lease No. DOT-FA76EA-8201 with the Federal Aviation Administration, to incorporate an additional 360 square feet, being the old pilot lounge, for additional office space. (For full text, see report on file in the City Clerk's Office.) Mr. Tau~nan moved that the following Ordinance be placed upon its first reading: (%23650) AN ORDINANCE authorizing and providing for execution of a supplemental agreement identified as Supplement No. l, to the City's lease agreement dated October 10, 1975, with the United States Government, Federal Aviation Admin- istration, Lease No. DOT-FA76EA-8201, providing for the leasing of space in Building No. 1 at Roanoke Municipal Airport, Woodrum Field. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor .................................................. NAYS: None .................................................. TP~%FFIC= Pursuant to a request for information by the Council, the City Manager submitted a written report recommending against removing parking meters from city-owned property in the vicinity of the City Market area. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles stated that she is very much in favor of working with do~-ntow~ Roanoke and providing free parking is a way to draw people there, but she is very much against discrimination of merchants and customers in the City Market area and the people who shop in the market area need the same consideration and courtesy as those who shop uptown. Mr. Thc~as stated that the meters have been removed in an effort to help downtown Roanoke, advising that there has b~en no turnover in parking because the city has not been able to police the free parking spaces in the way it should and if the meters are remove~ from the market area, there will be the same problem. He said the major question is, can we really police what we have already done to the extent that it can be beneficial to downtown Roanoke as it was intended, and when that can be accomplished, moving onto additional areas will be beneficial. In response to a question raised by members of Council, the City Manager advised that the administration concurred in removing certain parking meters as a test for six months, that they were apprehensive, and they knew the enforcement would be much more difficult with the same number of people. He said that we are still in the middle of the test period and at the end of the test period the actministration will come with recom~endations to Council. Mr. J. D. Sink, Director of Public Works, advised that a traffic study is in the process of being prepared and it should be in Council's hands within the next two weeks. Hr. Thomas moved that the City Manager's report be referred back to him for such additional information as he would care to submit after receipt of the report from the Director of Public Works in reference to the overall situation of parking in downtow~ Roanoke. The motion was seconded by Hr. Garland. Hr. Russell Hannabass, representing City Market merchants, appeared before Cou~cll and stated that perhaps market merchants are being discriminated against to some extent, that they realize the parking meters were removed uptow~ on a trial basis and there is no question that the privilege is being abused, and in their area, they would not agree with a three hour market zone because market customers are a 15 - 20 minute operation. He said the whole dow~tow~ parking situation needs to be reviewed and instead of putting a mall in the center of Jefferson Street, he suggested that traffic be conveyed around downtown moving west on Salem Avenue and east on Tazewell Avenue and put in a shopping area. He said there will be congestion, but where there is congestion there is business, and if the merchants do the business, then neither the City Manager nor Council will have to worry about the $11,000 loss of revenue in parking meter fees. The Mayor called for a vote on the motion~ whereupon, it was unanimously adopted. STATE HIGHWAYS= The City Manager submitted a written report advising of a public hearing to be held by the Virginia Highway and Transportation Comlnissiom at 9 a.m., Wednesday, June 8, 1977, at The Hotel Roanoke to receive public comment on the tentative allocation of highway funds for fiscal year 1977-78. (For full text, see report on file in the City Clerk's Office.) The Assistant City Manager raised question as to the status in the allocatlon of funds to the Vinton Hill Road Project as it might enter into the Comprehensive Plan, advising that the Project has been given a higher priority by the State than the City and he would like to be in a position to make a positive statement at the public hearing as to Council's desires. 415 416 Hr, Hubard~oved that Council indicate that of the priorities listed. the Vlnton Mill Road Project has the lo.est priority, The motion was seconded by Hr. Taubman and unanimously adopted. EQUIPMENT-CITY ENGINEER-CIVIL DEFENSEs The City Manager submitted a written report concurring in a report of the Bid Com~Ltttee reco~mending that the bid of Motorola Com~unications and Electronics, Incorporated, for a communications console and remote desk sets, in the amount of $17,800.00, be accepted. (For full text~ see reports on file in the City Clerk's Office.) Mr. Hubard offered the following emergency Ordinance accepting the bid of Motorola Communications and Electronics, Incorporated~ (%23651) AN ORDINANCE providing for the purchase of certain communicatioffs equipment for use by the City, upon certain terms and provisionsl and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Eubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................... 7. NAYS: None .................................................0. COUNCIL: The City Attorney submitted a written report requesting an Executive Sessiom to discuss two matters of pending litigation. Mr. Thomas moved that Council concur in the request. The motion was seconded by Mr. Hubard end adopte~ by the following vote: AYES: Council m~mbers Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................ NAYS: None .................................................. 0. PENSIONS: Council having previously requested the Director of Finance to submit a report on a request of Mr. Silas H. Weddle that his current pension status and that of other pension recipients of the old Police and Fire Pension System be reviewed, the Director of Finance submitted a written report recommending that all pension recipients be considered on an equal basis for any future changes that occur and that the matter be received end filed since it has been thoroughly reviewed. {For full text, see report on file in the City Clerk's Office.) Mr. Silas H. Weddle appeared before Council and stated that the Director of Finance zeroed in on his individual situation, that he would like to be removed from the matter and he requested that Council do whatever it feels is right for the other people involved. Hr. Thomas stated that this matter has been pending for approxi/nately six months and when it originally came before Council, Hr. Larry Musgrove made the presentation, that he does not take issue with the contents of the report but before final action is taken, Hr. Musgrove should have an opportthnity to speak on behalf of the pension recipients. ~. Hubard moved that action on the report be deferred until the next regular meeting of Council on Monday, June 13, 1977, with the request that the city Clerk send a copy of the report to Mr. Musgrove with the suggestion that he might want to appear b~fore the Council at that time. The motion was seconded by Mr. Thomas and unanimously adopted. SCHOOLS~ The City Clerk submitt~ a written report advising of the expiration of the terms of Messrs. Joseph K. Ingram and Daniel E. Wooldrldge as members of the ~oanoke City School Board on June 30, 1977, that applications are now being received in the City Clerk's Office for the two vacancies, that the Council will hold a public hearing on Wednesday, June 22, 1977, at 7:30 p.m., to interview all candidates and the Council will hold an election to fill the two vacancies at its regular meeting on June 27, 1977. (For full text, sea report on file in the City Clerkms Office.) It appearing that several members of Council would not be able to attend the public hearing on June 22nd, Hr. Taubman moved that the City Clerk be instructed to set the public hearing as soon after June 22, 1977, as possible at a date that will be mutually agreeable to the me--rs of Co~u~cil. The motion was seconded by Mr. Hubard and unanimously adopted. REPORTS OF COHHITTEES: AUDIT COH}{ITTEE: Minutes of the meeting of the Audit Co~ittea held on }{ay 23, 1977, were before Council. (For full text, see minutes on file in the City Clerk's Office.} Mr. Hubard moved that the minutes be received and filed. The motion was seconded by Hr. Taub~n and unanimously adopted. Mr. Hubard then offered the following Resolution providing that all proposals from private auditors and auditing firms for the examination and audit of accounts, books and records of city funds be referred to the Audit Co~ittee of City Council for evaluation and recommendation to Council as a whole: (%23652) A ~ESOLUTION providing that all proposals from private auditors and auditing firms for the examination and audit of accounts, books, and records of City funds be referred to the Audit Co~ittea of City Councll for evaluation and reco~nendation to Council as a whole. (For full text of Resolution, see Resolution Book No. Mr. Hubard moved the adoption of the Resolutlon. The motion was seconded by Hr. Taubu~n and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas andMayor Taylor ................................................ NAYS: None ................................................. 0. REGION~J~ JAIL: Hr. Nubard, Chairman of the Jell Study Committee, advised that some time ago the Co~=~ittee requested Sheriff Paul 3. Puckett to Department of Corrections as to what staffing would be inquire from the State raco~nended by that Department for the clty's new jail facility~ whereupon, he sented a personnel survey ~u~dar date of April 4, 1977, advising that the most noteworthy information is that the State Department of Corrections is recommending an increase in staffing from 29 to 51, that a n~m~ber of these slots are mandated 417 418 because of the ney design of the iai! and wll! of necessity increase the number of ~ail officials and this will increase the City's costs considerably with two- thirds being borne by the State. He then requested the City Hanager to present a rough estimate of how this will affect the City's budget. The City Manager replied that the present cost of personnel under the current budget is $292,913o00 and utilizing approximate figures, the budget would be increased to approximately $520,000.00, and of that amount with the State paying two-thirds and the City paying one-third, that would be approximately a $75t000.00 per year increase in personnel costs. Hr. Henry Brabham spoke on behalf of Sheriff Puckett, advising that it will take this many people to provide a safe secure operation and the State mandates certain facilities with necessary staffing. Hr. ?a~bman made reference to the per diem fees the City receives from the State for prisoners held in our facility on state charges either prior to or subsequent to a trial, advising that our costs will increase substantially due to capital costs and we should, at sc~e future date, request the State to take into consideration the additional capital costs. Hr. Hubard moved that the report be received and filed. The motion was seconded by Hr. Taubman and unanimously adopted. BUDGET-REVENUE SHARING-HUHA~ RESOURCES COMMITTEE: }ir. Willia~A. Hewitt, Chairman of the human Resources Co~mitteew appeared before Council and presented a report of the Committee making certain recommendations relative to applications received from various agencies for city funds for fiscal year 1978- 79. (For full text, see report On file in the City Clerk's Office.) Mr. Taubman called attention to several agencies that filed requests for funds but were not funded because the Human Resources Co~nlttee felt they did not serve human service needs and moved that the request of the SPCA, in the amount Of $6,000.00, the request of the Roanoke Valley Chamber of Con=aerce, in the amount of $22,150.00, and the balance of the request of Virginia Western Con=nunity College, in the amo~t of $50,730.00, be referred to Council as a Committee of the Whole at its Financial and Planning Session on Monday, July 18, 1977, for consideration Of complete or partial funding. The motion was seconded by Mr. Hubard. Hr. Edward Allen representing VP! & SU Extension Service, appeared before Council in reference to the proposed allocation of $24,000.00 recommended by the Con~nittee and requested that Councll consider funding the Extension Service at the requested a~ount of $47,757.00. Hr. Taubman and Hr. Hubard agreed to amend the motion to include the request of VP~ & SU Extension Service for consideration at the Financial and Planning Session on July 18th. The Mayor then called for a vote on the motlon~ whereupon, it was unanimously adopted. Hr. Taubman moved that Council concur in the report of the H~uaan Resources Con=nittee. The motion was seconded by Mr. Garland and unanimously adopted. BUDGET-REVENUE SHARING-HUMAN RESOURCES CO~MITTEB= The Human Resources Comittee su~nitted a written re~ort advising of a request of Roanoke Area Ministries for an emergency appropriation of $1,000.00, recom~ending that $350.00 be appropriated to PAM fro~ the contingency funds. (For full text, see report on file in the City Clerk's Office.) Hr. Leonard M. Pick, Director, Roanoke Area Ministries, appeared before Council in support of the request and gave a presentation as to the purpose of RAH. Hrs. Bowles offered the following emergency Ordinance transferring $350.00 from Contingency Funds to Roanoke Area Ministries under Section !1832, 'Contributions and Subsidies', of the 1976-77 budget= (123653) AN ORDINANCE to amend and reordain Section t1832, 'Contributionl a~d Subsidies,' of the 1976-?? Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hrs. Bowles moved the adoption of the ordinance. The motion was seconded by Mr. Garland and adopted by the followlng vote= AYES= Councll members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................... NAYS= None .................................................0. LIBRARIES= Mr. Evans B. Jessee, President, Roanoke Public Library Board, appeared before Council and presented two Resolutions adopted by the Board on Hay 5, 1977, concerning funding overtime pay in the library budget and an addition to the main library. {For full text, see report and Resolutions on file in the City Clerk's Office.) Hr. Eubard moved that the Resolution supporting overtime pay be received and filed since funds were included in the 1978-79 fiscal year Library budget. The motion was seconded by Mr. Taubman and unanlmously adopted. Mr. Hubard moved that the Resolution pertaining to an addition to the main library be referred to the City Manager for study, report and reco~endation to Council, said report to include recommendations as to /mprovements which will provide more efficient use of the facility and staff. The motion was seconded by Hrs. Bowles and unanlmously adopted. TAXES= A status report of the City Taxes Committee regarding a recently signed law allowlng local governing bodies to exempt, defer or freeze the tax rate for permanently and totally disabled homeowners, and consideration of establlsh~ng lower tax rates for rehabilitated real property meeting the criteria establlshed by state code, was before Council. (For full text, see report on file in the City Clerk's office.) Mr. Hubardmoved that the report be received and filed. The motion was seconded by Hr. Taubman and u~animously adopted. UNFINISHED BUSINESS= PENDING ITEMS= The City Clerk presented a llst Of pending items from March 22, 1976, through Hay 23, 1977. {For £ull text, see list on file in the City Clerk's Office.} 4:1.9 420 H~. Hubard ~oved that the list be received and filed. The ~otion was seconded by H~o Taul~an and ~an~usly adopted. C~SIDE~TION OF C~I~~ N~E. I~D~ION ~ ~NSIDE~TION OF O~I~CES ~D ~SOL~IONSz ST~ N~St Ordinance No. 23626 changing the n~ oi a ~rtion of a certain street wl~ln ~e cor~rate limits of the City of ~anoke fr~ Bratton ~ Drive to Richard Avenue, N. E.~ In order ~o provide a unified street syst~, having previously been before the Co~c~l for its first readi~g~ read and adopt~ on its first reading and laid over, was again ~fore the ~y, Hr. H~ard offering the following for its second reading and final adoption~ (~23626} ~ O~I~CE changing the n~e of a ~rtion of a certain street within the cor~rate limits of the City of ~anoke from Bratton La~ Dr~ve to Richard Avenue, N. E.~ in order to provide a unified street n~e syst~. (For full text of Ordinance, see Ordinance B~k No. ~. Hubard mov~ the adoption of the ordinance. The motion was seconded by Mr. Ta~ and adopted by the following vote= AYES: Co~cil m~ers Bowies, Garland~ Grove, H~ard, Ta~n, Thomas and ~yor Taylor ............................................... NAYS: None .................................................0. P~SIONS: Ordinance No, 23632 providing for certain suppl~ental benefits ~der the ~ployees* Retir~ent Syst~ to certain ~rsons receiving benefits on July 1~ 1977, and assuring certain mlnlm~benefits to m~ers of such Syst~who, on and after 3uly 1, 1977~ are eligible for retir~ent; and providing for an effective date of July 1, 19~7, having previously been before Cocci1 for its first reading~ read and adopted on ~t~ f~rst reading and laid over, was again before the body~ Mr. Hubard offering the followlng for its second reading and final adoption: {~23632) ~ O~XN~CE providing for certain suppl~ental benefits ~der the ~ployees~ Retlr~ent Syst~ to certain per~ons receiving benefits on July 1, 1977, and assuring certain minlm~benefits to m~ers of such Syst~ who, on and after July 1, 1977, are el~glble for retir~ent; and prov~dlng for an effective date of Ju~y ~, ~977, for this Ordinance. (For full text of Ordinance, see Ordinance B~k No. ~. Hubard moved the adoption of the ordinance. The motion was seconded by ~. Garland and adopted by the following vote: AYe: Cocci1 m~ers Bowles, Garland, Grove, H~ard, Ta~m~, Thomas and ~yor Taylor ................................................ 7. NAYS: Non~ .................................................. 0. BUSES: Ordinance No. 23634 au~orizing the City's lease of certain land and ~mprov~ents thereon~ to Greater ~anoke Transit Company~ u~n certain te~ and conditions, having previously been ~fore ~e Cocci1 for its first reading, read ~d adopted on its first reading and laid over~ was again before the b~y, Mr. Hubard offering the foll~ng for ~ts second reading and f~nal adoption: {%23634) ~ O~IN~CE authorizing the City's lease of certain l~d and improv~ents thereon, to Greater ~oke Transit Compa~y~ u~n certain te~ Conditions. (For full text of Ordinance, see Ordinance Book No. Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Kr. Grove and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Hayor Taylor ............................................... NAYS~ None .................................................. 0. PARKS AND P~AYGR~0~DS-STATE HIGHWAYS= Council having directed the City Attorney to prepare the proper measure declaring the interest of the City of ~oanoke tn a 39-acre parcel of the Veterans Administration Hospital land and advising the Bureau of Outdoor Recreation of the United States Department of the Interior and the United States General Services Administration of the City*s interest in such land, he presented samel whereupon, Hr. Taubman Offered the following Resolution~ (%23654} A P~SOLUTION declaring the interest of the City of Roanoke in a 39-acre parcel Of the Veterans Administration Hospital land in this City and advising the Bureau of Outdoor Recreation of the United States General Services Administration Of the City's interest in such land. (For full text of Resolution, see Resolution Book No. Hr. Taubman moved the adoption Of the Resolution. The motion was seconded by Hrs. Rowles and adopted by the followlng vote: AYES= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................. NAYS= None ...............................................0. SEWERS AND STORM DRAINS: Council having directed the City Attorney to prepare the proper measure dedicating the Wastewater Treatment Plant, Mr. Thomas offered the following Resolution inviting certain individuals to attend the ceremony at 2:00 p.m., on sunday, June 19, (~23655) A P~ESOLUTION establishing a date, time and place for the dedication of the City's newly constructed wastewater treatment plant. (For full text of Resolution, see Resolution Book No. Hr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and ~Layor Taylor .............................................. NAYS: None ................................................ MOTIONS AND MISCELIL~NEOUS BUSINESS: COUNCIL: Mr. Hubard moved that Council meet in Executive Session to discuss certain personnel matters. The motion was seconded by Mr. Taubm~ln and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubnk%n, Thomas and Mayor Taylor .............................................. NAYS: None ................................................ OTHER HEARINGS OF CITIZENS: 421 422 REFUSE COI,LEC~ION~ H~, George I,ester, 2043 Mlndsor Avenue, S. appeared before Council in reference to curbside refuse collection and asked what provisions have been made for those areas of the city that have alleys. He said that he lives on a ve~ narro~ street and he is concerned about garbage trucks traveling his street. He also asked if the city intends to sell garbage carts. In concluding, he stated that there are going to be health problems when people do not take their garbage to the curb and allow it to accumulate in their backyards, that he does not see why the method of refuse collection cannot remain the sa~e and before making any change, the city should visit other areas to see ho~ this syste~has been handled. The Mayor and the City Manager suggested that Mr. Lester confer with Mr. Harold G. Hardy, Assistant to the City Manager for Co,unity Relations, who is working with a seven member co~nit%ee to resolve some of his concerns. There being no further business, the Mayor declared the meeting adjourned. APPROVED ATTEST: City ~lerk Mayor COUNCIL, P~GULAR MEETING, Monday, June 13, 1977. The Council of the city of P~anoke met in regular meeting in the Council Chaer In the Wunicl~al Building, city of Roanoke, on Monday, June 13, 1977, at Ts30 p.m., with Vice-Mayor Elizabeth T. Bowles presiding. PRESENTs Council members Robert A. Garland, Lucian y. Grove, William S. Bubard, Nicholas P. Taub~an, Hampton W. Thomas and Vice-Mayor Rlizabeth T. Bo~les ..................................................... 6. ABSENTz Mayor Noel C. Taylor ................................ 1. OFFICERS PP. ESENTs Mr. Sam H. McGhee, III, Assistant Clty Manager; Hr. Wllburn C. Dlbling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Hrs. Mary F. Parker, City Clerk. INVOCATIONs The meeting was opened with a prayer by the Reverend Steve Webster, Associate Pastor, Colonial Avenue Baptist Church. PROCLAHATIONSt The Vice-Mayor presented a proclamation signed by the Mayor declaring June 18 - 26, 1977 as National Tennis Week in the City of Roanoke and encouraging all people to participate in this worthy and rewarding sport at facilities provided in the City. (For full text, see proclamation on file in the City Clerk's Office.) HE~RING OF CITIZENS UPON PUBLIC HATTERS: SIDHALK, CUP. B AND GIFFTER-STI{EETS ANDALLEYS-SEtTERS AND STORM DP.~I~S~ Pursuant to notice of advertisement for bids for new curb and gutter, entrances, paving and related drainage items on Hiverdale Avenue, 16th Street, ~arvin Street and Jerome Street, S. E., said proposals to be received by the City Clerk until ~:00 p.m., Monday, June 13, 1977, and to be opened before the Council at 7:30 p.m., on that date, the Vice-Mayor asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Vice-Mayor instructed the city Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: $. R. Draper Paving Company - $ 107,572.05 B & S Construction Company - 113,162.00 John A. Hall & Company, Incorporated - 149,609.30 Hr. Thomas moved that the bids be referred to a eonuuittee to be appointed[[ by the Vice-Mayor for tabulation, report and reconunendation to Council. The motion was seconded by Mr. Taubman and adopted. The Vice-Mayor appointed Messrs. Sam H. McGhee, III, Chairman, J. D. Sink and Harold G. Hardy as me~bers of the co=ittee. WATER DEPARTHENT~ Pursuant to notice of advertisement for bids for the repair, cleaning and painting of the exterior and interior of the 500,000 9allen Washington Heights elevated water tank, said proposals to be received by the City Clerk until 5:00 p.mo, Monday, June 13, 1977, and to be opened before Ceunetl at 7~30 p.m., on that date, the Vice-Mayor asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Vice-Hayer instructed the city Clerk to proceed with the opening of the bids; whereupon, the city Clerk opened and read the following bids: 423 424 Mame Base Bid Corrosion Control Corporation - $ 22,440.00 Steel & Tank Service Company 23,202.00 Inter-State Contrac- ting & Coating Company, lac, 24~500.00 Per lineal Per pit repaired foot welding b~ welding $3.00 $ 1.50 4.00 1.50 12.50 2.00 Hr. Thc~as moved that the bids be referred to a con~lttee to be appointed by the Vice-Mayor for tabulation, report and reco=inendation to Council. The motion was seconded by Mr. Hubard and adopted. The Vice-Mayor appointed Messrs. Sam H. McGhee, III, Chairman, K. B. Kiser and Thomas F. Brady as members of the committee. AIRPORT: Pursuant to notice of advertisement for bids for new high intensity runway lightfng, Runway 5/23, ADAP Project No. 6-51-0045-06, Contract I, at Roanoke Municipal Airport, Woodrum Field, said proposals to be received by the City Clerk until 2=00 p.m., Monday, June 13, 1977, and to be opened before the Council at ?:30 p.m., on that date, the Vice-Mayor asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Vice-Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon~ the City Clerk opened and read the following bids= Floyd S. Pike Electrical Contractor, Incorporated - $ 98,320.00 Ocean Electric Corporation - 85,826.00 Southeastern Utility Construction Company, Incorporated - 115,903.95 Hr. Thomas moved that the bids be referred to a co~mittee to be appointed by the Vice-Mayor for tabulation, report and recommendation to Council. The motion was seconded by Px. Taubman and adopted. The Vice-Mayor appointed Messrs. Sam H. McGhee, III, Chairman, Kit B. Kiser and Robert C. Poole as members of the committee. STREETS AND ALLEYS: Council having set a public hearing for 7=30 p.m., Monday, June 13, 1977, on the request of Roanoke Iron and Bridge Works, Incorporate~, that an alley beginning on the easterly side of South Jefferson Street and an alley beginning On the northerly side of 3rd Street, S. E., be vacated, discontinue~ and closed, the matter was before the body. In this connection, the City Planning Commission submitted a written report recommending that the request be granted. (For full text, see report on file in the City Clerk's Office.) The viewers appointed to view the alleys submitted a written report advising that they have visited and viewed the alleyways and they are unanimously of the opinion that no inconvenience would result, either to any individual or to the public, frc~ permanently vacating, discontinuing and closing same. (For full text, see report on file in the City Clerk's Office.) Mr. Charles E. Kluttz, Attorney, representing the petitioner, appeared before Council in support of the request of his client. No one appearing in opposition to the request, Hr. Taubman ~oved that the following Ordinance be placed upon its first reading: (123656) An Ordinance~ pursuant to the provisions of Sec. 15.1-364 of the Code of Virginia, 1950, as amended, permanently vacating, abandoning, discontinuing and closing tvo certain alle~vays more particularly described as follovs: The motion was seconded by Hr. Thomas and adopted by the folloving vote: AYES: Council members Garland, Grove~ Hubard, Taubman, Thomas and Vice-Mayor Bowles ........................................................ 6. NAYSt None ....................................................0. (Mayor Taylor absent) ZONING: Pursuant to Ordinance No. 20390, the City Clerk set a public hearing for 7:30 p.m., Monday, June 13, 1977, on the request of Hugh Fletcher, Jr., and Hetty C. Fletcher that property located on the southerly side of Hershberger Road, N. W., described as Lot 4, Block 21-A, Section 3, Hap of Dorchester Court, Official Tax No. 2271014, be rezoned from RD, Duplex Residential District, to C-2, General Commercial District, the 10atter was before the body. In this connection, the City Planning Con~nission submitted a written report recom~ending that the request be granted. (For full text, see report on file in the City Clerk's Office.) Mr. Frank K. Sa~nders, Attorney, representing the petitioners, appeared before Council in support of the request of his clients. No one appearing in opposition to the request, Hr. Taunman moveu t~au the following Ordinance be placed upon its first reading: (%23657) 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. 227, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. The motion was seconded by Hr. Grove and the following VOte was recorded: AYES: Council members Garland, Grove, Hubard, and Taubman .....4. NAYS: Vice-Mayor Bowles .......................................1. (Councilman Thomas not voting because an attorney in his law firm represented Mr. and Hrs. Fletcher at the City Plannlng Con~nission hearing) (Mayor Taylor absent) In view of Section 62, Zoning, Subparagraph (5) of the City Charter which provides the followlng: 'In case, however, of a protest against such change signed by the owners of twenty percentu~or more either of the area of the lots included in such proposed change, or those i~ediately adjacent in the rear thereof, or of those dlrectly opposite thereto, such amendment shall not be- come effective except by the favorable vote of five-sevenths of the members of the Council.# Mr. Hubard moved that the City Attorney be instructed to advise the Councll at its next regular meeting on Monday, June 27, 1977, if Ordinance No. 23657 requires five affirmative votes of the Council to pass. The motion was seconded by Mr. Taubman and adopted. ZONING= Pursuant to Ordinance No. 20390, the City Clerk set a publlc hearing for 7:30 p.m., Monday, June 13, 1977, On the request of Fred G. Lynch Sheet Metal Company, Incorporated, that property located in the 800 block of Jamison Avenue, S. E., described as Lots 7 and 8, Section 18, Belmont Land Company 425 426 Addition, Official Tax NOS. 4120606 and 4120607, be zezoned from RG-2, General Residential Dlatrictt to C-2, General Co~ercial District, ~hematter was before the body. In this conneetlon~ the City Planning Conunission submitted a written report recommending that the request be granted, {For full text, see report on file in the City Clerk's Office,) P~ro Harvey So Lutlns, Attorney, representing the petitioner, appeared before Council in support of the request of his client. No one appoarlng In opposition to the reguest, Mr. Taubman moved that the following Ordinance be placed upon its first reading: (123658} An Ordinance to amend Title XVt Chapter 4.1, Section 2, of the Cede of the City of Roanoke, 1956~ as amended~ and Sheet No. 412~ Sectional 1976 Zone Map, City of ~oanoke~ in relation to Zoning. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council me~bers Garland, Grove, Hubard, Ta~bma~, Thomas and Vice-Mayor Bowles .......................................................... 6. NAYS: None ...................................................... 0. (Mayor Taylor absent) ZONING= Pursuant to Ordinance No. 20390t the City Clerk set a public hearing for ?:30 p.m., Monday, June 13, 1977, on the request of Robert C. Era~er, m~r~ara ~. bra~ner and Maye S. Ja~ison, that property located on the southerly side of Peters Creek Road~ N. W., described as the northerly portion o~ a 7.624 acre tract of land, Official Tax No. 6410101, be rezoned from RG-2~ General Residential D~strict, to C-2, General Co~ercial District, the matter was before the body. In this connection, the City Planning Commission submitted a written report recommending that the request be granted. (For full text, see re~ort on file in the City Clerk's Office.} Mr. W. Heywood Fralin, Atto=ney, representing the petitioners, appeared before Council in support of the request of his clients. No one appearing in opposition to the request, Hr. Thomas moved that the followlng Ordinance be placed upon its first reading: (%23659} An Ordinance to amend Title XV, Chapter 4.1, Section 2, of The Code Of the City of Roanoke, 1956, as amended, and Sheet No. 641, Sectional 1976 Zone Hap, City of Roanoke, in relation to Zoning. The motion was seconded by Hr. Grove and adopted by the followlng vote= AYES: Council members Garland, Grove, Hubard, Taubma~, Thomas and Vice-Mayor Bowies ......................................................... 6. NAYS: None .................................................... 0. (Mayor Taylor absent) ZONING= Pursuant to Ordinance No. 20390, the City Clerk set a publlc hearing for 7:30 p.m., Monday, June 13, 1977, on the request of the City ~lannlng Department that the rear portion of property located on Yellow Mountain Road, S. E., designated as Official Tax Nos. 4511001 - 4511005, inclusive, 4510904, 4~I0906, 4510907, 4~I0908~ 4~10913 and 4510914, be rezoned from RS-3, Single- Fa~nily Residential District, to RD, Duplex Residentlal District~ and that the front portion of certain properties located on Welcome Valley P~ad, S. E., desig- nated as Official Tax Nos. 4510915 and 4300912, be rezoned from RD, Duplex Resident District, to RS-3, Single-Family Residential District, the matter was before the body. In this connection, the City Planning Commission submitted a written report recommending that the request be granted. (For full text, see report on file in the City Clerk's Office.) No one appearing in opposition to the request, Hr. Thomas moved that the following Ordinance be placed upon its first readings (%23660) A~ Ordinance to amend Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke (1956), as amended, and Sheet Nos. 451 and 430, Sectional 1976 Zone Map, City of Roanoke, with respect to Zoning. The motion was seconded by Hr. Taub~an and adopted by the following vote= AYES= Council members Garland, Grove, Hubard, Taubma~, Thomas and Vice-Mayor Bowles ........................................................ NAYS= None .................................................... (Mayor Taylor absent) COMPLAINTS-REHABILITATION CENTERS: Council having set a public hearing for 7=30 p.m., Monday, June 13, 1977, on the proposed relocation of Watilm(a *,ouse, a facility of the Division of Probation and Parole Services of the Virginia Department of Corrections, from its present location at 1302 Second Street, S. W., to a new location at Reserve Avenue and Franklin Road, S. W., the matter was before the body. Ms. Lin S. Atkins, Chairperson of the Watimka Citizen's Advisory Board, appeared before Council on behalf of some of the board members, and read a prepared!~ statement relative to the proposed move, advising that her first preference is for WatinLka House to be allowed to remain in the 2nd Street community and begin to work on its relationship with the residents in that community, that her second preference is, should the decision-makers decide to move Watimka House to the Naval Reserve Unit, that it be considered as a temporary move, and an effort be placed on integrating Watimka House with a community which would prove accepting and supportive of them. (For full text, see statement on file in the City Clerk's Office.} Dr. Robert C. Crawford, 1224 Franklin Road, S. W., appeared before Council and asked the following questions: (1) when are the current occupants of Watimka House being moved to the Naval Reserve Center, (2} for what purpose will the house at 1302 2nd Street, s. W., be used, and (3) will the lease definitely be terminated at the end of the eighteen month period. He stated as a landowner and owner of certain apartment complexes, he, like everyone else in that area, has suffered a tremendous detriment to the rental values of their property. He said he is not against rehabilitation and if the Council is all in favor of having old southwest continue to be shackled by this kind of facility, then consideration should he given to moving Watimka House into some of the really elite sections of City such as Hunting Hills and South P&)anoke. 427 si 428 ~r. Allen Brittle, Chief Probation Officer, State Probation and Parole Office, appeared before Comlcil in reference to the questions raised by Dr. Crawford, advising that the move is pending lease negotiations with the City and inspection by the State of the facility, that the State Department of Corrections has not determined vhat the residence on 2nd Street rill be used for, however, it has been determined that it rill not be used for a residential facility. ~r. Tauba~umoved that the remarks of Ms. Atkins and Dr. Cravford be received and filed and that the WatJ~nka House matter be closed. The motion vas seconded by Hro Hubard and adopted. Hr. Taubma~ further moved that the City Attorney, in conjunction vith the City Manager and the Department of Parole and Probation, be instructed to prepare /he necessary legal documents to lease the U. S. Naval Reserve Training Center to the State Department of Corrections. The motion was seconded by Mr. Garland and adopted. PLANNING= A public hearing having previously been set for 7=30 p.m., Monday, June 13, 1977, on a proposed amendment to the 1976-77 Co~munity Development Block Grant Program authorizing the use of $10,000.00 from the Management and Programs Development Account to assist tho City in the purchase of water facilities from the New Hope Water Company, incorporated, the matter was before the body. in this connection, the Assistant City Manager submitted a written report advising that the fiscal year 1976-77 Community Development Block Grant Program budget contained an initial appropriation of $37,000.00 for the Programs Development line item, that it ts estimated $13,000.00 will be unexpended for that line item purpose, and requested approval of Council, subject to the approprla~e federal regulations governing this grant program and comments that may be received from citizens during the publle hearing, to transfer $10,000.00 from the Programs Development llne item to a new line item called New Hope Water Company, advising that this transfer is necessar7 in order to obtain the necessary funds to accommodate the proposed funding for the purchase of the New Hope Water Company which in turn allows New Hope Water Company to pay the outstanding loan balance payable to the Federal Government. (For full text, see report on file in the City Clerk's Office.) The Vice-Mayor asked if there were citizens present who would llke to address the Council relative to the matter, whereupon, Mr. U. L. Perdue, President, New Hope Water Company, spoke in support of the City's acquiring the water system. Mr. Thomas moved that the report of the City Manager be received and filed. The motion was seconded by Mr. Tauhman and adopted. Mr. Thomas moved that the matter be referred to the City Attorney for preparation of the necessary legal documents. The motion was seconded by Hr. Taubman and adopted. PETITIONS AND COMMUNiCATiONS: NONE. REPORTS OF OFFICERS: GRANTS-PUBLIC WORKS: The Assistant City Manager submitted a written report advising that the City has received verbal notification that it may approval of applications totaling $1,962,000 under the allocation made by the Econcanic Develol~entAdministration for Round 2 of the Local Public Works Employmen Act, He transmitted a list of prioritized projects totaling $1,962,000 and, in addition, a list of optional projects for a total cost of ~2,087,500, or a total listing of ~4,049,500. (For full text, see report on file in the City Clerk's Office.) The Assistant City Manager pointed out that all architectural and/or engineering fees for any of these projects would have to be over and above the project cost listed and would have to come from funds other than the federal grant funds, that this provision would be intended to apply to the fire stations, the school for the mentally retarded, the Hill Mountain Playhouse, the market building renovation and Elmwood Park, and the final design would have to be completed by inhouse staff on the remaining projects listed. He further advised that the total cost of applications actually submitted should exceed the target allocation to provide for the possibility of some projects being rejected or some comunities not receiving all of the funds allocated, and if the Ccity desires to submit applications on pro~ects listed below the $1,962,000 subtotal point, he could provide recon=nendations as to program reductions. He further stated it is important that Council advise the administration at this time as to which of the projects it definitely wants included in the application in order that the administration can proceed at this time to draw up applications for those specific projects and in order to complete the final plans and specifications for early advertisement. Be emphasized that he felt very strongly about the necessity for the fire stations, the street paving program, the storm drainage and the curb and gutter programs, but beyond that point, it is an option he would hope to leave with the Council for guidance as to how to proceed with the remainder of the program. Hr. Taubman expressed the sentiment that those items included in the application should be those that the taxpayer would ordinarily have to fund either completely out of the General Fund Or with partial state aid within the next several years. He ~ade reference to the list of priorities and said the $300,000 allocated for tennis court drainage and resurfacing could be put into street paving for a total of $812,000, and suggested that a supplemental item of $250,000 for the Courtland Road storm drain also be included, for a total grant application of $2,212,000. Hr. Taubman then moved that Council approve the following list of priorities: Fire Station Replacement t12 - Build Replacement Station $ 350,000 16 - Replace Antiquated Station 350,000 Storm Drainage Hershberger Road (East and West of Williamson Road) 200,000 Street Pavln~ Various City-w/de streets 812,000 Curb and Gutter Various City-wide 250,000 Courtland Road Storm Drain 250,000 for a total grant application of $2,212,000. The motion was seconded by Hr. Grove and adopted. 429 430 Hr. Ta*~man further moved that the Clty Attorney be instructed to prepare the necessary legal documents incorporating the above. The motion was seconded by Hr. Hubard and adopted. 2n this connection, Mr. Roy W. Dalton, 3404 Vendor Road, S. E., appoared before Council and read a communication making application for funds from the Federal public Works Act to widen Garden City Boulevard from Mabry Avenue to Riverland Road, $. E. (For full text, see communication on file in the City Clerk's Office.) Hr. Th0~as ~oved that the communication be referred to the City Hanager for consideration. The motion was seconded by Mr. Rubard and adopted. BUDGET-GRANTS-JUVENIL~ AND DOHESTIC RELATIONS DISTRICT COURT= The Assistant City ~anager sub~itted a written report in connection with ~aw Enforce~nen Grant No. 74-A2314, Outreach Detention, recommending that the remaining, over appropriated balance of $6,048.11 be de-appropriated and that the account be reduced to zero. (For full text, see report on file in the City Clerk's Office.) }tr. Thomas offered the following emergency Ordinance decreasing by $6,048.12 Human Services - Outreach Detention Of the 1976-77 Grant Program Account= (%23661) AN ORDINANCE to amend and reordain the City of Roanoke's 2976-77 Grant Progra~Account, and providing for an e-~ergency. (For fu21 text of Ordinance, see Ordinance Book No. Hr. Thomas moved the adoption of the Ordinance. The motion was seconde= by Hr. Taubman and adopted by the following vote= AYES= Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor Bowles ....................................................... 6. NAYS= Non~- .................................................. (~ayor Taylor absent) EUDG~T-GP~%NTS-BF~LTH DEP~THENT= The Assistant City Manager s~bmltted a written report in connection with Law Enforcement Gra~t No. 75-A2990, ComprehensiVe Drug Services, M.M.S., recommending that remaining f~nds ~n the amount of $562.00 being the Local Cash Match never received, be de-appropriated and that the account be reduced to zero. (For full text, see re~ort on file ~n the City Clerk's Office.) Mr. Grove offered the following emergency Ordinance decreasing by $~62.00 Comprehensive Drug Services, M.H.S. of the 1976-77 Grant Program Account= (%23662) AN ORDINANCE to amend and reordain the City of Roanoke~s 1976-77 Grant ~rogram Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES= Council members Garland, Grove, Hubard, Taubmun, Tho~s and Vice-Mayor Bowies ........................................................6. NAYS= None- .................................................. (Mayor Taylor absent) BUDGET-G~ANTS= The Assistant City Manager submitted a written report ~n connection with Law Enforcement Grant NO. 75-A2975~ Bethany Ha~, recommending that remaining funds in the amount of $3,461.50 be de-appropriated and that the account he reduced to zero. {For full text, see report on file in the City Clerk*s Office.) Mr. Taub~an offered the following emergency Ordinance decreasing by $3,461.50t Bethany Hall, of the 1976-77 Grant Program Account: (%23563) AN ORDINANCE to amend and reordain the City of P~anoke~s 197t-77 Grant Vrogra~ Account, and providing for an emergency, {For full text of Ordinance, see Ordinance Book No. Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor Bowles ........................................................... 6. NAYS: None ....................................................... 0. (Mayor Taylor absent) REHABILITATION CENTERS-G~ANTS: The Assistant City Manager s~bmltted a written report recommending authorization to execute the appropriate forms acceptin D.J.C.p. Grant No. 76-A4011J to fund a Crisis Intervention/Runaway House for the Juvenile and Domestic Relations District Courts of the 23rd Judicial District and that funds be appropriated therefor. (For full text, see report On file in the City Clerk's Office.) Hr. Taubman stated that some Of the members of Council have been contacted by citizens concerning an article in The Roanoke Times and World News on May 25th which stateu that the Juvenile Court offlclale plan to use a house in the 800 block of Campbell Avenue, S. W., as a temporary facility to house runaways and children who have oommited status offenses, that he believes this is the same facility referred to in the Assistant City Manager's report and this facility, if located within this particular area, will be within 300 feet of another juvenile facility. He said he was aware that there is no Ordinance prohibiting this kind of congestion of rehabilitation centers, but Councll just finished with a lengthy and sometimes bitter dispute concerning Watimka House and Council should take note of the citizens who are objecting to a concentration of these homes. With that reasoning in mind, ~r. Taubman moved that the matter be referred to the City Manager to determine if these two facilities are one and the same, and if they are, that the matter be referred to the City Attorney for preparation Of the proper measure addressed to the State Department Of Corrections requesting them to schedule a joint puhllc hearing with Roanoke City Councll on the location of this facility. The ~otion was seconded by Hr. Thomas. The Assistant City Manager also made reference to a conununlty youth home for girls and stated that the proposed location for this facility should also be included in the public hearing. Messrs. Taubman and Thomas concurred in amending the motion to include both the Crisis Interventlon/Ru~away Center and the coramunity youth home for girls and the motion, as amended, was adopted. TAXES-STADIUM: The Assistant City Manager submitted a written report advising of a request fro~ the Roanoke Valley Shrine Club-Kazim Temple that all fees involved in the Shriners Crlppled Children's Hospital benefit football game on September 9, 1977, be waived, advising that Cotulci! waived the admission taxes 431 432 and rental charqes for the ga~e In 1976 and recomending ~at the same privilege be provlded this year. {For full textt see report on file in the City Clerk's Office.} ~c. Garland moved that the report be referred to the City Attorney for preparation of the proper measure. The m~tion was seconded by Hr. Grove and adopted. COUNCIL~ The City Attorney submitted a written report requesting an Executive Session to discuss a matter of pending litigation. Hr. Thomas moved that Council concur in the request of the City Attorney. The motion was seconded by Mr. Taubman and adopted by the following vote= AYES= Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor ~owles ...................................................... 6. NAYS~ None- ................................................ 0. {Mayor Taylor absent) PENSIONS: Council having previously deferred action on a report of the Director of Finance in connection with a request of Mr. Sllas H. Weddle that his current pension status and that of other pension recipients of the Old Police and Fire Pension System be reviewed, reco~ending that all pension recipients be considered on an equal basis for any future changes that occur, and that the matter be received and filed since he feels it has been thoroughly reviewed, the matter was again before the body. {For full text, see report on file in the City Clerk's Office.) Hr. Lawrence H. Musgrove, Attorney, representing the pension recipients, appeared before Council and advised that this matter involves ten pensions, only three being former City employees (Mr. Harry Daniels, Hr. $ilas H. Weddle, Hr. Lloyd Watson, each receiving $346.50 per month), and the other seven are widows of retired City employees whose ages range from 70 - 83 and they receive $173.25 each per month under the present system which is 50 per cent of what the employee would have drawn. He stated that the recipients are asking that they be given credit, as others were, for the $15.00 per year service between 25 years and 29 years. In concluding, he said these people have been denied the maximum of $60.00 for the employees and $30.00 for the widows. Mr. Thomas stated that he agrees with the Director of Finance that exception to a pension plan or fragmenting the plan is a detriment to it, but anytime one addresses the overall plan, that is an entirely different matter and not an exception, and in this instance we are talking about ten individuals, three who would benefit at $60.00 and seven who would benefit at $30.00, that there are three different plans and those that suffer the most are the ones without Social Security benefits. He said that anyone who has $150.S0 as a total monthly income is at a disadvantage in this economy, and whether the responsibi- lity is with Council or the individual is not for Council to say, but when you have employees who have rendered the type of service to the City in which Hr. Musgrove alluded to, there is somewhat of a moral obligation on the part of Council to address itself to the problem and for that reason moved that the matter be referred to the Director of Finance for analyzation as to the total cost involved, and which fiscal year budget would be affected by the increase and that the City Attorney be instructed to prepare the necessary legal documents authorizing the increase. The motion failed for lack of a second. ~4r. Bubard moved that the report of the Director of Finance be received and filed. The motion vas seconded by Hr. ?aubman and adopted. (Mr. Thomas voting no) (Hayor Taylor absent) STREET NAMESs The City Planning Colmlssion submitted a written report reco~ending that a small segment of roadway providing access to Crossroads Mall be named Cross Road. (For full text, see report on file in the City Clerk's Office.) Mr. Garland moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Grove and adopted. REPORTS OF COMMITTEES: STREETS AND ALLEYS-SIDEWALK, CURB AND GUTTER: The committee appointed to study bids received for miscellaneous small area street and sidewalk restoration at various locations in the City of Roanoke submitted a written report recommending!; that the low bid of Adams Construction Company, in the total amount of $123,965.50, i be accepted. (For full text, see report on file in the City Clerk's Office.} Mr. Taubman offered the following emergency Ordinance accepting the proposal of Adams Construction Company: (%23664) AN ORDINANCE accepting the proposal of Adams Construction Company for performing certain mlscellaneous, small area hard surface street and sidewalk restoration; authorizing the proper City officials to execute the requisite contract; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the Ordinance. The motion was secondedi: by Mr. Hubard and adopted by the following vote= AYES: Council members Garland, Grove, Rubard, Taubman, Thomas and Vice-Mayor Bowles ........................................................ 6. NAYS: None- ...................................................0. (Mayor Taylor absent} UNFINISHED BUSINESS= NONE. CONSIDERATION OF CLAIMS= NONE. I~TRODUCTIONA_ND CONSIDERATION OF OP~DINANCBS AND RESOLUTIONS= ZONING: Ordinance No. 23646 rezonlng the westerly portion of a 1.04 acre tract Of land located on the easterly side of Melcher Street, S. E., at the northeasterly corner of Melcher Street and Yellow Mou~tain Road, S. E., described as Acreage, Block 2, Map of Melcher, Official Tax No. 4300709, from RD, Duplex Residential District, to C-2, General Commercial District, having previously been before the Council for its first reading, read and adopted on its first reading and lald over, was again before the body, Mr. Garland offering the following for its second reading and final adoption: (123646) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 430, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 433 434 Hr, Garland~oved the adoption of the Ordinance. The motion was seconded by Hr, Grove and adopted by the following vote: AYES: Council members Garland, Grove, Hubard, Ts,hm~,, Thomas and Vice-Mayor Bowles ...................................................... 6. NAYS~ None ...................................................... 0. (Mayor Taylor absent) STATE HIGHWAYS: Ordinance No. 23648 authorizing and directing the proper city officials to execute agreements with Appalachia~ Power Company for adjustment of distribution facilities and to deliver such agreements to the State Department of Highways and Transportation in connection with the Route 24 and 13th Street and Bennington Street, S. E., highway projects, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Grove offering the following for its second reading and final adoption: {%23648) AN ORDINANCE authorizing and directing the proper City officials tO execute agreements with Appalachian Power Company for adjustment of distribution facilities and to deliver such agreements to the State Department of Highways and Transportation. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption Of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Council members Garland, Grove, hubard, Taub~n, Thomas and Vice-Mayor Bowles ........................................................6. NAYS= None .....................................................0. (Mayor Taylor absent) AIRPORT= Ordinance No. 23650 author£zi~g and providing for execution of a supplemental agreement identified as Supple/aent No. i to the City's lease agreement dated October 10, 1975, with the United States Goverrdnent, Federal Aviation Administration, Lease No. DOT-FA76EA-8201, providing for the leasing of space in Building No. 1 at Roanoke Municipal Airport, Woodrum Field, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Hubard offering the following for its second reading and final adoption: dated October 10, 1975, with the United States Government, Federal Aviation Administration, Lease No. DOT~FA?6EA-8201, providing for the leaslng of space in Building NO. 1 at Roanoke Municipal Airport, Woodru~ Field. (For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES z Council members Garland, Grove, Hubard, Taubman, Thomas and Vice-Mayor Bowles ......................................................... 6. NAYS: None ..................................................... 0. {Mayor Taylor absent) MOTIONS AND MISCELLANEOUS RUSINESS~ TAXES-LICENSESt Hr. Thomas having previously invited the Commissioner of Revenue and the Treasurer to appear before the Council to discuss a mutually agreeable plan whereby Council may, by proper Ordinance, resolve the matter of payment of personal property taxes and decals at the same time, the matter was before the body. Hr. Thomas advised that neither the Comiesioner of Revenue nor the Treasurer were able to attend the meeting and moved that discussion of the matter be deferreduntil the Financial and Planning Session of Council on Monday, June 20, 1977, in order that the Commissioner of Revenue and the Treasurer may present the mutually agreeable plan they have worked out. The motion was seconded by Mr. Garland and adopted. Hr. Rubard moved that the Director of Finance be instructed to submit a report to the Council at its Financial and Planning Session on June 20th in reference to a proposed procedure to resolve the matter of payment of personal property taxes and decals at the same time, and that the City Attorney be instructed to advise Councll if it can legally remove this responsibility from the Offices of the Commissioner of Revenue and the Treasurer and assign it to a City department. The motion was seconded by Mr. Thomas and adopted. OTHER HEARINGS OF CITIZENS= NONE. There being no further business, the Vice-Mayor declared the meeting adjourned. APPROVED ATTEST: COUNCIL, SPECIAL MEETING, Thursday, June 25, The Council of the City of P~anoke met in special meeting in the Council Chamber in the Municipal Building, City of Roanoke, at 2z00 p.m., on Thursday, June 23, 1977, withMayor Noel C. Taylor presiding. pP. ES~NT= Council members Elizabeth T. Bowles, Robert A. Garland~ Lucian Y, Grove, Nicholas F. Taubman and Mayor Noel C. Taylor ..................5. ABSENT= Council members William S. Hubard and Hampton W. Thomas ..... 2. OFFICERS PRESENT= Mr. Sam H. McGhee, III, Assistant C~ty Manager~ Mr. Wllburn C. Dlbling, Jr., City Attorney~ Mr. James E. Buchholtz, Senior Assistan' City Attorney~ }ir. Joel H. Schlanger, Director of Flnance~ and Mrs. Judith M. St. Clair, Deputy City Clerk. INVOCATION= The meeting was opened with a prayer by Dr. Noel C. Taylor. JAIL= Pursuant to notice of advertisement for bids for construction of the P~anoke City Jail, said proposals to be received by the Council Of the City of Roanoke until 2:00 p.m., Thursday, June 23, 1977, and to be opened before the Council at 2~00 p.m., on that date, the Mayor asked if there were any other firms present which had bids to be submitted, and no firm present had any other bids to so submit. The Mayor asked if there were those present who had any objection to the opening of the bids at that time, and no representative present raising any objecti~ the Hayor instructed the Deputy City Clerk to proceed with the opening of the bid$~ whereupon, the Deputy City Clerk opened and read the following bids: Bidder: Rahman Construction Corporation and Rouse Construction International, Incorporated Item 1: $5,379,079.00 Item 2: 69,271.00 Item 3: 56,900.00 Item 4: 100,000.00 Item 5: +54,000.00 Item 6at 2.00 Item 6b~ 5.00 Item 6c-1= 80.00 Item 6c-2: 75.00 Item 6c-3: 20.00 Item 6d~ 0.40 Item 6e= 6.00 Item 6f: 0.30 Item 7: 5,700.00 Bidder: Tandy Const~uction Company Item 1: $5,463,810.00 Item 2: 119,500.00 Item 3~ 72,000.00 Item 4= 157,800.00 Item 5= +6,000.00 Item 6a= +30.00 Item 6b= (Will furnish if low bid} Item 6c-1: +60.00 Item 6C-2: Xtem 6c-3: +50.00/-30.00 Item 6d: +10.00 per cu. yd./-7.50 Item 6e: +2.00 Item 6f: +0.30/-0.22 Item 7: 5,700.00 Bidder: D. R. Allen & Son, Incorporated Item 1: $5,659,000.00 Item mt 82t000.00 Item 3: 65,000°00 Item 4: 105,000,00 Item 5: HO Bid Item 6a: +20.00 Item 6b: +10.00 Item 6s-l: No Bid Item 6c-2: No Item 6¢-3: No Bid Item 6d: +6.00 Item 6e: No Bid Item 6f: +0.25 Item ?: NO Bid Bidder: Titan Atlantic Construction Corporation Item l: $5,??0,200.00 Item 2: 96,000.00 Item 3: 70,000,00 Item 4: 146,000.00 Item 5: 6,000.00 Item 6a: 25.00 Item 6b: 1.25 Item 6c-1: 50.00 Item 6c-2: 40.00 Item 6C-3: 42.00 Item 6d: 0.42 Item 6e: 3.00 Item 6fi 0.40 Item 7: 5,000.00 Bidder: King-Bunter, Incorporated Item 1: $5,884,000.00 Item 2: 92,300.00 Item 3: 62,500.00 Item 4: 189,000.00 Item 5: -3,500.00 Item 6a: 6.00 Item 6b: 10.00 Item 6c-1: 45.00 Item 6c-2: 43.00 Item 6C-3: 40.00 Item 6d: 0.40 Item 6e: 1.45 Item 6£: 0.24 Item 7: 5,700.00 Bidder: Romeo Guest Associates, Incorporated Item 1: $6,300,000.00 Item 2: 100,000.00 Item 3: 60,000.00 Item 4: 250,000.00 Item 5: 4,600.00 Item 6a: Add150.00/ Deduct 25.00 Item 6b: Add 20.00/ Deduct 14.00 Item 6c-1: Add 55.00/ Deduct 30.00 Item 6c-2: Add 50.00/ Deduct 29.00 Item 6c-3: Add 100.00/ Deduct 50.00 Item 6d: Add 0.40/ Deduct 0.15 Item 6e: Add 2.50/ Deduct 1.50 Item 6f: Add 0.45/ Deduct 0.15 Item 7: 5,700.00 Bidder: Metric Constructors, Incorporated Item 11 $6,459,000.00 Item 2: 90,000.00 Item 3: 27,000.00 Item 4: 198,000.00 Item 5: 5,600.00 Item 6a: 63.00 Item 6b: 21.00 Item 6c-1: 50.00 Item 6c-2: 48.00 Item 6c-3: 44.00 Item 6d: 0.57 Item 6e: 2.60 Item 6f: 0.28 Item 7: 5,700.00 437 4f~8 ~. Tau~n moved ~hat a committee be appointed to consider ~e bids and re~rt back to Co~c~l. The ~t~on was second~ by ~. Grove ~ a~op~e~. The Mayor ap~lnted ~. Lucian Y. G~ve as Chai~n~ and ~ssrs. Nicholas F. Tau~n~ Byron E. H~er~ Willi~ A. Hewitt and Paul J. Puckett as m~ers of the co~ttee. There bein~ no fur~er business~ ~e ~yor declared ~e ~ee21ng adjournS. ATTEST: Deputy City Clerk APPROVED Mayor COUNCIL, REGULAR MEETING, Monday, June 27, 19']7. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal Building, City of Roanoke, on Honda¥i June 27, 1977, at 2 p.m., the regular meeting hour, withHayor Noel C. Taylor presiding. PP, ESENT~ Council members Elizabeth T. Bowles, Robert A. Garland, Lucian Y. Grove, Nicholas F. Taubman, Hampton W. Thomas and Mayor Noel C. Taylor ..................................................................... 6. ABSENT= Council member William S. Bubard ........................ 1. OFFICERS PRESENT= Mr. Sam H. McGhee, lilt Assistant City Manager; Mr. Wilbu~m C. Dlbling, Jr., City Attor~ey~ Mr. James E. Buchholtz, Senior Assistant City Attorneyj Mr. Joel M. Schlanger, Director of Flnance~ and Mrs. Mary F. Parker, City Clerk. INVOCATION: The meeting was opened with a prayer by Dr. Walker B. Healy, Retired Presbyterian Minister. MINUTESt Copy of the minutes of the regular meeting held on Monday, June 6, 1977, having been furnished each me~ber of Council, on motion of Mr. Thomas, seconded by Mr. Taubman and adopted, the reading thereof was dispensed with and the minutes were approved as written. HEARING OF CITIZENS UPON PUBLIC MAT~ERS= EUMAN RESOURCES COMMITTEE-REVENUE SHARING: Council at its Financial and Planning Session on Monday, June 20, 1977, having referred to the Human Nesources Committee for study, report and recommendation a proposal of Councilman Lucian Y. Grove that the Human Resources Committee make available additional funds by decreasing currently recommended levels of funding by ten per cent which would make approximately $55,000 available to be distributed among Virginia Western Co,unity College, S.P.C.A.t V.P.I. & S. U. Extension Division, and Roanoke Valley Chamber of Co~erce Convention Bureau, the following persons appeared before Council in reference to the possible reduction of allocations to their respective agencies: Mrs. Charlene Chambers representing Total Action Against Poverty in Roanoke Valley, read a prepared statement ad- vising of the effect this action will have upon at least one TAP activity, the Youth Services Program. She point- ed out that there is concern for the effect this action will have upon agencies collectively and there are ~hared concerns regarding questions such as (1) what does this proposed deviation from established procedure by Council do to an already effective and workable procedure estab- lished by the Human Resources Committee, and (2) when does the process end so that agencies can know what the final funding decisions are. She requested that Cotulcil recon- sider and rescind its action of last week and de~nonstrate its support of the well-chosen individuals who serve on the Human Resources Committee by renewing its charge of 439 44O the respOnsibility delegated to t_his Co~lttee with equal vested authority and respec~ for its deoisions. (For full text, see statement on file in the City Clerk's Office.) Mrs. Anna Lawson, First Vice President of Family Service Of Roanoke Valley, reiterated the remarks of Hrs. Chambers, advising that they fear the Human Resources Committee is not being used in the way it was originally intended. She stated that if funds are reduced their hememaker program will suffer. Mr. William R. Reid representing Mental Health Services of Roanoke Valley Board of Directors read a prepared statement advising that his concern is the use of funds earmarked for human services being used for programs that are not essentially of a nature to be included in the category of human services, that the Human Resources Committee has already made substantial reductions in the request for funds of the various participating agencies and to make substantial further reductions in fund- ing to these agencies in order to acconunodate requests for ftmds from non-human service agencies does not seem appro- priate. {For full text, see statement on file in the City Clerk's Office.) Mr. Thomas Burton representing Planned Parenthood of Roanoke Valley, Incorporated, advised that Planned Parenthood operates on a very small budget of $25,000, $8,000 of which comes from the City of Roanoke by way of human resource funding, and he requested, before the cuts are made, that Council consider the impact of such action on small agencies such as Planned Parenthood. Mr. Leonard M. Pick, representing Roanoke Area Ministries, advised that up until June, 1976, the Welfare Department had emergency funds for disbursement to needy persons; however, this money was eliminated by the State and the City has an obligation to help the poor in its community. He stated that if Council further reduces $2,000 from an already reduced $20,000 budget, the poor people of the community will suffer. Mr. Dennis Montgomery representing the Roanoke Neighborhood Alliance stated that in years past when the Council approved the recommendations of the H~man Resources Committee, that action has been considered final, but now the agencies are being told that revenue sharing money is not final until approximately October and this change in thinking has created a lot of disruption among the agencies. H~. Ted Edlick, Executive Director of TAP, spoke in support of r~moving those items from the human services category that are not human service needs. He said if Council supports a stand in reducinq the 20 per cent commitment, it viii be a dilution of that commitment to the human service agencies and he urged Council to conside~ the business of reasserting and reaffirming the 20 per cent commitment to the development of human resources among the low income and poor in the City o~ Roanoke. There was discussion as to possible funding alternatives in which the Director of Finance advised that the budget proceedings could be reopened or the Council could wait and see how much surplus will be available when he submits his report in mid July, or the $55,000 could be taken from almost an!r~here in the budget. He recommended against using the surplus for this purpose because it should not be used for ongoing programs, but stated that the Council could spend the surplus in any way it chooses. Hr. Grove moved that the statements and remarks by representatives Of the various agencies be received and filed. The motion was seconded by Hr. Taubman and adopted, Hrs. Bowles and Mayor Taylo~ voting no. Hrs. Sowl~s and Hayor Taylor stated that the requests of Virginia ~estern Co,unity College, S.F.C.A., V.P.I & S.U. Lxtension Division, and the Roanoke Valley Chamber of Commerce Convention Bureau do not belong in the human resource category and it is the obligation of Council to fund them separately. tiEFUSE COLLECTION: Hrs. Hildred ~illis and Hrs. Ann Bickel representln9 the League of ~omen Voters appeared before Council and presented a packet containing materials relative to solid waste disposal to each member of Council. (For full text, see packet on file in the city Clerk's O£fice.) Hr. Tavbman moved that the material be received and filed with appreciation. The motion was seconded by Hr. Grove and adopted. pETITIONS AND COF~iUNICATION$: RADIO-TELEVISION: A conununicatlon from Roanoke Valley Cablevision, Incorporated, submitting a Quarterly Progress Beport covering construction of the Roanoke Valley Cablevision System, was before Council. (For full text, see communication on file in the City Clerk's Office.) Hr. Thomas moved that the c~munlcation be received and filed. The motion was seconded by Hr. Garland and adopted. PI~NNING: A co~unication from Hr. J. P. Lawrence tendering his resignation as a me~ber of the City Planning Commission due to moving outside the City of Roanoke, was before Council. (For full text, see comunication on file in the City Clerk's Office.) Hrs. Bowles moved that the resignatios be accepted with regret and that the com~unicatlon be received and filed. The motion was seconded by Hr. Garland and adopted. STREETS AND ALLEYS: An application from Hr. James P. Bart, Jr., Attorney~ representing Hessrs. V. T. Wright, Sr., Albert Hross and Mandy Ringery, Trustees of Evangel Foursquare Church, requesting that that certain alley located between Sixth Street and Seventh Street, $. B., running through Block 20, Belmont Land 441 44~ Company, said block situated betveen Bullitt Avenue and Jamison Avenue, S. B., be vacated, discontinued and closed, was before Council. (For full text, see application on file in the City Clerk'a Office.) Hr. Thomas offered the following Resolution appointing viewers in connection with the application~ (~23665) A RESOLUTION providing for the appointment of five free- holders, any three of whom may act, as viewers in connection with the application of the Trustees of the Evangel Foursquare Church to discontinue and close that certain alley located between Sixth Street, S. E., and Seventh Street, S, E., running through Block 20 of Belmont Land Company, which block lies between Bullitt Avenue and Jamlson Avenue, S. B.; and referring the proposal to the City Planning Co~=ntssion for study and recc~mendation. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seeonde~ by Mr. Taubman and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Hayor Taylor ............................................................... 6. RAYS: None ....................................................... 0. (Council member Subard absent) Mr. Thomas moved that the application be referred to the City Planning Conuulssion for study, report and recommendation to Council. The motion was seconded by Hr. Taubman and adopted. REPORTS OF OFFICERS= BUDGET-CIRCUIT COURT: The Assistant City Manager submitted a written report recon~ending a transfer of $2,250.00 within the Circuit Court budget in order to purchase an additlonal set of Virginia Reports. (For full text, see report on file in the City Clerk's Office.) Mr. Taubman offered the following emergency Ordinance transferring $2,250.00 from Other Services and Charges to Supplies and Materials tLnder Section %0701, 'Circuit Court,' of the 1976-77 budget= {%23666} AN ORDINANCE to amend and reordain Section %0701, 'Circuit Court,' of the 1976-77 Appropriation Ordinance, and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Cot~ncil members Bowles, Garland, Grove, Taubman, Thomas and Hayor Taylor .............................................................. 6. RAYS: None- .................................................. 0. (Council me/nber Rubard absent) BUDGET-PLANNING-GRANTS= The Assistant City Manager submitted a written report requesting authorization to execute acceptance of the 1977-78 Community Development Block Grant, and that ftuads be appropriated as listed for the amount of the grant, with $60,000 going directly to Roanoke Redevelopment and Rousing Authority from H.O.D. for the Code Enforcement Rehabilitation Loans Project. (For full text, see report on file in the City Clerk's Office.) ~c. Grove offered ~he following emergency Ordinance a~ending and reordair ~he 1977-78 Connnunity Develol~nent Block (~2366~) ~ O~I~CE to ~nd and reordain the City of ~anoke~s 1977-~8 Gran~ Pz~r~ Acco~ and provid~n~ for ~ (For ~ull text of Ordinance, see Ordinance ~ok Mr. Grove ~oved the adoption of the Ordinance. The ~t~on was seconded b~ Hr. Tarn and adopted by ~he following AYes Co~cil m~ers B~le~ Garland~ Grove~ Ta~ Tho~s and ~or Taylor .............................................................. 6. NAYS~ Hone ..................................................... (Co~cil ~er H~ard absent} Mr. G~ove offered the ~ollowln9 Resolution acceptln9 the Co~n~ty ~velop~ent Block Gran~ offer ~n t~e ~o~t of ~2,629,000: (~23668) A ~SOL~ION accepting a certain Co~un~ Develo~ent Bloc~ Gr~t o~fer ~n ~he ~ of $2~629~000 ~ade ~o the C~ty b~ the Un,ted Depag~ent o~ Housing an~ Urb~ Development uadeg T~le I of Public Law 93-383~ and authorizing Byron E. Haneg~ City H~nageg~ to execute the C~t~s acceptance o~ ~he aforesaid gran~ o~er on behalf of ~he Clby o~ ~anoke aad to agree, on behal~ of sa~d C~ty, to co~ply w~th the te~s and cond~tlons o~ ~he agree~ent~ applicable law and regala~ions and requirements o~ sa~d Depar~ent ~rtain~n {For full text of Reso~ut~on~ see Resolution ~ok No. ~. Grove moved the a~opt~on of th~ Resolution. The motion was secon~e~ by Mr. Ta~man and adogted by the following vote= AYe= Co~c~l m~ers ~owles, Gar~an~ Grove~ Taub~n, Thomas and ~yor Taylor .............................................................6. NAYS= None .................................................... (Co~c~ m~er ~ubard absent} BU~-STATE H~G~AYS= The Assistant C~ty Manager submitted a written re~rt ~n connection w~ the C~ty-State Agre~ent for the ~ute 24, l~th Street and Benn~ngton Street, S. E., H~ghway Pro~ect, r~que~t~ng that certain f~s be tr~sferr~ from stated accosts for the City~ ~stlmat~ share ~ereof, an~ reco~en~ng au~or~zat~on to execute said agre~ent as s~mitted by the Highway Depar~ent. (For full text, see re~rt on f~le ~n the ~ty Clerk's Off~ce.) Mr. Th~as offere~ the following ~ergency Ordinance transferring $983.72 from ~ute 24 ~mprov~ents and $~0,000.00 from H~ghway Construction to ~ute 24, l~th Street an~ Benn~ngton Street, Cap~tal Projects Fun~ Section %~855, 'Transfers to Other F~ds,' of the 197~-78 budget= (~23669) ~ O~IN~CE to ~en~ an~ reorda~n Se=tlon %~85~, 'Transfers to Other Funds~' of the 197~-78 Appropriation Ord~n~c~, an~ providing for an emergency. (For full text of Ordinance, see Ordinance ~ook No. ~. Th~s moved the adoption of the Organics. The motion was seconded by ~. Ta~m~ and adopte~ by the following vote= 443 .ng 444 Nayor Taylor .............................................................. NAYS~ None- .................................................... 0. (Council member Hubard absent) Hr. Thomas offered the following emergency Ordinance transferring $76,783.85 from Unidentified Replacements to Route 24 Project Water Line under Section %2401, 'Capital Outlay From Revenue,' of the 1977-78 budget~ (%23670) AN ORDINANCE to amend and reordain Section %2401, 'Capital Outlay From Revenue,' of the 1977~78 Water Fund Appropriation Ordinance, and providing for an emergency. Hr. Tho~as moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following vote: Mayor Taylor ............................................................6. (Council member Hubard absent) to be entered into between the City and the Virginia Department of Highways and 13th Street, S. E., Highway Projects= {%23671} AN ORDINANCE relating to the improvement of a section of Route 24, Highway Project No. 0024-128-103, PE-101, RW-201, C-501 and a section of 13th Street, S. E., Highway Project No. U000-128-102, PE-101, RW-201, C-501, C-502, B-604, B-605, and approving a contract to be entered into between the City by Hr. Grove and adopted by the following vote: (Council member Hubard absent) days for the completion of the project. (For full text, see report on file in the City Clerk's Office.) Projects Fund, under Section %1855, 'Transfers to Other Funds,# of the 1976-77 budget: (S23672) AN ORDINANCE tO amend and reordain Section t1855, 'Transfers to Other Funds," of the 1976-?? Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. Hr. Th0~as moved the adoption of the Ordinance. The motion vas seconded by Hr. Taul~all and adopted by the following vote: ~ayor Taylor .............................................................. 6. (Cutmcil member Hubard absent} Mr. Th~nas offered the following emergency Ordinance approving (123673} AN ORDINANCE approving the City }{ana~er~s issuance of Change (For full text of Ordinance, see Ordinance Book No. and Mayor Taylor ......................................................... 6. (Council member Hubard absent} lighted baseball diamond in Fallon Park, to provide for an extension of 44 days and to make full payment for the project less $500.00 to cover re-seeding as regulred in the fall. (For full text, see report on file in the City Clerkts Office.} issuance of the change order: (t23674} AN ORDINANCE authorizing the issuance of Change Order No. 4 by Mr. Grove and adopted by the following vote: (Council member Hubard absent} 445 446 S~INMING POOLSz The Assistant City~tanager submitted a written report recon~nending authorization to execute the necessary change order to the contract with Days Construction Company, Incorporated, for construction of the Huniclpal Swin~ning pools, to reduce the retainage on the project from ten per cent to five per cent of the contract price. (For full text, see report on file in the City Clerk's Office.) Hrs. Bowles offered the following emergency Ordinance authorizing issuance of the change order~ (J23675) AN ORDINANCE authorizing the issuance of Change Order NO. 6 to the Cltyts contract dated Hay 5, 1976, with Days Const~ction Companyw Inc., for construction Of certain municipal swimming pools by providing for reduction of the amount of retainage held by the City under the terms of the contract until its full oomplction; and providing for afl emergency. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote= AYES: Council members Bowles, Garland, Grovew Taubman, Thomas and Mayor Taylor ........................................................... 6. NAYS: None ......................................................0. (Council member Bubard absent) FIBE DEPARTMeNT-GRANTS: The Assistant City Manager s~lbmitted a written report in connection with the 3.5 per cent of construction cost fee for reuse of plans for the design of Fire Station Nos. 6 and 13 at other sites in the future~ recommending that the City Managerts Office be authorized to execute the agreement incorporating the 3.5 per cent for reuse of the plans because of the known need for additional stations in the future, the 3.5 per cent being a reasonable fee for the services proposed, the difficulty of negotiating a fee schedule in the future, and the savings to be derived from the reuse of the standard or model plans in the future. (For full text, see report on file in the City Clerk's office.) Mr. Taubman disagreed with the 3.5 per cent royalty to the architect, advising that the City wii! be paying for the basic design on whatever basis the architect specified in his bid. He said the City has an architect on its payroll and much of this work could be done inhouse. The Assistant City Hanager advised that this would not preclude the City at some future point in talking with the architect about using the plans or designing the stations ourself but he does not believe we can find someone in town who will sell the City a set of plans that it can use on any site. He further advised that the architect will not negotiate on the 3.5 per cent royalty. Messrs. Taubman and Thomas advised that the matter needs more study and stated that any contract is negotiable and suggested that the a~Lministration proceed in that direction. Mr. Taubma~ then moved that the City Manager confer with Smlthey and Boynton, Architects and Engineers, in an effort to rensgotiate the 3.5 per cent of constr~ction cost fee for reuse of the plans in the future. The motion was seconded by Mr. Thomas and adopted. CO~CILz The Assistant Clty Hanager submitted a written report requesti~ an Executive Session to discuss a matter of pending litigation, (For full text, see report on file in the City Clerkes Office.} Hr, Thomas moved that Council concur in the request. The motion vas seconded byMr. Taubman and adopted by the following votez AYES: Council members Bowles, Garland, Grove, Taub~an, Thomas and Hayer Taylor .............................................................. NAYSz None ..................................................... (Council member Hubard absent} CITY EMPLOyEES-WORKHEN~S CO~PENSATIONz The City Attorney submitted a written report in connection with the City's participation in a suit being sponsored by the National Institute of Mu~ieipa! Law Officers (NIHLO) to chal- lenge the constitutionality of the Unemployment Compensation Act of 1976. (For full text~ see report on file in the City Clerkts Office.} Mr. Taubman offered the following emergency Ordinance $5f000.00 to Other Services and Charges under Section %0301, 'City Attorney,' of the 1977-78 budget= (%236?6) AN O~DINANCE to a~end and reordain Section %0301~ 'City Attorney,' of the 1977-78 General Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the foilowlng vote: AYES= Council members Bowles, Garland, Grove, Taubman, Thews and Mayor Taylor ............................................................... 6. NAYS: None ......................................................0. (Council member Hubard absent} Mr. Taubman moved that the followlng Ordinance authorizing the participation in a legal challenge to the Unemployment Compensation Act of 1976 be placed upon its first reading= (%23677) AN ORDINANCE authorizing the City's participation in a legal challenge to the Unemployment Cempensation Act of 1976, and directing the Director of Finance to provide certain information to the National Institute of Municipal Law Officers for purposes of this litigation. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council men,bets Bowles, Garland, Grove, Taubman, Thomas a~d Mayor Taylor ............................................................... 6. NAYS: None ......................................................0. (Council member Hubard absent) CITY CODE-CHARTER= The City Attorney submitted a written report in connection with the proposed recodification of The Code of the City of Roanoke, 1956, as amended, recommending that the proposal of Municipal Code Corporation be accepted, and that the City Manager be authorized to expend up to a total of $21,500.00 on this project. He further recommended that a Recodification Committee consisting of several members of Council and several appointees from the Administrat be appointed to provide guidance to the City Attorney concerning changes of a substantive nature to be made in the City Code. 447 448 (For full text, see report on file in the City Clerk's Office.) l~r. Tach.an offered the following e~ergency Ordinance accepting the proposal of Municipal Code Corporation= (i23678) AH O~DIN~CB authorizing acceptance of a certain proposal for revision and recodification of The Code of the City of ~oanoke (1956), as and providin~ for an emer~enc~. [For full text of Ozdinance, see Ordinance ~k ~o. ~. Ta~ ~ved the adoption of the Ord~n~ce. The mo~on ~as seconded by Hr. Garland and adopted b~ the foll~n~ vote: AYES= Co~cil m~ers Bowles, Garland~ Grove, Ta~n~ Tho~s and ~yor Taylor ................................................................ 6. NAYS= None ....................................................... 0. (Co,cji m~er H~ard absent) The ~yor ap~inted Messrs. H~pton W. Tho~s, Willi~ S. Hubard and ~s. Elizabeth T. Bowles as Council representatives to the Recodification Co~ittee and advised that he would ap~int the m~ers fr~ the a~inistration at the next r~ular meeting of Cocci1 after conferring with the City Manaper. ~I~TEL~ISION= The Senior Assistant City Atto~ey s~mitted a written re~rt In connection with the request of Roanoke Valley Cablevision for a Co~cil opinion as to the applicability of Section 21 of its franchise regarding approval of transfers of control to a described factual situation, advising that it is his opinion, concurred in by the City's Cable Television Co~ittee, that no action by the City pursuit to Section 21 of the Cable Television Franchise Ordinance in the instant case is required. (For full text, see re~rt on file in the City Clerk's Office.) ~. Garland moved ~at the re~rt be received and filed. The motion was seconded byMr. Grove and adopted. COMP~I~S-~ILITATION C~TE~: A re~rt of the City Planning Co~ssion in connection with the request of ~. G. h. Mattern~ Hayes, Seay, Hattern and ~ttern, that a review of the Zoning Ordinance be made wi~ put, se of restrlct~ng uses to those which comply wi~ the intent of the Ordinance which are compatible to the neig~orh~, and which sup~rt the character and values in the C-l, Office and Institutional District, reco~ending that the request be received and filed, was before (For full text, see re~rt on file in the City Clerk's Office.) ~. Thoma8 moved that the re~rt be received and filed. The motion was seconded by ~. Taub~ and adopted. ST~ N~S-AI~ORT= A re~rt of the City Planning Co~iss~on recom- mending that an ~n~ed street near ~anoke Municipal Airart, Woodr~ Field, between Airart Road ~d Route 117, be n~ed Barnes Avenue, N. W.~ was before Co~cil. (For full text, see re~rt on file in the City Clerk's Office.) ~. Garland moved that the re~rt be referred to the City Atto~ey for preparation of the proof measure. The motion was seconded by ~s. Bowles and adopted. SCHOOLSz The City Clerk presented a report advising that applications for two vacancies on the Roanoke City School Board are now being received ~n the City Clerkts Office for ter~ of three years each ending June 30, 1980, that a public hearing w~ll be held by the Council on Wednesday, July 13, 1977, at 7=30 p.m., ~n the Council Chamber to interview all applicants, and that an election to fill said vacancies will be held by the Council on Honday, July 25, 1977. (For full text, see report on file ~n the City ClerkJs Office,) Hr, Grove moved that the report be received and filed. The motion was seconded by Mr. Garland and adopted. REPORTS OF CO~MITTEES~ AUDIT COMMITTEE~ Minutes Of the Audit Committee meeting of June 20, 1977, were before Council. (For full text, see minutes on file in the City ClerkJs Office.) Hr. Garland moved that the minutes be received and filed. The motion was seconded by Mr. Thomas and adopted. AIRPORT= A report of the Airport Advisory Commission in connection with the request of Ray Dobbins Lincoln-Hercury, Incorporated, to establish and engage in automobile rental car service at Roanoke Municipal Airport, Woodrum Field, reco~nending that the request be denied at this time, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Ray Dobbins appeared before Council and advised that as of this tJ~e he has not received one viable reason that would decline or deny him space at the airport and he said he was well aware of a Federal Trade Co~mlsslon ruling that defies discrimination in airport rentals. He said he is a local businessman who pays a lot of taxes to the City of Roanoke and is one of the few people trying to expand a business in this City and in his point of view he has been abused because it should not take two years to make a decision on his request. Mr. Thomas moved that the report be referred to the City Manager for (1) report as to whether or not he concurs in the recommendation of the Airport Advisory Commission, and if not, why, (2) where the revenue equities are, and (3) the status of overall advertising at the airport. The motion was seconded by Mr. Grove. In addition, Hr. Taubman requested that the City Manager's report also deal with the allegatlon of Hr. Dobbins that he has been discriminated against. The motion, as amended, was then adopted. Mr. Jack Smith, Chairman of the Airport Advisory Commission, appeared before Council and advised that this was not an easy decision for the Congnission me,hers, that it was a unan~ous decision among those present with one member absent and he cited various reasons for reco~ending denial. CITZZENS~ TASK FORCE FOR CRIHE PREVENTION AI~D SOCIAL DEVeLOPmENT= A report of the Citizens~ Task Force for Crime Prevention and Socla! Development representing their efforts as they perceived the charge, and reco~nending that the Task Force be continued, was before Council. (For ful! text, see report on file in the City Clerk's Office.) 449 45O In view of the fact that no representative of the Task Force was present to answer questions, Hr. Garland moved that action on the report be deferred until the regular meeting of Council on Honday, July ll~ 1977, and that a repre- sentative of the Task Force be requested to attend. The motion vas seconded by Hrs. Bowles and adopted.. UNFINISHED BUSINESS~ NONE. CUNSIDERATION OF CLAIHS~ NONE° INTRODUCTION AND CONSIDERATION OF ORDINANCES AND I~ESOLUTIUNS~ STREETS AND ALLEYSz Ordinance No. 23656 permanently vacating~ die- continuing and closing an alley beginning on the easterly side of South Jefferson Street and an alley beginning on the northerly side of 3rd Street~ S. E.~ having previously been before the Counci! for its first reading, read and adopted on its first reading and laid over, was againbefore the body, Mr. Grove offering the following for its second reading and final adoption: (J23656) A~ ORDINAECE, pursuant to the provisions of §15.1-364 Of the Code of Virginia, 1950, as a~ended, permanently vacating, abandoning, discontinu- ing and closing two certain alleyways more particularly described as ALLEY NU~CER ONE Being that alley beginning on the easterly side of South Jefferson Street, and proceeding in a southeasterly direction, approximately 125 feet to the intersection with another alley as shown on Official Survey Sheet SE %4, running between Lots 3 and 4, Block %3, of that survey sheet. ALLEY NUMBER TWO Being that alley beginning on the northerly side of 3rd Street, S. E., approximately 130 feet southeast from the inter- section of 3rd Street, S. E., and South Jefferson Street, and proceeding in a northwesterly direction, approxlmately 125 feet to the intersection with Walnut Avenue, S. E., as shown on Official Survey Sheet, SE %4, ru~ning between Lots 3 and and Lot 9, Elock %3, of that survey sheet. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ............................................................ 6. NAYS= None ...................................................0. (Council member Hubard absent) ZON~NGt Council at its meeting on Monday, June 13, 1977, having requeste~ an opinion from the City Attorney as to the number of affirmative votes required for adoption of Ordinance No. 23657 on its first reading, the City Attorney submitted a written report advising that since opponents to this rezoning did not comprise twenty per cent of the surrounding lando~ners in accordance with the City Cods, four affirmative votes would be sufficient for said passage. (For full text, see report on file in the City Clerk's Office.) Mr. Garland moved that the report be received and filed. The motion was seconded by Mr. Taubman and adopted. Ordinance No. 2365? rezoning property located on the southerly side of Bershberger Road, M. W., described as Lot 4, Block 21-A, Section 3, Map of Dorchest~ Court, Offlclal Tax No. 2271014, from RD, Duplex Residential District~ to C-2, General Commerclal District, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, H~. Garland offering the following for its second reading and final adoption: (#23657} A~ ORDI~CR to amend Title )IV, Chapter 4.1, Seckton 2, of The Code of the City of Roanoke~ 1956, as amended, and Sheet No. 227, Sectional 1976 Zone Hap, city of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Rook No. Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote: AYES: Council members Garland, Grove, Taubman and Mayor Taylor .....4. NAYS: Council me~ber Bowles ........................................1. (Council member Hubard absent) (Council me~ber Thomas not voting) ZONING: Ordinance No. 23658 rezoning property locate~ in the 800 block oi Jamison Avenue, S. E., described as Lots 7 and 8, Section 18, Belmont Land Company Addition, Official Tax Nos. 4120606 and 4120607, respectively, from RG-2, General Residential District, to C-2, General Commercial District, having previous- ly been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Thomas offerln9 the followin9 for its second reading and final adoption: (%23658) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 412, Sectional 1976 Zone Map, City of Roanoke, in relation to zoning. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ................................................................ 6. NAYS: None ....................................................... (Council member Hubard absent) ZONING: Ordinance No. 23659 rezoning property located on the southerly 'side of Peters Creek Road, N. W., described as the northerly portion of a 7.624 acre tract, Official Tax No. 6410101, from RG-2, General Residential District, to C-2, General Commercial District, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Mr. Garland offering the following for its second reading and final adoption: (%23659) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 641, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance ~ook No. Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members BowieS, Garland, Grove, Taubman, Thomas and Mayor Taylor ............................................................... 6. NAYS: None ......................................................0. (Council member Hubard absent) 451 452 ZONING: Ordinance No. 23660 rezoning the rear portion of property located on Yello~ ~ount~ln Roadw S. E., designated aa Official Tax Nos. 4511001 - 4511005, inclusivew 4510904, 4510906, 451090?, 4510909, 4510913 and 4510914, from RS-3, Single-Family Residential Dlstrict~ to RD~ Duplex Residential District! and that front portion of certain properties located on Welcome Valley ~oad~ So designated as official Tax Nos° 4510915 and 4300912, from RD, Duplex Residential District, to P.S-3, Single-Family Residential District, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, vas again before the body, Qr. Grove offering the follovlng for its second reading and final adoption: (~23660) AN ORDI~iANCE to amend Title XV, Chapter 4.1, Sec. 2, of The Code of the city of ~oanoke, (1956), as amended, and Sheet Nos. 451 and 430, Sectional 1976 Zone Hap, City of ~oanoke, vlth respect to Zoning. (For full text of Ordinance, see Ordinance Book No. Hr. Grove moved the adoption of the Ordinance. The motion vas seconded by Hr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Hayor Taylor ............................................................... 6. NAYS: None ..................................................... 0. (Council member Hubard absent) GP~NTS-PUBLIC WORKS: Council having instructed the City Attorney to prepare the proper measure authorizing and directing the City Hanager to file application for allocation of federal funds from the United States Economic Development Administration pursuant to the Local Public Works Employment Act and establishing a list of priorities for projects to be constructed with funds allocated pursuant to the Act, he presented same; whereupon, Hrs. Bowles offered the following Resolution: (~23679) A RKSOLUTION authorizing and directing the City Hanager for and on behalf of the City of P~anoke, to file application for the allocation of Federal funds from the United States Economic Development Administration pursuant to the Local Public Works l~ployment Act duly promulgated by the Congress of the United States; and establishing a list of priorities for projects to be constructed with £unds allocated pursuant to said Act. (For fell text of Resolution, see Resolution Book Hrs. Bowles moved the adoption of the Resolution. Themotion was seconded by Hr. Garland and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Hayor Taylor ............................................................ 6. NAYS: None- .................................................... (Council member Bubard absent) TAXES-STADIUH: Council having instructed the City Attorney to prepare the proper measure authorizing waiver to the Roanoke Valley Shrine Ciub-Kaztm Temple of pa!anent of a~nissions taxes and rental charges for use of Victory Stadiom on Septembe~ 9, 1977, he presented same; ~hereupon, Hr. Grove offered the following Resolution: (t23680) A RESOLUTION authorizing waiver to the Roanoke Valiey Shrine Club-Kazlm Temple of payment of admissions taxes and rental charges for the use of Victory Stadium on September 9, 1977. (For full text of Resolutiont see Resolution Book No. Mr. Grove moved the adoption of the Resolution. The motion vas seconded by Mrs. Bowles and adopted by the following votes AYES: Council members Bowlest Garland, Grove~ Taubman, Thomas and HayorTaylor ..............................................................6. NAYS~ None ..................................................... 0. (Council member Hubard absent) STREET NAMES= Council having instructed the City Attorney tn prepare the proper measure designating and fixing the name Cross Road, N. W., to a certain street in the northwest quadrant of the Clty~ he presented same~ where~ponm Mr. Grove moved that the following Ordinance be placed utx)n its first reading= (%23681} AN OPd)INANCE designating and fixing the name Cross Boad, N. W., to a certain street in the northwest quadrant of the City. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Garland and adopted by the following votes AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ...............................................................6. NAYS: None ...................................................... 0. (Council member Rubard absent) COUNCIL: Council having previously instructed the City Attorney to prepare the proper measure authorizing the holding of two regular Council meet- ings during the months of duly and August, 1977, he presented same; whereupon, ~Lrs. Bowles offered the following Resolution: (%23682} A RESOLUTION authorizing the holding of two regular Council meetings during the months of duly and August, 1977. (For full text of Resolution, see Resolution Book No. Mrs. Bowles moved the adoption of the Reaolution. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ...................... ~ ....................................... NAYS: None ..................................................... 0. (Council member Hubard absent} REGIONAL JAIL: Council having instructed the City Attorney to prepare the proper measure offering Roanoke County the opportunity to house its prisoners in the new jail facility to be constructed by the City of Roanoke for one year after the completlon date of the new facility, he presented same; whereupon, Mr. Taubman offered the followlng Resolution: ([23683) A RESOLUTION expressing the intent of the Council of the City of Roanoke with respect to the new jail facility to be constructed in the City of Roanoke and offering Roanoke Cotulty the opportunity to house its prisoners in such facility for one year after the completion date of the City*s new jail facility. (For full text of Resolution, see Resolution Rook NO. 453 454 ~Lr. Ta-~- presented a proposed ~oanoke County Jail Offer indicating the means by which the Jail S~udy Co~aittee arrived at a figure of $5°98 per prisoner per diem. He stated that the $5.98, which the City taxpayer would be underwriting for the County, ia hopefully an attraction to the County Board of Supervisors to let them know we can havh one jail together. He said the length of time would be negotiable in an effort to bring the two municipalities together to save money and provide the lowest cost to the taxpayers in the Roanoke Valley. Mr. Taubman then moved the adoption of the Resolution. The motion was seconded by Mr. Grove and adopted by the following vote= AYES~ Council me~bers Bowles, Garland, Grove, Taub~an, Thomas and Hayor Taylor ............................................................... 6. NAYS~ None 0 (Council me~nber Hubard absent) GPJ~NTS-JUVENILE HOME: Council having previously instructed the City Attorney to prepare the proper measure ssttlng a public hearlng for Monday, July 11, 1977, at ?:30 p.m., relative to the locatlon of a Crisis Interventlon/Runaway Center for juveniles in the City of Roanoke at 836 Campbell Avenue, S. W., he presented same~ whereupon, Hr. Grove offered the following Resolution= (%23684) A RESOLUTION setting a public hearing to consider the location of a Crisis Intervention/Runaway Center for juveniles in the City of Roanoke. (For full text of Resolution, see Resolution Book No. Mr. Grove moved the adoption Of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Councll members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ............................................................ 6. NAYS= None ...................................................0. (Council member Hubard absent) SEWERS A~D STO~H D~AINS= Councll having instructed the City Attorney to preparethe proper measure requesting the Roanoke County Board of Supervlsors and/or the Roanoke County Public Service Authority to inu~ediately submit to the State Water Control Board the construction plans for the segment of the Glade Creek joint-use sewer interceptor located w£thin the City of Roanoke and to make in=nediate application for Step I~X, Construction funding, for such segment of said project and offering to waive the City*s right to reimbursement for its share of the cost of construction plans and specif£cation$, he presented same~ whereupon, Mr. Thc/nas offered the followlng Resolution: (%23685) A RESOLUTION requesting the Roanoke County Board of Supervisors and/or the Roanoke County Public Service Authorlty to ~mm~diately submit to the State Water Control Board the construction plans for the segment of the Glade Creek jolnt-u~e sewer interceptor located within the City of Roanoke and to make immediate application for Step III, construction funding for such segment of said project and offering to waive the City's right to reimbursement for its share of the cost of construction plans and specifications. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES~ coUncil members Bo~lee, Garlandw Grove, Taubman~ Thomas and l~yor Taylor ................................................................ NA¥S~ None .......................................................O. (CoUncil member Hubard absent} SWIF~4ING POOLS~ CoUncil having previously instructed the City Attorney to prepare the proper measure awarding certain concession privileges to be exercised at the municipal swimming pools located in Washington Park and Fallen Parkw he presented eame~ whereuponw Mrs. Bowles moved that the following Ordinance be placed upon its first reading= (12i686} AN ORDINANCE awarding certain concession privileges to be exercised at the municipal swimming pools located in Washington Park and Fallen Park, upon certain terms and provisions, on the basis of a certain bid made therefor~ directing the execution of a requisite contract~ and rejecting the other bid made for the award of said privileges. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Hr. Garland and adopted by the following AYES= Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ............................................................... 6. NAYS: None ......................................................0. (Council member Hubard absent} SWIMMING POOLS= Council having previously instructed the City Attorney to prepare the proper measure establishing a change fund to be maintained at Washington Park Swin~ning Pool and at Fallen Park Swiping Pool, in the amount of $50.00, each, he presented same~ whereupon, Mrs. Bowles offered the following e~ergency Ordinance= (%23687) AN O~DINANCE establishing change funds to be maintained at certain City swimming pools and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by }ir. G~rland and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Taubmao, Thoma~ and Mayor Taylor ................................................................ 6. NAYS= None--~ ....................................................0. (Council member Hubard absent) SEWERSAND STORM DRAINS= Council having previously instructed the City Attorney to prepare the proper measure authorizing execution of an agreement with ~RA-TV for the production o~ a thirty minute documentary film on the Sewage Treatment Plant, he presented same~ whereupon, Mr. Thomas offered the following emergency Ordinance= (%23688} AN ORDINANCE authorizing execution of an agreement with ~BRA-TV for the production of a thirty minute documentary film on the Sewage Treatment Plant~ and providing for an ~mergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Taubman, Thom~s and Mayor Taylor .................................................. ~ ............ 6. NAYS: None ...................................................... 0. (Council me~ber Hubard absent) 455 456 HUNICIPA~ BUILDING-TRaFFIC= Council having previously instructed the City Attorney to prepare the proper measure authorizing and providing for tho lease to the City of certain property at the southeast intersection of Church Avenue and Fourth Street, S. W., from the P~anoke Valley Chapter o~ the American National Ned Cross, upon certain terms and conditions, to be used for the parking of vehicles of certain city e~ployees, which property heretofore has been leased by the City from the Low-Gay Corporation, he presented same; whereupon, Mr. Thcanas offered the following emergency Ordinance= {125689} AN ORDINANCE authorizing and providing for the lease to the City of certain property at the southeast intersection of Church Avenue and Fourth Street, S. W., from the Roanoke Valley Chapter of the American National Red Cross; upon certain terms and conditions; and providing for an emergency. (For ful! text of Ordinance, see Ordinance Book No. Mr. Thomas ~oved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Taubman, Thomas aod ~ayor Taylor ........ e ..................................................... 6. NAYS: None .....................................................0. (Council member Hubard absent) PARKS AND p[J%YGROUNDS: Council having previously instructed the City Attorney to prepare the proper measure providing for the construction of the new Norwich Community Center and related construction on the same site by accepting the proposal of Blane& White Construction Company, for a sum not to exceed $227,697.00, he presented same; whereupon, Mr. Taubman offered the following emergency Ordinance: (123690) AN ORDINANCE providing for the construction of the new Norwich Co, unity Center and related construction on the same site by accepting a certain bid made to the City therefor and awarding a contract thereon; rejecting certain other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Taubman moved the adoption'of the Ordinance. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ............................................................ 6. NAYS: None 0 (Council member Hubard absent} WATER DEPARTMENT: Council having previously instructed the City Attorney to prepare the proper measure accepting the proposal of Corrosion Control Corporatl in the amount of $22,440.00, for the repair, cleaning, and painting of the interior and exterior of the Washington Heights Elevated Water Tank belonging to the City, he presented same; whereupon, Mr. Grove offered the following emergency Ordinance: (%23691) AN ORDINANCE providing for the acceptance of a certain bid and providing for the award of a contract for the repair, cleaning, and painting of the interior and exterior of the Washington Heights Elevated Water Tank belongin to the City, rejecting certain other bids made to the City therefor, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Grove moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Council members Bovles, Garland, Grove, Taubman, Thomas and Mayor Taylor ...................................................... T ....... 6. NAYS= None- ....................................................0. (Council member Hubard absent} AIRPORT: Council having previously instructed the City Attorney to prepare the proper measure accepting the proposal of Floyd S. Pike: Electrical Contractor, ~ncorperated, for the installation of new high intensity lighting for Runway 5-23 at Roanoke Hunicipel Airport, Woodrum Field, for Federal Airport Project No. ADAP 6-51-0045-06, Contract I, upon certain terms and conditions, he presented sa~e; whereupon, Hrs. Bowles offered the following emergency Ordinance~ (%23692) AN ORDINANCE accepting a certain proposal and awarding a contract for the iflstallation of new high intensity lighting for Runway 5-23 at Roanoke Municipal Airport, Woodrum Field, for Federal Airport Project No. ADAp 6- 51-0045-06, Contract I, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. Grove and adopted by the following vote: AYES: Councll members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor .............................................................. 6. .NAYS= None ..................................................... 0. (Council member Hubard absent) SIDEWALK, CURD AND GUTTER-STREETS AND~EYS: Cou~cll having previously instructed the City Attorney to prepare the proper measure accepting the propesal of S. R. Draper Paving Company for construction of concrete curb, gutter, sidewalks, entrances, paving and related drainage facilities at various locations in the 'ii southeast section of the City, for the sum of $I07,572.05, he presented same; i! whereupon, Mr. Grove offered the following emergency Ordinance: [ (123693) AN ORDINANCE accepting the proposal of S. R. Draper Paving Company for construction of concrete curb, gutter, sidewalks, entrances, paving i;i and related drainage facilities at various locations in the southeast section of i~ the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made to the City; and providing for an emergency. (For full text of Ordinance/see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Taubmun and adopted by the follgwing vote: AYES: Council members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor ......................................................... 26. NAYS: None ..................................................... 0. (Council member Hubard absent) 457 458 CITY PP~PERTY-SCBOOLS-PUBLIC HORKS~ Council having previously instructed the City Attorney to prepare the proper measure concurring in the City Manager*e proceeding to advertise for bids for the demolition of the damison Elementary School Building and the Cltyts former radio shop building, he presented same! whereupon, Mr. Thomas offered the following Resolutlnn= (i23694) A RESOLUTION concurring in the City Manager's proceeding to advertise for bids for the demolition of the Jam=son Elementary School Building and the City's former radio shop building. (For full text of Resolution, see Resolution Book No. Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Taubman and adopted by the following VOte: 1 AYES= Council members Bowles, Garland, Grove, Taobman, Thomas and NAYS= None- .....................................................0. ~ (Council member Bubard absent) CITY PROPERTY-EQUIPMENT: Council having previously instructed the City Attorney to prepare the proper measure authorizing sale at public auction of certain surplus tangible personal property owned by the City but not needed for any public purpose or use, directing that such sales be final and not subject to confirmation of price by later action of Council, and authorizing the acceptance of the proposal of Capital Sales & Auction Company, for a sum equal to four per cent of the gross cash amount received by the City at said auction sale for said articles, he presented same; whereupon, Mr. Grove offered the following emergency Ordinance: {#23695) AN ORDINANCE authorizing sale at public auction of certain surplus tangible personal property owned by the City but not needed for any public purpose or use; directing that such sales be made at auction be absolute and not subject to confirmation of price by later action cf the Council; authorizing acceptance of the proposal for the services cf an auctioneer for the aforesaid purpose, and rejecting certain other proposals made therefor; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Mr. Grovemoved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Cokmcil members Bowles, Garland, Grove, Taubman, Thomas and Mayor Taylor .................................................... ii___=/ ...... $. NAYS: None ........................................................0. (Council member Hubard absent) BUDGET: Council at its Financial and Planning Session on Monday, June 20, 1977,' having instructed the City Attorney to prepare the proper measure providing for certain, transfers and appropriations to various accounts within the 1976-77 General Fund, Sewage Treatment Fund and Grant Fund Appropriation Ordinances, Mr. Thomas offered the following emergency Ordinance: (See minutes of Financial and Planning Session of June 20, 1977 on file in the City Clerk's Office.) (~23696) AN OI~)I~CE to amend and reordain certain aections of the 19~6-~7 Sewage Treatment and Grant Fund Appropriation Ordinancesw and certain sections of the 1976-77 Genera! Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, See Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taub:~u1 and adopted by the following vote= AYES= Council members Bowles~ Garland~ Grove, Taubman, Thc~as and Mayor Taylor ................................................................. 6. NAYS= None ........................................................0. (Council member Nubard absent) BUDGET= Mr. Tauhman offered the following emergency Ordinance providing for appropriations to various accounts within the General Fund, the Water Fund, the Sewage Treatment Fund and the Alr~ort Fund Appropriation Ordinances= (%2369?) AN ORDINANCE to amend and reordain certain sections of the 1976-77 General Fund, Water Fund, Sewage Treatment Fund and Airport Fund Appropria- tion Ordinances, and providing for an emergency. (For full text of Ordinance, see Ordinance Nook No. In clarification, the Director of Finance advised that the purpose of the Ordinance is to clear up certain accounts that have been overexpended and in the future this type of occurrence will not happen again because he will not permit expenditures from the various accounts unless adequate funds are there. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES= Council members Bowles~ Garland, Grove~ Taubman~ Thomas and Mayor Taylor ............................................................... 6. NAYS: None ................................L ..................... 0. (Council me~nber Hubard absent) BUDGET-PLANNING-WATER DEpARTMENT-GRANTS: Councll having previously instructed the City Attorney to prepare the proper measure relative to acquisition by the City of the New Nope Water Company, Incorporated, Hr. Grove offered the following emergency Ordinance transferring $10,000.00 from 'Programs Development' to 'New Nope Water Company', under the 1976-77 Grant Program Account: (t23698) AN ORDINANCE to amend and reordaln the City of Roanoke's 1976-77 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Nook NO. Mr. Grove moved the adoptlon of the Ordinance. The motion was Seconded by Mr. Taubman and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Taubman~ Thomas and Mayor T~ylor ............................................................. NAYS: None ....................................................0. (Council me~ber Eubard absent) BUDGET-SCHOOLS: Councll at its Financial and Planning Session on Manday, June 20, 1977, having instructed the City Attorney to prepare the proper measure appropriating $1,163,425 to Instruction and $36,57S to Attendance Service under Section t1901, 'Schools,' of the 1976-77 budget, to provide funds in 459 460 connection with deferred portion of salaries earned during 1975-76~ .but paid in July and August, 1976, due to the twelve-pay option for ten-month personnel, ~r. Th~nas offered the following emergency Ordinances (%23699) AN ORDIHANCE to amend and reordain Section [1901, 'Schools,' of the 1976-77 General Fund Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. H~. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote~ AYES= Council members Bowies, Garland, Grove, Taubman, Thomas and Mayor Taylor ............................................................ 6. NAYSt None ...................................................0. (Council member Nubard absent) MOTIONS AND MISCELLANEOUS BUSINESS: BUSES-COUNCIL: Due to the fact that the Council will hold two regular meetings during the months of July and August on the second and fourth Mondays, the Mayor inquired as to the desire of Council in reference to the meetings of the Board of Directors of Greater Roanoke Transit Company, which meetings have heretofore been held on the third Monday of each month at 2200 p.m. The Mayor stated that the General Manager of Valley Metro prefers that the meetings be held on the fourth Monday during the months of July and August. Hr. Taubmall moved that the City Attorney be instructed to prepare the proper measure providing for the meetings of the Board of Directors of Greater Roanoke Transit Company to be held on the fourth Monday during the months of July and August, 1977, at 1:00 p.m., in the City Council Chamber. The motion was seconded by Mrs. Bowles and adopted. COUNCIL: Hr. Grove moved that Council meet in Executive Session to discuss a matter of potential litigation. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Cou~cll members Bowies, Garland, Grove, Taubman, Thomas and Mayor Taylor ............................................................. 6. NAYS: None .................................................... (council member Hubard absent) AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES: The City Clerk advised of expirations Of terms on various authorities, boards, commissions and con~ittees on June 30, 1977. (For full text, see list on file in the City Clerk's Office.) Mr. Thomas moved that action on the expirations be deferred until the next regular meeting of Councll on Monday, July 11, 1977. The motion was seconded by Mr. Taubman and adopted. YOUTH COMMISSION: The City Clerk reported that Mrs. G~rtrude Camper has qualified for a term of three years ending April 30, 1979, and Mrs. Nancy Lawson has qualified for a term of two years ending April 30, 1981, as members of the Youth Commission. Mr. Garland. moved that the report be received and filed. The motion was ssconded by Mr. Taubman and adopted. OTHER HEARINGS OF CITIZENS: I~GIONAL JAILs Hr. Grove, Chairman of a con~nittee appointed to tabulate bids received on the new jail facility advised that the committee would meet ~diately following the Executive Session of Council. There being no further business, the Mayor declared the meeting adjourned. APPROVED ATTEST: City Clerk ~layor 461 462 COUNCIL~ SPECIAL HEFTING, Thursday, June 30~ 1977. The Council of the City of Roanoke mot in special meeting in the Co,nell Chamber in the Municipal Building, City Of Roanoke, on Thursday, Juno 30, 1977, at 8~30 a.m., withHayor Noel C. Taylor presiding. pP~ESENTz Council members Elizabeth T. Rowles, Robert A. Garland, Lucian Y. Grove, Nicholas F. Taubman and Mayor Noel C. Taylor--[ ABSENT~ Council members William S. Bubard and Hampton W. Thomas ....2. OFFICERS PRESENT= Mr. Byron E. Haner, City Manager; Mr. Sam H. McGhee, III, Assistant City Manager; Mr. Wilburn C. Dlbling, Jr., City'Attor~ley; Hr. · James B. Buchholtz, Senior Assistant City Attorney; Hr. John H. Nitchell, Assistan! Director of Finance~ and Hrs. Mary F. Parker, City Clerk. INVOCATIONt The meeting was opened with a prayer by Mayor Noel C. Taylor. Tho Mayor advised that the purpose of the meeting was to receive a report from the committeo appointed to tabulate bids ~oceived for the new jail facility; and to recoivo a report from the City Manager in reference to employ- ment of architectural services to prepare and provide plans, specifications, contract documents and other professional services for the construction of Fire Stations NO. 6 and No. 13. BUDGET-REGIONAL JAIL= Hr. Grove, Chairman of the Committee appointe~ to tabulate bids on the new jail facility, presented a report of the conuaittee recommending that Council adopt the approprlate ordinance awarding the contract to Tandy Construction Company, the contract to include the base bid in the amount of $5,463,810, Item I1 {certain equipment) in tho amount of $119,500, Item III (certain lavatory units) in the amount of $72,000, Item IV, (shelling in the fourth pod) in the amount of $157,800, and all unit prlcos submitted under Item VI of the proposal of Tandy Construction Company, and further recommending that all other bids bo rejected. (For full text, see report on file in the City Clerk's Office.) Mr. Grove moved that Council concur in the report of the conunittee and that the City proceed forthwith on plans to begin construction of the new jail facility. The motion was Seconded by Mr. Taubman and adopted. Hr. Grovo Offered tho following emergency Ordinance transferring $434,520 from Courthouse to Jail Facility under 'Capital Improvament Fund,' of the 1977-78 budget: (%23700) AN ORDINANCE to amend and reordain cortain sections of the 1977-78 Capital Improvement Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Grove moved the adoption of the Ordinance. Tho motion was seconde~ by Mr. Taubman and adopted by the followlng vote: AYES: Council members Bowles, Garland, Grove, Taub~an and Mayor Taylor .........................................................h .... L---5. NAYS: None- ...................................................0. (Council members Hubard and Thomas absent) Mro Grove offered the following emergency Ordinance acceptinq the proposal of Tandy Construction Company~ (123702) ~ ORDINANCE accepting the proposal of Tandy Construction Company for the furnishing of all labor and materials necessary for the construction of the City's new jail facility in the City of Roanoke, on the site heretofore acquired for such purpose, upon certain terms and conditions; rejecting certain other bids made to the City; and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following votel AYESI Council members Bowles, Garland, Grove, Taubman and Mayor Taylor ..................................................................... 5. NAYS= None- .....................................................0. (Council members Hubard and Thomas absent) FI~E DEPARTMENT= Council having previously requested that the City Manager continue discussions with the firm of Smithey and BOynton, Architects and Engineers, pertaining to the design of Fire Stations No. 6 and No. 13, the Assistan~ Clty Manager presented a written report of the City Manager advising that the architect has agreed to change paragraph 14.3 of the agreement relating to compensation to the architect for any additional stations from 3.5 per cent to 3.0 per cent, aduitionally, the following sentence has been agreed to by the architects for insertion in the paragraph: "Alternately the Owner may elect to use the design for any other site by paying the Architect a lump sum amount of $1,500.00 per site, plus compensation for all requested services in connection therewith at a rate equal to 2.5 times direct personnel expense for principals and employees." The City Manager recommended that these additional changes be incorporated into the agreement and that the amended agreement be approved for execution. [For full text, see report on file in the City Clerk's Office.) Mr. Taubman moved that Council concur in the report and offered the following emergency Ordinance: (#23701) AN ORDINANCE authorizing the ~mp]oyment of architectural services to prepare and provide plans, specifications, contract documents and other professional services in and about the construction of Fire Stations NO. 6 and No. 13 for the City, upon certain terms and provisions; and providing for an emergency. (For full text of Ordinance, see Ordinance Sook No. Mr. Taubman moved the adoption of the Ordinance. The motion was seconded byMr. Garland and adopted by the following vote: AYEs: Council members Bowles, Garland, Grove, Taubman and Mayor Taylor .....................................................................5. NAYS: None- ......................................................0. (Council members Hubard and Thomas absent) There being no further business, the Mayor declared the special meeting adjourned. ATTEST: City Clerk APPROVED Maynr 463 464 --. Hondayt 3uly 11, 1977. · he Co~cil of the city of ~oke ~t In zegular ~eting ~n the Co~ctl Ch~ In the H~lclpal Building, City of ~oke, on ~ndaF~ ~uly 11, 1977~ a~ ?z30 p.m.~ vl~yor Noel C. Taylor pzesiding. P~S~t Co,cji ~ers Elizabeth T. B~les~ ~ber~ A. Gazland~ Lucian Y. Grove~ ~llll~ S. Huba~d~ Nicholas F. Ta~, H~pton H. Tho~s and ~For Hoel C. Ta~lor ...................~-~ ................................ ~S~z None ................................................... OFFICE~ P~S~= ~. Byron E. Haner~ City ~nag~r; ~. S~H. M~hee~ I~, Ass~stant C~ty ~nag~r~ Hr. W~lburn C. D~b1~ng~ Jr., C~ty Attorney~ James E. Buc~o~tz~ Sen~or Assistant City Attorney~ ~. Joe~ H. Schlanger~ Director of F~nance~ and ~s. ~ry F. Parker, C~ty Clerk. I~TION~ The meeting was opened w~ a prayer by the R~verend ~rshall W. ~derson~ Pastor, Fairv~ew Un,ted Meth~st Church and ~wrence M~or~al Un,ted Meth~st Church. MI~TES= Cop~es of the m~nutes of the regular meeting of J~e 13, 1977~ the special meeting of June 23, 1977~ the regular meeting and the special m~et~ng of June 30~ 19~7, having been furnished each m~er Co~c~l~ on motion of ~. Thomas, seconded by Hr. Ta~man and unani~usly adopted~ the reading thereof was d~spensed w~ and the m~nutes were approved as recorded. H~RING OF CITIZENS UPON PUBLIC ZONING: Co~c~l having previously continued a public hearing ~n connection with a pro~se~ ~en~ent to Section 5.1, ~-1, ~-2, an~ ~-3, S~ngle-F~y Res~dent~a~ D~tr~cts regulations, Paragraph 2, 'Special exceptions after p~l~c not~ce and hearings by the Board of Zoning Appeals,' of the Zoning Ordinance, relating to hospitals, s~tar~, rest homes, convalescent homes~ homes for orph~s an~ homes for aged, the ~tter was again before the b~y. In th~s connection, the C~ty Planing Co~ss~on s~mltted a written re~rt ad~ing that the pre~nderance of the c~entary at ~ts me~t~ngs of J~e I and J~e 15, 1977, related to the need for these facilities, the ~tential impact of the ~,500 feet separation r~u~r~ents on those adult h~es granted a five-year spec~a~ exception, as well as ~e n~e~ for pe~tt~ng more than e~ght residents ~n order to economically o~rate. The Planning Co~ss~on reco~en~ed that provision be made to all~ the grandfather~ng of ~e 1,500 feet of separation by the ~oard of Zoning Appeals ~n a ~nner reco=ended by the City Attorney's Office. (For full text, see re~rt on f~le ~n the City Clerk's Off~ce.) ~. Hubard offere~ the following ~ergency Ordinance= (%23703) ~ O~N~CE to ~end ~d reordakn subsection 2, of exceptions after public not~ce and hearings by the boar~ of zon~n~ a~eals, ~5.1~ ~-1, ~-2, an~ ~-3 S~n~e-f~ily residential ~str~cts regulations, of Chapter 4.1. Zoning, of T~tle ~, Cons~ct~on, A~terat~on ~d. Use of Lan~, Buildings and Other St~ctur~s, of the Code of ~e C~ty of Ro~oke (1956), as ~ended~ establishing conditions under which hospitals, sanitariums, rest homes, convalescen! homes, homes for orphans, and ho~es for aged may locate in ~S-I, ~S-2, and ~3 districts~ and providing fo~ ~ ~er~ency. ~. H~ard ~ved the adoption o~ ~e Ozdin~ce. The mo~on ~as seconded The following ~zsons speared before Council in op~sl~ion ~o the pro~sed ~en~ent~ Hr. ~bert W~II~s, Jr., representing ~e V~rg~n~a Assoc~a~ t~on of Homes for Adults, advised that the pro~sed ~end- ment by the City Planing Co~ssion ~s over-r~gulating for ad~lts~ that homes for adults have become totally neces- sary because nursing h~es are full and w~th ~e new review board~ homes for adults are becoming a necessity. He said the Planning C~ss~on had absolutely no bas~s for reco~end~ng the 1500 feet requirement an~ the ~x~ n~er of eight people ~nclud~ng staff. He noted that there have been no complalnts against homes for adults and' the meth~ of having a hearing whereby Council can authorize waiver after p~l~c hearing is the proper way to handle the situation, ~t has worked ~n the past and it can work ~n the future. The fact that there may e~ght or n~ne ~ople ~v~ng ~n the home should make no d~fference because the State will ~m~se remitments that w~ll make the home safe. He said the C~ty Planing Co~lss~on should be concern~ w~th the complexion of the ne~gh~rh~ and homes for adults do not ch~ge the complexlon of a neig~rh~. In concluding, he sa~d the C~ty Planning Co~sslon ~s over- stepping its bounds on th~s matter because it has given more than ~t originally requested. Mr. Fitzgerald Reed, President of the Virginia Association Of Homes for Adults, stated that such an Ordinance would cause a proliferation of non-llcensed facilities which the Council and the State Department of Welfare has no control over. He said a limitatlon of eight occupants will not make it economlcally feasible for persons to pursue this occupation. Hr. Joseph Barthaleum, Social Worker, Veterans Administra- tion Hospital, expressed concern for people who are residents of the homes as well as the operators of the homes. He said he requested the City Planning Co~nission to consider granting a new five year lease for those hemes now in opera- tion to give them an opportku~ity to relocate or make other plans and the VA Hospital would like to request that this point be considered by Council. He said his reason for making this request is that some of the permits for these 466 h~nes ~a¥ be expiring in a short time and if that is the case, there could be difficulties in tr~lng to relocate people to conform with the Ordinance and to preserve the financial integrity of the homes. Hrs. Esther Solden, Social Worker, Catawba Hospital, expressed concern for the elderly, advising that the proposed ordinance makes it appear that the City of Roanoke is turning its back on its elderly citizens. She said her greatest concern Is that there is going to be an increase in boarding homes which are not covered by the Ordinance, that there are many boarding homes, especially in old southwest Roanoke, where the conditions are deplorable. She said the main choice Council is faced with is having the elderly in supervised situations controlled by the State on a semi-annual inspection Or having them in hoarding homes with no supervision a~d no one to check on them. In respect to the maximum number of eight occupants including staff, she noted that this provision will make it economically unfeasible for a person to operate a home for adults. She said there have been special exceptions granted through the years and the original intent was for the City to have a right to allow special exceptions and the City Planning Con~nission has gone far above the original intent of what was requested of it. In concluding, she added that the proposed amendment is not a relaxation of current provisions but will seriously hamper development of new homes for adults in the City Of Roanoke. Mr. Michael Blair, Special Assistant Attorney General re- presenting the Roanoke Regional Office of the State Depart- ment of Welfare, advised that he is most concerned that exist- ing facilities be grandfathered in so there will not be a mass closure of facilities over the next five years and he is particularly concerned about the enforcement aspect, and that the City does not end up with a situation where there is unlicensed care. He said there is a possibility that we may see more boarding home care which is not regulated care. Mr. David K. Lisk advised that he has been associated with FriendshipManor which had over 800 people seeking a place to live under the elderly housing concept. He said the nursing homes are totally filled at the present time, and there are a lot of people getting out of hospitals who need nursing home care or care for the elderly. He noted that the proposed amendment is going to prohibit the feasibility of having desirable facilities with the consent of the community and will allow more nursing ho~aes to be developed with less than four people therefor not coming under State requirements. He said there should be a minimumnumber to prohibit authorization of issuance of a special exception for less than four residents, thereby requiring those homes to come under State requirements. and further that it be construed that If two properties are adjacent to one another that they be considered as one facility under one ownership and in that way the 1,500 feet would apply before another such facility could be located. In this way, he said the Clty would keep the concept of separation, but at the same time ~ake it economically feasible to operate, keep the complexion of the neighborhood setting, and have the support of the neighbors and such a facility would also fall under State requirements. He requested that Council consider these aspects and try to come up with an Ordinance that would be workable and at the same time meet this type of approach. Mrs, George George stated that there has never been a complaint in the City of Roanoke against homes for adults. She said the controversy over the Watimka House situation prompted this matter and Council is punishing the homes for adults because of what happened with Watimka House and she feels this is definitely wrong. The Chairman of the City Planning Cormmlsslon advised that the Commission discussed the number at great length. He presented a tabulation of homes for veterans presently operated by special exception within the City of Roanoke and out of this listing of 21 homes, only six exceeds eight in number. He said it is not a matter of safety but a matter of having a small home in a residential area and placing a large number of persons in it, partieulary those on small lots, that there are certain locations within the City where nine or ten may be a suitable number, but it is a matter of interpretation, and the City Planning Co,lesion selected eight as a proper number for balance. Mr. Hubard said the Ordinance is a liberalization of the current law, that not a person present has suggested any specific amendment to the Ordinance and suggested that Council adopt the measure, make the liberalization, and invite those persona who feel oppressed by the Ordinance to communicate their feelings to the City Planning Cemraission with specific requests on how it should be changed. Mr. Garland said he would be willing to support just the waiver, but he feels the Ordinance as proposed is too restrictive and there is confusion among Council and others as to what really does apply. He said the original intent was to allow the Hoard of Zoning Appeals to grant a waiver and now the City Planning Co=~nission has come back with some other complicated matters, that he would be willing to give the Hoard of Zoning Appeals the right of waiver, but he would not support any further restrictions. 467 468 Hr. Garland offered a substitute motion that the proposed Ordinance be amended to provide the following language= "2. Hospitals, sanitariums, rest hames, convalescent homes, homes for orphans, homes for aged, provided that no such facility shall have lot area less than five (5] acres, and no building In connection with such facility shall be closer than fifty (50) feet to the lot line of any adja- cent residential property. The Board of Zoning Appeals may waive the foregoing lot area and set back require- ments and grant a special exception.' The motion was seconded by Mrs. Bowles and lost by the following vote: AYES= Co~cil members Bowles, Garland and Mayor Taylor ......... 3. NAYS: Council members Grove, Hubard, Taubman and Thomas ........4. The Mayor then requested a roll call on thc original motion relative to adoption of Ordinance NO. 23703 as an emergency measure; whereupon, the Ordinance was lost by the following vote: AYES: Council members Grove, Hubard, Taubman and Thomas ..........4. NAYS: Council members Bowles, Garland and Mayor Taylor ...........3. In view of the fact that an emergency Ordinance requires five affirmative votes of the Council, Hr. Hubard moved that Ordinance No. 23?03 be placed upon its first reading. The motion was seconded by Mr. Grove and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ..................................................... 7. NAYS: None .......................................................0. Mr. Hubard then moved that the following Ordinance be placed upon its first reading: (~23703) AN O~DINANCE to amend and reordain sub-section 2, of Special exceptions after public notice and hearings by the board of zoning appeals, of ~5.1, RS-l, P~-2, and RS-3, Single-family residential districts regulations, 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 ~ended; establishing conditions under which hospitals, sanitariums, rest homes, convalescent homes, homes for orphans, asd homes for aged may locate in RS-l, RS-2, and RS-3 districts. (For full text of Ordinance, ~ee Ordinance Book No. The motion was seconded by Mr. Grove and adopted by the following Vote: AYES: Council members Bowles, Garland, Grove, Bubard, Taubman and Thomas .....................................................................6. NAYS: Mayer Taylor .............................................. 1. The Mayor stated that his negative vote was cast because the Ordinance could have been referred back to the City Planning Commission to clear up certain complicated areas in an effort to have an Ordinance that would be acceptable to the majority of those concerned. .! -! ZONINGz Pursuant to instructions of the Council, the City Clerk set a public hearing for 7s30 pom., Honday, July 11, 1977, on the request of the City Planning Cou~aission staff that property fronting on Appleton Avenue identified as Official Tax Nos. 6360107, 6380106, 6380120, 6380208, and 6380209~ and the rear portions of two parcels of land fronting on Peters Creek Road identified as Official Tax Nos. 6380206 and 6380205, be rezoned fro~ P~-3, Single-Family Rosidential District, to C-2, General Co~ercial District, the matter was before the ~y. In this connection, the ~ity ~lannin9 Co, lesion s~mttted a v~itten ~ep~t ~ec~endin9 that th~ ~equeat be ~ant~. {Fo~ full text, see ~e~t on file In the ~ity Cie~k'm No one ~p~ting in op~ltion to the ~equest, M~. ~ho~9 ~oved that the follovin~ Ordinance be pl~ced u~n it~ ii,st {{23~04) ~ O~IN~C~ to ~end Title ~, Chapte~ 4.1, Section 2, of the Code o~ the City of Roanoke {1956], as ~ended, and Sheet NO. 638, Sectional 29~6 Zone ~p, City o~ Ro~oke, in ~elation to zoning. · he ~otion ~as seconded by ~r. ~au~an and adopted by ~ follovln~ vote: AYES: Council me~ers Bowles, Garland, Grove, Hubard, Thomas and Mayor Taylor .................................................. NAYS: None ....................................................0. ZONING: Pursuant to instructions of the Council, the City Clerk set a p~lic hearing for 7:30 p.m., Monday, July 11, 1917, om the request of Carter Webb and General Welding and Machine Company, Incor~rated, that pro~rty located at 1919 10th Street, N. W., descried as 3.076 acres, Official Tax No. 2066534; and that property located on the northerly side of the 190~ block of 10th Street, N. W., Official Tax No. 2141001, be rezoned from ~, Duplex Residential District, to ~, Light Manufacturing District, the matter was before the Zn this connection, the Mayor advised that Mr. C. Richard Cranwell, Atto~ey, representing the petitioner, had requested that the public hearing be post,ned or continued ~til the Co,oil meeting of August 8, 1977, at 7:30 p.m. The ~yor then inquired if there were persons present in op~sition to the re~est, whereu~n, ~. Paul W. Reynolds, 1015 Bunt Avenue, N. W., advised that he had not received any notice that the p~lic hearinq would not be held. The ~yor then asked Mr. Reynolds if he would like to ~ke his r~arks at that t~e or wait until the August 8~ meeting whereu~n, Mr. Reynolds agreed to hold any r~rks ~til August 8th. ~. Taub~ moved that Co~cil concur in the request of Mr. Cr~well that the p~lic hearing be post~n~ ~til Au~st 8, 1977, at 7:30 p.m. The motion was seconded by Mrs. Bowles and ~an~ously adopted. ZONING: ~rsu~t to instructions of the Co~cil, the City Clerk set a p~l~ hearing for 7:30 p.m., Monday, July 11, 1977, on the request of Mountain Trust Bank that a parcel of land containing 26 acres, more or less, situate the nor~erly side of Lee Bighway (U. S. Route 11), adjoining the l~its of the City of Sal~, OffiGial Tax No. 5200111, be rezoned fr~ RG-1, General Residential District, to ~, Light Manufacturing District, ~e matter was before ~e b~y. 469 47O Attorney, representing the petitioner, requesting that the public hearing be reset for August. 8, 1977, due to defective description in the Notice of public (Pot full text, see communication on file in the City Clerk's Office.) Mr. Taubman moved that the public hearing be reset for Monday, August 8, 1977, at 7~30 p.m. The motion was seconded by Hr. Thomas and unanimously adopted. REHAHILITATION CF2/TERS= Council having previously set a public hearing for ?t30 p.m., Ptonday, July 11, 1977, on the proposed location for a Crisis Intervention/Runaway House for the Juvenile and Domestic Relations District Court Of the 23rd Judicial Circuit, the matter was before the body. Crisis Intervention/Runaway House, Grant No. 76-A4011J. The motion was seconded by Mr. Rubard. The Mayor asked if there were persons who would like to speak in appeared before the Council: family, whose homeplace is in the 800 block of Campbell Avenue, S. W., advised that in order to protect their property, the Hubbard's called the Kaleidoscope House, that they own three houses on the of the property in that vicinity. He said these people have House and now with the pessibility of placing delinquent children in the Halfway House. He said if this facility is located at 836 Campbell Avenue it will be within 320 feet of a petition signed by 24 of the tenants in opposition to the loca- tion of the Crisis Intervention/Runaway House. Mr. C. A. Hubbard advised that his father, in 1907, purchased a home in the 800 block of Campbell Avenue and raised a large family there and he maintained that home and was a good citizen of this c~unlty until he died. Re said in order to protect the property and to afford his family the opportunity to live there, members of the family, as property be- came available, purchased it and they now ow~ eight pieces of property in the Campbell Avenue area. He said they have maintained the property, they have lived there, and they have fine tenants who are also good citizens. He said he did not believe the members of Council, after 70 years, ~ould vish for the family or tenants to be forced out of that co~aunity or have to relocate to a community that is not good for them. In concluding, he said the Kaleidoscope House is located there which is for tuveniles between the ages of 14 - 17 and is licensed by the State of Virginia Welfare Depart~nent and the Crisis Intervention Center will he only'320 feet from the Kaleidoscope House. Hrs. Lucllle Leonard, 840 Campbell Avenue, S. W., and a tenant of the Hubbard faxally, advised of the excellent conditions of the Hubbard property. She said the proposed Center will be approximately 30 feet from her homo and if this Center is located there, she will have no choice but to move. The following persons spoke in support of the Crisis Intervention/ Runaway House: Father Tom Caroluzza, representing Our Lady of Nazareth Church, advised that the Church feels this much needed service to the youth and families of the community enforces and complements the plans of the Church for its facility on Campbell Avenue. He said the parish has made a decision to relocate in Roanoke County. where 83 per cent of its members reside, but they feel strongly that the move to the County for church service should in no way diminish their longstanding ministry to the poor people who live in that section of the city. He noted for the past year they have been developing a plan to convert their Campbell Avenue facility into a residence and offices for the direct service and ministry of people in need, that along with the social ministry office, they hope to utilize the facility for a full family counseling center, a battered women's shelter and the Roanoke Neighborhood Alliance, and these plans will be effected in June, 1978. He said the Church can foresee other come,unity needs being served from that location and they are making their facility available to ell inquiries. As an immediate neighbor of the proposed Crisis Intervention Center, they welcome this effort as a reinforcement of their own dream that the real needs of people in our community might be served from this lo~ation. The choice of a residence for status offenders seems particularly ideal to them not only because of the neede4 service that will be provided by that facility but also because of the variety of compatible services which are already located nearby and will be purchased in the near future. He concluded by stating that in the past they have had a good relationship with the Halfway House and they look forward fo a similar cooperative relationship with the proposed status offenders. 471 472 Nfs. Mardy Woodward, Chairperson of the League of Women Voters System of Justice Committee, advised that the League of Women Voters is in support of the Crisis Intervention Center, that the League believes very strongly in cc~munity based services for Juveniles, especially small group homes or centers for status offenders who~ as of July 1, no longer can be placed at the Juvenile Home for longer than 72 hours. Runaways or children considered incorrigible need someplace to stay, short term counsellng and adjustment and it is the responsibility of the locality to provide such a place separate from facilities which house juvenile delinquents who have been charged with crimes. The League believes the Crisis Intervention Center will be such a place and will provide a service greatly needed in the P~anoke Valley. She said the League strongly urges Council to give its approval tonight for the Crisis Intervention Center for status offenders and it looks fo~ard to seeing this project begun i~u~ediately. Mr. George E. Franklin, Executive Director of Opportunities Industrialization Center, and a member of the Citizens' Task Force for Crime Prevention and Social Development, advised that he too is vitally interested in the revitalization of the City of Roanoke, that he can understand how the Hubbard's feel and he too is in opposition to placing the house in that neighborhood. He said we are talking about revitalizing a City which includes the rehabilitation of its young people who may have deviated from the path that we feel will lead to correct and good citizenry and we must work in that direction but we cannot do that at the expense of destroying what is already in place. He said there is a more rational way of addressing the problem and Council is having the problem now because there was no rational decision making, that the people making the recommendations come only after having looked at one site and that cannot be reasonable by any means no matter what the situation is. He suggested that Council take the position that it has not had adequate time to study the matter, that it has a concern for both the Crisis Intervention Center and the Campbell Avenue residents and if the State and Federal governments cannot wait until the matter can be resolved, then so let it he, the children will still he where they are now and the City cannot be any worse for the offering. Mr. Alton B. Prillaman, Attorney, representing the Hoard of Directors of Help, Incorporated, which owns the property under consideration appeared before Council and presented a history of the house as it currently exists, advising that regardless of the decision of Council, Help, Incorporated must make so~e other use of the Halfway House. Should the use not be for the Crisis Intervention Center, it will have to be something else, that Help, Incorporated will continue too~ the house and the Board of Directors ~ould like to maintain its residential character. He said the alternatives are, do they lease or sell the facility for commercial use and use the funds for another rehabilitative venture in the City. H~. Ta-~n stated that he does not believe any member of Council has a reservation with respect to the principal of the Crisis Intervention/Runaway House, they are in favor of such & residence and the principal Of it! however, in light of remarks made by residents, he offered a substitute motion that Mr. WllliamA. Kelley, Director of Court Services, Juvenile and Domestic Relations District Court, be in touch, first thing Tuesday morning, with officials of the Division of Justice and Crime Prevention to advise them of the city's that there is a residential and neighborhoo~ problem and there is strong opposition and that he request, on an emergency basis, an extension of at least sixty days to this funding grant and that the City Attorney be instructed to prepare the proper measure advising D.J.C.P. Of the City's continuing intense interest in this matter and formally requesting the sixty day extension to the grant. The motion was seconded by Mr. Garland. MS. Eleanor V. Dye, Group Care S~ecialist with the Division of Youth Ser- vices, Roanoke Regional Office, State Department Of Corrections, spoke in clarificaJ tlon of a remark made by Mr. Franklin relative to funding, advising that the State has cc~mitted itself to fund approximately 82 per cent of the facility and the Commonwealth of Virginia's contribution toward the funding of the facility will not disappear in any specified time length. She said we are in the second year of the legislature's appropriation for this facility, one year of funding has not been used and the legislature has questioned the State as to why they requested the money for the City of Roanoke when it has not been used. She said last year they were able to answer that question satisfactorily, but now they are being subjected to pressure which is going to make it difficult for these funds going unused in the second biennium and she expressed concern for the Council because she is not sure how long she can justify the matter. P~FDSE COLLECTION: Mr, John P. Bradshaw, Jr., President, Kiwanis Club, appeared before the body and requested that Council adopt a Resolution pledging the City's support and recognition to the Clean Valley Committee in its efforts to reduce littering in the Roanoke Valley. Mr. Grove offered the following Resolution: (123705) A P~SOLUTION in support of a 'Clean Valley Committee." (For ful! text of Resolution, see Resolution Book No. 'Mrs. Mildred Willis representing the League of Women Voters, appeared before Council and advised that the League supports this program but would urge that the Clean Valley Connnittee include a member whose interests are toward environment and conservation, one who would help to develop funds to educate and inform the community toward reducing the volume of solid waste. Mr. John P. Cone, President of the Citizens Environmental Council, also appeared before Council in support of the program and advised that the Environmental Council would like to see efforts toward recycling take place and for that reason they would like to have representation on the committee. Council requested that Mrs. Willis and Mr. Cone confer withMr. Bradshaw as to the composition of the com~ittee. 473 474 Hr. Grove moved the adoption of the Resolution. The motion was' seconded by Hr. Taub~an and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayer'Taylor .......................................... ~ ......... NAYS~ None .................................................... 0. pETITIONS AND CO~/~NICA?IONS~ HOUSINC.-SLUH-CLEARANCE~ A communication from Hr. Joseph M. Francis tendering his resignation as a member of the Fair Housing Board, was before Council. (For full text, see cc~unication on file In the City Clerk's Office.) Hr. Hubard moved that the resignation be accepted with regret. The motion w~s seconded by Hr. Taubmaa and unanimously adopted. COHPLAINTS-SE~ERS AND STORHDRAIHS: Hr. Andrew J. Payee appeared before Council and presented a petition signed by thirteen residents and property o~ners of the 1500 block of Hanover Avenue, H. W., requesting that a serious drainage problem existing on their street be corrected. (For full text, see petition on file in the City Clerk's Office.) Hr. Hubard moved that the matter be referred to the City Hanager for investigation and report to Council. The motion was seconded by Hr. Thomas and unanimously adopted. STP~EETS AND ALLEYS-HOUSING-SLUH CLEARANCE: An application from Mr. James H. Turner, Jr., Attorney, representing the City o£ Roanoke Redevelopment and Housing Authority, requesting that portions of Chestnut and McDowell Avenues between Fifth and Third Streets, the portion of Third Street between Chestnut and McDowell Avenues, and portions of certain alleyways located between Chestnut and lcDowell Avenues, be vacated, discontinued and closed, was before Council. (For full text, see application on file in the City Clerk's Office.) Mr. Grove offered the following Resolution appointing viewers: (~23706) A ~ESOLUTION providing for t_he appointment of five free- holders, any three of wh~may act, as viewers in connection with the application of the City of Roanoke Redevelopment and Housing Authority to permanently vacate, discontinue and close portions of Chestnut and McDowell Avenues between Fifth and Third Streets, the portion of Third Street between Chestnut and McDowell Avenues and portions of certain alleyways located between Chestnut and McDowell Avenues, said street and alley portions being more particularly described hereinafter; and referring the proposal to the City Planning Commission for study and recommendation (For full text of Resolution, see Resolution Hook No. Mr. Grove moved the adoption of the Resolution. The motion was seconded by Hrs. Bowles and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..................................................7. NAYS: None .................................................... 0. Mr. Grove moved that the application be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Mrs. Bowles and unanimously adopted. REPORTS OF OFFICERSt BUDGET-PUBLIC WELFAREt The City Manager submitted a written report re~uesting that all ~nexpended funds in Section JlSlO, 'Title XX Services,' be reappropriated to stated accounts for use in fiscal year 1977-78. (For full text, see report on file in the City Clerk's Office.) Hr. Uubard offered the following emergency Ordinance appropriating $5,064.0? to Protective Services to Adults, $11,413~58 to Transportation Services, $11,?10.66 to Day Care Children, $8,931.94 to Day Care Adultst $1t981,01 to E~plo~lnentt $979.13 to Family Planning and $6,393.55 to Services to Disabled Individuals under Section %1540, 'Title XX Services,' of the 1977-78 budget: (%23707) AN ORDINANCE to amend and reordain Section %1540, 'Title XX Services,' of the 1977-78 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote= AYES= Council me~bers Bowles, Garland, Grove, Hubard, Taubman, Thomas aedMayor Taylor ...................................................7. NAYS: None .....................................................0. BUDGET-PUBLIC WELFARE: The City Manager submitted a written report reco~unending that $1,069.00 be appropriated to Refund Improper Payments under Section %1537, 'Depart~nent of Human Services, Social Services,' of the 1977-78 budget, to provide funds to repay the state the amount of improper payments. (For full text, see report on file in the City Clerk's Office.) Mr. Hubard offered the following emergency Ordinance appropriating the requested funds: (%23708) AN ORDINANCE to amend and reordain Section %1537, 'Social Services,' of the 1977-78 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. N~bard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES= Council me~bers Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................ 7. NAYS: None ..................................................0. PUBLIC WELFARE: The City Manager s~bmitted a written report in connectional with reimbursements from the Social Security Administration for General Relief payments made by the City to persons applying for Supplemental Security Income benefits, recommending that all SS1 recoupment checks received by the Department of Human Services be deposited as an expense reduction to Account No. A01153761300, Miscellaneous Refunds, Department No. 1537. (For full text, see report on file 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. Grove and unanimously adopted. 475 476 BUDGET-S~RS AND STOI~4DI~AINS~ The Cl2~na~er s~tted a Wltten ~e~rt rec~endlng that $128,143.90 ~ appropriated to the Sewage T~ea~nt Pl~t ~p~sion ACCOSt to provide f~ds for final paint to contractors ~d engineers In connection with the expansion progr~. Iior full text, see re~rt on file In the City Clerk*s Office.) ~. Th~s offered the roll,lng emergency Ordinance appropriating $128~143.90 to Plant Expansion ~der Section %2405, 'Plant Expansion,' of ~e 19~-~8 budget~ (i23709) ~ O~IN~CE to ~end and reordain Section t2405~ 'Plant Expansion,' of the 19~7-78 Sewage Yrea~ent F~d Appropriation Ordinance, and providing for ~ ~ergency. {For full text of Ordinance, see Ordinance Book No. ~. Th~as moved the adoption of the Ordinance. The motion was seconded by Hr. Ta~an and adopted by the following vote~ AYES: Co~=il m~ers Bowles, Garl~d, Grove, Hubard, Ta~n, Th~as and~yor Taylor .......... J .... -- ................................... 7. NAYS= Non~ ..................................................... 0. S~ ~D STO~ D~INS: The City Hanager s~mitt~ a written report in connection with the Garden City Boulevard sanitary sewer replac~ent, reco~end- in9 authorization to execute an application from Plantation Pi~ Line Company that identifies necessary specifications which govern crossings of this nature. (For full text, see re~rt on file in the City Clerk's office.) Hr. Thomas offered the /oll~in9 ~ergency Ordinance au~orizin9 the city Hanager to enter into the agre~ent: (~23710) ~ O~IN~CE authorlzin9 and directing ~e City M~ager for and on behalf of the City, to enter into a certain agre~ent wi~ Plantation Pipe Line Company u~n certain rem and provisions~ and providing for an ~ergency. (For full text of Ordinance, see Ordinance Book No. Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: Co,oil m~ers B~les, Garland] Grove, H~ard, Tarmac, Thomas a~d Hayor Taylor .......... ~ ........................................ 7. NAYS: None .....................................................0. ~FUSE CO~ECTION: The City ~nager saitted a written re~rt reco~ending approval o[ certain changes in the present residential refuse collection Ordinance in order to impl~ent curbsida refu~e collection, said ch~ges to include {1) requir~en~ that plastic bags will ~ of a minim ~ree mil, (2) en~eration of it~ that will not be collectS, (3) establis~ent of a t~e by which the containers shall be set out for collection and also when they shall ~ r~oved from the curb, (4) establis~ent of the location where refuse must be placed in order to be collected, and (5) the est~lis~ent of a procedure to handle those households being ex~pted ira curbside collection. (For full text, see re~rt on file in the city Clerk's office.) ~. Hubard offered the ioll~in9 emergency Ordinance: (~23711) ~ OI~DINANCE maending and reordaining Chapter 3, Sanitary Regulations, Of Title XIII, Health, Of The Code of the City of Roanoke {1956). as amended, by adding new sections numbered 5.3, 5.4, 5.5, 5.6, and 5.7, providing for a method for the collection of residential garbage, refuse and other waste materials within the City, and repealing §5, pertaining to containers for garbage and refuse and the placement thereof~ 26. concerning placement of tree trimings, shrubbery, and brush cuttings for collection; and ~9, relating to placing paper, corrugated boxes, and similar material for oollection~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Hr. Garland spoke against the eurbside refuse collection and requested that Council reconsider its decision. Be said that other than the increase in real estate taxes, he knows of no other issue that has caused as much concern among the citizens. He noted that he cannot believe the savings the City Manager has estimated will ever become a reality, and another point that should not be overlooked is the fact that the City Manager is not going to be here to implement the program and any drastic change of this type should be considered by the new City Manager. He said Council should be ashamed of imposing this additional burden on the taxpayer and at the same time, within the last two years, have increased the real estate taxes by at least fifty per cent or in many instances 100 per cent or more. Be urged that Council retain the present system of refuse collection and vote against the Ordinance. Hr. Thomas stated that he does not feel the City Manager needs a legalis~ic document to give him the power he already has, that he subscribes to many of the things Mr. Garland said, but first and foremost, at the time Council agreed to this concept, it was doing so to balance the budget. He said Council has received the Ordinance enabling refuse collection at this meeting and will probably get the budget surplus figures at the next meeting, and he can think of no other way to uniformly return the surplus money to the citizens that would be more appropriate than to continue this one service. ~n summary, he said the City Manager now has the authority to do everything that is in the proposed Ordinance, it is a matter of exercising his judgment from an administrative standpoint. He said Council should wait and see what the budget surplus is and then determine if it needs to take this action. Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Tauhman and adopted by the following vote; AYES= Councll members Bowles, Grove, Hubard, Taubman and Hayer Taylor 5 NAYS: Council members Garland and Thomas ...................... 2. AIP~PORT: The City Manager submitted a written report in connection with acquisition of certain property in the vicinity of Roanoke Municipal Airport, Woodrum Field, adjacent to the MALSR Project, from Mr. and Mrs. Samuel Moore, for the sum of $32,500.00. (For full text, see report on file in the City Clerk's Office.) Hr. Bubard offered the following emergency Ordinance providing for the City's acquisition of the parcel of land: 477 47'8 (J23712) AN ORDINANCE providing for the Cltyts acquisition o£ a certain parcel of land, being Lots 16 and l?, of the Pap of BouthvtewAddltlon, in the City of Roanoke~ upon certain terms and conditlonsl providing for the removal or razing of the structure on said parcell and providing for an emergency. IFor full text of ordinance, see Ordinance Book No. Mr. Nubard moved the adoption of the Ordinance. The motion was seconded by ~Lr. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................... ?. NAYS: None .....................................................0. INSURANCE-CITY EMPLOYEES: The City Manager submitted a written report recommending favorable consideration of a proposal by Blue Cross/Blue Shield for an annual contract covering the Clty*s medical and hospital insurance program. {For full text, see report on file in the City Clerk*s Office.} Mr. Nubard moved that the City Attorney be instructed to prepare the proper measure approving the annual contract, said measure to include a yearly renewal provision at the discretion of the City Manager. The motion was seconded by Mr. Ta~bman and u~ani~ously adopted. AIRPORT= Council having previously referred to the City Manager for report and reco~unendation a report of the Airport Advisory Commission in reference to a request of P~y Dobbins Lincoln-Mercury, Incorporated, to establish automobile rental service at Roanoke Municipal Airport, Woodru~ Field, the City Manager submitted a written report advising that he agrees with the recommendation of the Airport Advisory Commission that there be four rental car agencies at the airport. The City Manager reco~ended that the present rental car agencies be bid on a certain basis as more fully set out in the report and that this procedure be referred to the Airport Advisory Co~misslon for recon~endation to Council. (For full text, see report on file in the City Clerk*s Office.} Mr. Richard F. Pence, Attorney, representing Avis Rent A Car, Natlonal Car Rental, and Budgst Rent A Car, appeared before Council in reference to the position of three of the existing rental car agencies with respect to additional o~rators, advising that his clients do not object to Ray Dobbins Lincoln Mercury being added as a car rental operator in the terminal building, but if any car rental agency is added to the four that already operate, there should he certain minimum criteria requirements which should be established, Viz: they should be required to have at least 75 cars for their protection to guarantee service to the public and to guarantee the proper kind of revenue to the City of Poanoke, there should he an affiliation with a natlonai organization to provide reservation service for those coming from out Of tow~ and wishing to ~ake reservations at the point of origin, there should be a written lease which at the present time is non-existent for any of the agencies operating at the airport and, in effect, they are operating on a month to month verbal basis by virtue of the grace of City Council. In reference to expansion of {he facilities and their income to the City, Mr. Pence noted that in addition to the item~ the City Manager listed in his report, each of the rental car agencies pay a license tax of $.55 per $100 of gross receipts, personal property tax on each automobile, city decals at the rate of $36.00 per car, and all of this adds up to a tremendous business as far as the City of Roanoke ts concerned and a large expense insofar as the operators are concerned. He said the four agencies presently operating at the airport form a minimum investment in automobiles alone of two and ~ne-half million dollars. In stmanary, Mr. Pence stated that while his clients have no objection to addi- tional operators being permitted to come into the terminal, they most strongly object to that portion of the City Manager's report dealing with bidding. He said the four agencies have been there for a long time and they ha~e been good citizens~ they have paid their taxes, they have incurred enormous expense in investment not only in automobiles but in counter space, and they feel it would be unconscionable for the city to even consider any situation whereby one of the existing agencies could be forced out of the terminal building. He noted that Council could add agencies if the space is there and if proper criteria is established but he urged that Council not imperil the very financlal existence of those agencies that are there at the present time. Mr. Hubard moved that Council concur in the recommendation of the City Manager that there be four rental oar agencies at the airport and that the questions!i of competitive bidding and whether there should be written leases for the rental car agencies be referred to the Airport Advisory Commission for study, report and recomendatien to Council. The motion was seconded by Mr. Taubman and unanimously adopted. SALE OF PROPARTY: The City Manager submitted a written report recom- mending acceptance of an offer of Evangel Foursquare Church te purchase two-city- owned lots adjacent to their property at the intersection of Jamisen Avenue and Bullitt Avenue, S. E., for $600.00 plus pgyment of closing costs. {For full text, see report on file in the City Clerk's Office.) Mr, Grove moved that Council concur in the recommendation and that the following Ordinance be placed upon its first reading: (%23713) AN ORDINANCE authorizing conveyance of certain City property consisting of a portion of Lot 9, Block 20, of the Map of Belmont Land Company and a certain parcel of land located on Bullitt Avenue, $. E., for a consideration Of $600.00; upon certain te~s and conditions. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Thomas and Mayor Taylor .............................................................. 6 NAYS: None .....................................................0. (Mr. Taubman was Out of the Council Chamber) GRANTS-PUBLIC WORKS: The City Manager submitted a written report relative+i to the Public Works Program Round 2 applications, advising that technically the applications could be approved anytime between July 15, 1977, and September 12, 1977, however, it is likely that approval will be in late August or early September,ii that sabsequent to approval, on-site labor must commence within 90 days, that plans and specifications will be completed in time for bidding and the City will be prepared to implement the projects expeditiously. (For full text, see report on file in the City Clerk's Office.) 479 48O ~ro GrOVe moved that tho report be received and filed. The motion was seconded byMro Hubard and unanimously adopted. GRANTS~PUBLIC WORKS-STREETS AND A~LZYS~ The Clty Manager submitted a written report in coD/~ection with the request of Mr. Roy W. Dalton to use a portion of E.D.A. 'Public Works Act' funds for work in the Garden City area~ transmitting the City's approach to solving the matter. (For fuel text, see report on file in the City Clerk's Office.) Mr. Bubard moved that the report be received and filed. The motion was seconded by Mr. Grove and unanimously adopted. WATER DEPARTMENT-EQ~IP}~ENT: The Clty Fh~nager submitted a written report concurring in five reports from the Bid Co~lttee regarding water meters~ water pipe, standard ground alum, liquid alum, and chlorine. (For full text, see re~ort on file in the City Clerk's office.) Mr. Bubard Offered the f0ilowing emergency Ordinance accepting the proposals Of Rockwell International, Heresy Products, Incorporated, Neptune Water Meter Company and Badger Meter, Incorporated, for fur~ishing various types of water meters for use by the City's Water Department: (%23714} AN ORDINANCE providing for the purchase of supplies of various types of water meters for use by the City's Water Department during the period of time beginning July l, 197~, and ending June 30, 1978, upon certain ter~s and provisions, by accepting certain bids made to the City; rejecting certain other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Nubard moved the adoption of the Ordinance. The motion was seconded by ~r. Grove and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................. h ................. i___7. NAYS: None .....................................................0. Mr. Grove offered the following emergency Ordinance accepting the proposal of Lynchburg Foundry Company for furnishing and supplying certain ductile iron water pipe to be used by the City's Water Department: (%23715} AN ORDINANCE accepting the proposal of Lynchburg Foundry Company for furnishing and supplying certain ductile iron water pipe to be used by the City's Water Department for the period beginning July l, 1977, and ending June 30, 19787 authorizing the proper City officials to execute the requieit( contract or purchase orders; rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. Mr. Grove moved the adoption of the Ordinance. The motion was seconded by Mr. Eubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Huhard, Taubman, Thomas and Mayor Taylor ................................................. NAYS: None .................................................... Mr. Grove offered the following emergency Ordinance accepting the proposal of Ashland Chemical Company for furnishing supplies of standard ground alum for the City's Water Department: ground alum for the City's Water Department for the perio~ beginning July l, 1977, and ending June 30, 1978, upon certain terms and provisions, by accepting a certain bid made to the City! rejecting certain other bids! and providing for an (For full text of Ordinance, see Ordinance Book No. by Mr. Garland and adopted by the following vote= Thomas and Mayor Taylor ................................................7. proposal Of Allied Chemical Corporation for furnishing supplies of llguid alum (123717) AN ORDINANCE authorizing the purchase of supplies of llquid alton for the City's sewage treatment plant for the period beginning July 1, 1977, certain bid made to the City; rejecting certain other bids; and providing for an by Mrs. Bowles and adopted by the following vote= proposal of Jones Chemical, Incorporated, for furnishing liquid chlorine to the (123718) AN ORDINANCE authorizing the purchase of supplles of liquid period beginning July 1, 1977, and ending .June 30, 1978, upon certain terms and provisions, by accepting a certain bid made to the City; rejecting certain other by Mrs. Bowles and adopted by the following vote: Thomas and Mayor Taylor ................................... i .............. 7. in the near future to discuss the position the City should take with respect to certain legislatlen having a significant ~mpaet on local governments to be introduc~ed (For full text, see report on file in the City Clerk's Office.) 481 482 Hr. Hubard~oved that Council meet as a Coemittee of the ~ole on Wednesday, ~uly 20, 197~, ~mediately following the Special Meeting at 2~00 in the Civil Defense Room to discuss the legislative matters, said meeting to be followed by a meeting of the Water Resources Comm~tteeo The motion was seconded by Hr° Than~s and unanf~nously adopted. BUDGET-SCBOOLS~ The Director of Finance submitted a written report recommending that if Council w~shes to receive a monthly financial report from the School I~oard, it should officially ~equest the Board to instruct its administra tire persoune! to comply with the request. (For full text, see report On file in the City Clerk's Office.) Mr. Thomas moved that the City Attorney be instructed to prepare the proper measure requesting the ~oanoke City School Board to furnish Council with a monthly financial report as requeste~ by the Director of Finance beginning with the month of July~ 1977. The motion was seconded by Mr. Taubman and unanimously adopted. DIRECTOR OF FINANCE: The Director of Finance submitted a written report advising of a work plan for his office for the upcoming fiscal year. (For full text, see report on file in the City Clerk's Office.} Mr. Rubard moved that the report be receiv~ and filed. The motion was seconded by Hrs. Bowles and unanimously adopted. COUNCIL= The Director Of Finance submitted a written report requesting an Executive Session with the members of Councll to discuss a persounel matter. Mr. Taubman moved that Council concur in the request. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Ta~bman, Thomas and Mayor Taylor .................................................. 7. NAYS: None ....................................................0. SCHOOLS: Pursuant to Ordinance No. 230?6, the City Clerk reported that applications for two vacancies on the Roanoke City School Board are now being received in the City Clerk's Office, that a public hearing wi1! be held on Wednesday, July 13, 1977, at ?:30 p.~., in the Council Chamber to interview all candidates, and an election to fill said vacancies will be held by the Councll on Monday, July 25, 1977. (For full text, see report on file ~n the City Clerk's Office.] Hr. Hubard moved that the report be received and filed. The motion was seconded by Hr. Grove and u~animously adopted. CITIZENS~ TASK FORCE FOR CRIHE pBEVENTION AND SOCIAL DEVELOPMENT: Hr. George E. Franklin, Co-Chairman of the Citizens~ Task Force for Crime Prevention and Social Development, appeared before Council and presented a report of the Task Force representing their efforts as they perceived the charge and recom~ending that the Task Force be continued. {For full text, see report on file in the City Clerk's Office.) Hr. Rubard moved that the report be received and filed. The motion was seconded by Hr. Taubman and unanimously adopted. SALE OF P~OPERTY~ The Water Resources Con~alttee submitted a Written report recommending that the City accept the offer of Hr. C. D. Fox, III, to donate a parcel of land located on the east end of Norfolk Avenue, S. E., to the city, being Official Tax No. 4210220. (For full text, see report on file in the City Clerk's Office.) Hr. Thomas moved that the report be received and filed and referred to the City Attorney for preparation of the proper measure. The motion was seconded by MT. Bubard and tman~ously adopted. DIP2~TOR OF FINANCE-CITyEMPLOYBBS-P~RSONNEL= The Personnel and EmploymE t Practices Commission submitted a written report requesting approval for reclassi- I fication of Senior Assistant Director of Finance to Deputy Director of Finance, and the establishment of a new classification of Chief of Billings and Collections ' within the Department of Finance. (For full text, see re~ort on file in the City Clerk's Office.) Mr. Hubard moved that the report be received, concurred in by Council and referred to the City Attorney for preparation Of the proper measure amending the Pay Plan. The motion was seconded by Mr. Grove and unanimously adopted. INTEGrATION-SEGREGATION-CITY EMPLOYEES~ The Personnel and Employment Practices Commission submitted the recommended Affirmative Action Plan for municipal employees. (For full text, see report on file in the City Clerk's Office.) Hr. Taubman moved that Council set a public hearing for 7:30 p.m., Monday, August 8, 1977, in the Council Chamber to hear comments relative to the document, and that the City Attorney be instructed to prepare the proper measure for Council's consideration approving the Affirmative Action Plan. The motion was seconded by Mr. Thomas and unanimously adopted. The Council requested that the City Manager investigate the fundamental parts of the Plan and submit his recommendation as to necessary funds for implemen-!~ tat/on of the recruitment, classification/upward mobility and training aspects of the program, and that his reco~endation be submitted to Council at its meeting on Monday, July 25, 1977. TREASURER= The City Attorney and the Director of Finance subm£tted a joint report recommending adoption of an Ordinance providing a fee for bad checks. (For full text, see report On file in the City Clerk's Office.) Mr. Hubard offered the followlng emergency Ordinance amending the City Code by adding a new section providing for a fee to be assessed against persons tendering uncollectable checks to the City of Roanoke for taxes, fees, or any Other su~s due to the City: (%23719} AN ORDINANCE amending and reordaining Chapter 9, The City Treasurer, Of Title II, Administration, of The Code of the City of P~anoke (1956), as amended, by adding a new section to be numbered S12 providing for a fee to he assessed against persons tendering uncollectable checks to the City of Roanoke for taxes, fees, Or any other sums due to the City~ and providing for an emergency. (For full text Of Ordinance, see Ordinance Book Ne. Mr. Rubard moved the adoption of the Ordinance. The motion was seconded by Mr. Taubman and adopted by the following vote= 483 484 AYES~ Council members BO~les, Garland, Grove, Nu~ard~ ?aubman, Thomas and Nayor Taylor ................ ~ ................................ NAYSt None ...................................................0o UNFINISHED BUSINESS~ pENDING ITEliS~ The City Clerk presented a list of items referred but still pending f~om April 26, 1976, to June 27, 1977. (For full text, see list on file in the City Clerk's Office.) Hr° Hubard moved that the list be received and filed with th~ deletion of an item referred to the City Attorney under date of July 12t 1976, relative to a request of the Roanoke City School Board that Council dedicate a portion of Shrine Bill Park for school purposes. The motion was seconded by Hr. Tauhman and unanimously adopted. (See City Attorney's report under date of July 11, 1977, wherein he requested that this item be removed from the pending list until such time as the City Engineer's Office has prepared a plat sho~lng the area to be dedicated, said plat awaiting the completion o[ school construction in Shrine Bill Park.) CONSIDERATION OF CLAIHS: NONE. INTRODUCTIO~ A}/D CONSIDERATION OF ORDINANCES AND HESOLUTIONS: CITY EHPLOYEES-~ORKHEN'S COMPENSATION: Ordinance No. 236?7 authorizing the City's participation in a legal challenge to the Unemployment Compensation Act of 1976, and directing the Director of Finance to provide certain infomation to the National Institute of Hunielpal Law Officers for purposes of this litigation, having previously been before the Council for its first reading, read and adopted on its first reading and laid over, was again before the body, Hr. Taubman offering the following for its second reading and final adoption: (S23677) AN ORDINANCE authorizing the City's participation in a legal challenge to the Unemployment Compensation Act of 1976, and directing the Director of Finance to provide certain information to the National Institute of Hunicipal Law Officers for purposes of this litigation. (For full text of Ordinance, see Ordinance Book Hr. Taubman moved the adoption of the Ordinance. The motion was seconded by Hrs. Bowles and adopted by the £ollowinq vote: Thomas and Hayer Taylor ............................ ~ ....... ~-~ ........... NAYS: None .....................................................0. STREET NAHES: Ordinance No. 23681 designating and fixing the name Cross Read, N. ~., to a certain street in the northwest quadrant of the City, having previously been before the Council for its first reading, read and adopted on its £irst reading and laid over, wa~ again before the body, H~s. Bowles offering the following for its second reading and final adoption: (~23681) AN ORDINANCE designating and fixing the name of Cross Road, N. ~., to a certain street in the northwest quadrant of the City. (For full text of Ordinance, see Ordinance Book No. Hrs. Bowles moved the adoption of tho Ordinance. The motion was seconded by Hr. Grove and adopted by the following vote: Thomas and Hayer Taylor ........................................ [ ........ NAYS: None ..................................................0. PARKS AND P~AYGROUNDS-SWIMMING POOLS= Ordinance No. 23686 accepting the bid of P~bert B. Stone, Sr., T/A Stone Enterprise, for certain concession privileges tO b~ exercised at the municipal swlmlng pools located In Washington Park and Fallon Park, upon certain terms and provisions, having previously been before the Council for its first reading, read and adopted on its first reading and laid over~ was again before the body, Mrs. Bowles offering the following for its second reading and final adoption= (%23686) AN ORDINANCE awarding certain concession privileges to be exercised at the municipal swimming pools located in Washington Park and Fallon Park, upon certain terms and provisions, on the basis Of a certain bid made therefor~ directing the execution of a requisite contract~ and rejecting the other bid made for the award of said privileges. (For full text of Ordinance, see Ordinance Book No. Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Hr. Taubman and adopted by the following vote= AYES= Council members Bowles, Garland, Grove, Hubard, Ta~bman, Thomas and Mayor Taylor ................................................. 7. NAYS: None- ................................................... 0. STP. BET NAMES= Council having directed the City Attorney to prepare the proper measure designating and fixing %he name Barns Avenue, N. W., to a certain street in the northwest quadrant of the City, he presented sa~el whereupon, Mr. Thomas moved that the following Ordinance be placed upon its first reading: (#23720) AN ORDINANCE designating and fixing the name Barns Avenue, N. W., to a certain street in the northwest quadrant of the City. (For full text of Ordinance, see Ordinance Book No. The motion was seconded by Mr. Taubman and adopted by the following vote: AYES: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ................................................. 7. NAYS: None ...................................................0. MOTIONS AND MISCELLANEOUS BUSINESS= COUNCIL: The Mayor requested an Executive Session with the members of Cou~cll to discuss a personnel matter. Mr. Hubard moved that Council meet in Executive Session to discuss a personnel matter. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES: Council members Bowles, Garland, Grove, Hubard, Taub~au, Thomas and Mayor Taylor .................................................. 7. NAYS= None ....................................................0. CITY CODE-COMMITTEES: The Mayor having prevlously appointed Council members Elizabeth T. Bowles, Hampton W. Thomas and William S. Hubard as Council representatives to the City Code Recodificatlon Co~mlttee, the Mayor advised that with the concurrence of Council he is appointing the Assistant City Manager and the Director of Administration and Publlc Safety as members from the administra- tion to this Committee. 485 486 WATER DEPARTHENTs Hr. Grove offered the folio~lng Resolution authorizing and directing the City Hanager to make water available to persona served by the Public Service Authority and/or Roanoke County and other public and private companies frc~ the City's ample supplies of water~ {~23721) A RESOLUTION authorizing and directing the City Manager to make available water to persons served by the Public Service Authority and/or Roanoke County and other public and private water companies from the City's ample supplies Of water. (For full text of Resolution, see Resolution Book No. Hr. Grove mov~ the adoption of thc Resolution. The motion was seconded by Hr. Taub~ao and adopted by the following vote: AYES= Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor ............................ ~ ...................... NAYS~ None .....................................................0. COUNCIL= Mr. Hubard moved that Council meet in Executive Session to discuss a real estate matter. The motion was seconded by Mr. Grove and adopted by thc following vote= AYES= Council members Bowlesm Garland, Grove, Hub~rd, Ta~bman, Thomas and Mayor Taylor ................................................... NAYS= None .................................................... 0. PENSIONS= The Mayor called to the attention of Council that the four year term of Mr. William R. Battle and the one year term of Captain H. R. Kiser as members of the Board Of Trustees, Employees~ Retirement Syste~n, expired on June 30, 1977, that Mr. Battle has declined to serve another term, and Mr. Kiscr who is representing the Police Department is to be replaced by a representative of the Sanitation Department as per Ordinance No. 22302, the Mayor called for nominations from the Sanitation Department to fill the vacancy created on the Board for a term Of ocs year ending June 30, 1978. Hr. Taubman placed in nomination the name of Mr. C. A. Tyree. There being no further nominations, Mr. Tyree was elected as a member of the Board of Trustees, Employees~ Retirement System, for a term of one year ending June 30, 1978, by the following vote= FOR MR. TYREE: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ........................................ 7. The Mayor assigned the responsibility of finding someone to fill the vacancy created by the resignation of Mr. Battle to Hr. Taubman. LIBRARIES: The Mayor advised that the three year terms of Mrs. Carol B. Dalhouse, Mrs. Lella C. Bapbey, and Mrs. Constance J. Hamlet as m~mbers of the Roanoke Public Library Board expired on June 30, 1977, and called for nominations to fill the vacancies. Mr. Taubman placed in nomination the names of Mrs. Carol B. Dalhouse, Mrs. Lelia C. Bagbey, and Hrs. Constance J. Hamlet. There being no further nominations, Mrs. Dalhouse, Mrs. Hamlet and Mrs. Bagbey were reelected as members of the Roanoke Publlc Library Board for terms of three years each ending June 30, 1980, by the following vote= FOR HRS. ~ALH(YJSE, ~. I~AGB~Y 2JID MRS. HAHIARs Cot~cil m~e~s Bovles, ~arl~d~ Gfove~ H~ard~ Ta~, Tho~a and ~yor Taylo~ .......... AI~ The ~yor advised that the te~ of ~. Claude H. Sml~ as a m~r of the Airart ~vlsory C~lssion explzed on J~e 30, 1~?~, and called for n~lnations to fill ~e vacanoy. Mr. Ta~ placed in nomination the n~e oi Hr. Claude N. There ~lng no further n~inations, Hr. Smith was reelected as a of the A~r~rt ~v~so~ Co~ission for a te~of three years ending J~e 30, 1980, by ~e foll~[ng vote~ FOR~. SMITH~ CO~C~I m~rs 2~les, Garland, Grove~ H~ard~ Ta~n, Tho~s an~ ~yor T~ylor ........................................... CELEB~TIONSI The ~yor advised that ~e one year te~ of Messrs. Carl ~drews and W~lli~ B. Poff as m~ers of the Inde~ndence B[=entennial Co~[ss~on expired on June 30, ~9~?, that Rt. ~off has ~ecllne~ to serve te~, and called for nominations to fill the vacancy. Mr. Tau~an placed in nomination the n~e of Mr. M. Carl ~drews. There being no further nom~nations, ~r. ~drews was reelected as a m~r of the Independence Bicentennial Co~[ss[on for a tenor one year ending June 30~ 19~8, by the following vote: FOR MR. ~D~S: Co~uil m~ers Bowles~ Garland, Grove, HuBard, Ta~n, Tho~s and Mayor Taylor ............................................ 7. The ~yor assigned the res~nsibil~ty of ~nding s~eone to fill the vacancy created by the resignation of Mr. Pof[ to ~5. Bowles. PE~O~EL= The Mayor adv~se~ that t~e te~ of Messrs. Bruce A. W~11~E. Burroughs and Frederick L. Bulh[n a~ m~ers of the Personne[ and ~plo~ent Practices Co~iss[on expired on J~e 30, 1977, and cal~ed for nomi- nations to fill the vacancies. W[lli~ E. Burroughs and Fr~erick L. Bulh~n. There being no further n~nat~ons, Messrs. Be~, Burroughs and Bulbin were re~lected as m~ers of the Personnel and ~lo~ent Practices Co~[ss~on for te~ of three years each ending ~une 30, 1980, by ~e following vote: FOR~SS~. B~, BU~GHS ~D BULBIN: CO~U[1 m~ers Bowles, ARTS CO~ISSION: The ~yor advised that the one year t~ of ~s. ~e P. Vest and Messrs. J~es M. Yeatts, Eri= E. Fitzpatrick, Peter Wr~den, W. L. ~[twel~ and John W. Creasy as m~rs of the Roanoke C~ty ~ts expired on J~e 30, ~9~, and called for nominations to fill the vacancies. Mr. Ta~ placed in n~[nat[on the n~es of Mrs. M~e P. Vest, and Messrs. J~es M. Yeatts, Er~c E. Fitzpatrick, W. L. ~[twell and Jo~ W. Creasy. patrick, ~itwell and Creasy were reelect~ as m~ers of the Roanoke City Arts Co~[ss~on for te~ of one year each ending J~e 30, 19~8, by the following vote: 4.87 486 WATER DEPARTHENTz Hr. Grove offered the foliowing Resolution authorizing and directing the City Manager to ~ake water available to persons served by the Public Service Authority and/or Roanoke County and other public and private companies from the City's ample supplies of waterz [%23721) A RESOLUTION authorising and directing the City Manager to make available water to persons served by the Public Service Authority and/or Roanoke County and other public and private Water companies from the City's ample supplies of water. (For full text of Resolution, see Resolution Book No. Hr. Grove mov~ the adoption Of the Resolution. The motion was seconded by Hr. Taubman ana adoptea by the following vote= AYES= Council members Bowles~ Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................ ~ ...................... NAYS~ None .....................................................0. COUNCIL= Mr. Hubard moved that Counci! meet in Executive Session to discuss a real estate matter. The motion was seconded by Mr. Grove and adopted by the following vote= AYES= Council me~bers Bowles~ Garland, Grove, Hubard, Taubman, Thomas and ~4ayor Taylor ................................................... NAYS= None .................................................... 0. PENSIONS= The Mayor called to the attention Of Council that the four year ter~of Hr. Willia~ R. Battle and the one year term of Captain H. R. Kiser as members of the Board of Trustees, Enployees' Retirement System, expired on June 30~ 1977, that Mr. Battle has declined to serve another term, and Mr. Kiser who is representing the Pollce Department is to be replaced by a representative of the Sanitation Department as per Ordinance No. 22302, the Mayor called for nominations from the Sanitation Department to fill the vacancy created on the Board for a term of one year ending June 30, 1978. Mr. Taub~n placed in nomination the name of Mr. C. A. Tyree. There being no further nominations, Mr. Tyree was elected as a me/nber of the Board Of Trustees, E~ployees' Retirement System, for a te~m of one year ending June 30, 1978, by the following vote: FOR MR. TY~E= Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ........................................ 7. The Mayor assigned the responsibility Of finding someone to f~11 the vacancy created by the resignation of Mr. Battle to Hr. Taubman. L~BRAR~ES= The Mayor advised that the three year te~-ms o~Hrs. Carol B. Dalhouse, Mrs. Lelia C. Bagbey, and Mrs. Constance J. Hamlar as members of the Roanoke Public Library Board expired on ~une 30, 1977, a~d called for nominations to fill the vacancies. Mr. Tau~ placed in nomination the names of Mrs. Carol B. Da~house, Mrs. Lelia C. Bagbey, and Mrs. Constance J. Namlaro There being no further nominations, Mrs. Dalhouse, Mrs. Namlar and Mrs. Bagbey were reelected as members of the Roanoke Publlc Library Board for t~rms of three years each ending June 30, 1980, by the followlng vote= FOR ~. ~ALHOUSE, MRS. BAGBBY AND MRS. HAM~ARI Council members Bowles, Garland, Grove, Hubard, Taubman~ Thomas and Mayor Taylor .......... AIRPORT~ The ~ayor advise~ ~ member of the Airport A~visory fOr nominations to fill the vacancy. of the Airport Advisory Co~lsslon 1980, by the following vote~ FOR MR. SMITH~ Council membe Taubman, Thomas and Mayor Taylor ....... CELEBRATIONS: The Mayor ad¥ Carl Andrews and Willia~ B. Poff as me~ Commission expired on June 30, 1977, tk term, and called for nominations to fill the vacancy. Mr. Taubman placed in nomination the name of Mr. M. Carl Andrews. There being no further nominations, Mr. Andrews was reelected as a member of the Independence Bicentennial Co~nission for a term of one year ending June 30, 1978, by the following vote: FOR MR. ANDREWS: Council members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ............................................ 7. The Mayor assigned the responsibility of finding someone to fill the vacancy created by the resignation of Mr. Poff to Mrs. Bowles. PERSONNEL: The Mayor advised that the terms of Messrs. Bruce A. Beam, WilliamE. Burroughs and Frederick L. Bulbin as mea~ere of the Personnel and Employment Practices Commission expired on June 30, 1977, and called for nomi- nations to fill the vacancies. placed in nomination the names of Messrs. Bruce A. Beam, Mr. Taubman William E. Burroughs and Frederick L. Bulbin. There being no further nominations, Messrs. Beam, Burroughs end Bulbio were reelected as members of the Personnel and Empleyment Practices Commission for terms of three years each ending June 30, 1980, by the following vote: FOR MESSRS. BEAM, BURROUGHS AND BULBIN: Council members Bowles, Garland, Grove, Bubard, Taubman, Thomas and Mayor Taylor .................... 7. ARTS COMMISSION: The Mayor advised that the one year terms of Mrs. Mamie P. Vest and Messrs. James M. Yeatts, Eric E. Fitzpatrick, Peter Wreden, W. L. Whitwell and John W. Creasy as members of the Roanoke City Arts Commission expired on June 30, 1977, and called for nominations to fill the vacancies. Mr. Taubman placed in nomination the names of Mrs. Mamie P. Vest, and Messrs. James M. Yeatts, Eric E. Fitzpatrick, W. L. Whitwell and John W. Creasy. There being no further nominations, Mrs. Vest, Messrs. Yeatts, Fitz- patrick, Whitwell and Creasy were reelected as members of the Roanoke City Arts Co~ission for terms Of one year each ending June 30, 1978, by the following vote: 4.87 NOTE: IT WAS DISCOVERED AFTER THE I~II~'UTES ~R~ APPI~OVED BY COUNCIL TIIAT }~R. C~UDE N. SMITII ~ REELECTED AS A }~IBER OF ~IE AIRPORT ADVISORY CO~9'{SSIO~ FOR A ~E~ OF FOUR Y~RS ENDIN~ JUNE 30, 1981. A CORRECT OATll OF OFFICE IS ON FILE IN ~{IE CXTY CLERk'S OFFICE. 488 FORM2S. VEST, and NESSRS. YEATTS, FITZPATRICK, WHITNELLAND CREASY: Council members Bowles, Garland, Grove, Hubard, Ta~, Thomas and Hayor Taylor ..............................................................?. HUMAN RESOUI~CES COHMITTEE: The Mayor advised that the one year terms Of Ms. Bernice F. Jones, Hiss Robbie H. Burton and Messra. Raleigh Campbell, Frank H. Msys, WllllamA. Hewitt, Stanley R. Hale and Charles W. Walker as members of the Human Resources Cc~nmlttee expired on June 30, 1977, that Mr. Hays has declined to serve another term, that the City Clerkes Office has been unable' to contact Ms. Jones to determine whether Or not she will continue to serve, and called for nominations to fill the vacancies. Mr. Tauhman placed in nomination the names of Miss Robble Burton, Messrs. Raleigh Campbell, Charles W. Walker, Btanley Hale and WilliamA. Hewitt. There being no further nominations, Hiss Burton, and Messrs. Campbell, Walker, Hale and Hewltt were reelected as members of the Human Resources Committee for tellns of one year each ending Jtnle 30w 1978, by the following vote: FOR MISS BURTON AND MESSRS. CAMPBELL, WALKER, HALE AND HEWITT: Council me~bers Bowles, Garland, Grove, Hctbardw Taubman, Thomas and Mayor Taylor ..................................................................... 7. CITIZENS~ TASK FORCE FOR CRIME pREI~A~FION AND SOCIAL DEVELOPMENT= The Mayor advised that the one year terms of Ms. Bonnie K. Lowe, Ma. Frances $. Boon, Ma. Patricia Smith and Messrs. Ronald E, Turner, Harris M. Greene, Joseph T. Coleman, Jr., H. David hooper, George E. Franklin and the Reverend Leroy C. Roberts expired on June 30, 1977, that Messrs. Turner and Coleman have declined to serve another term and Chief Hooper has not been contacted, and called for nominations to fill the vacancies. Mr. Taubman placed in nomination the names of Hs. Bonnie K. Lowe, the Reverend Leroy C. Roberts, Ms. Frances S. Boon, Hr. Harris M. Greene, Ms. Patricla Smith and Hr. George E. Franklin. There being no further nominations, Ms. bowe, Reverend Roberts, Hs. Boon, Mr. Green, ~LS. Smith and Mr. Franklln were reelected as members of the Citizens* Task Force for Crime Prevention and Social Development for terms of one year each ending June 30, 1978, by the followlng vote: FOR MS. LOWE, REVEREND ROBERTS, MS. BOON, MR. GREENE, MS. SMITH AND ~R. The Mayor assigned the res~onsibillty of finding someone to fill the L. Haeussler (Chairman Of the Fifth Planning District Co=~nission) as members of fill the vacancies. Vincent S. Wheeler, WilliamL. Myers, J. T. Hopkins and the Chairman of the F£fth There being no further nominations, Messrs. Pltzer, ~neeler, Myers, Hopkins, and the Chairman of the Fifth Planning District Commission were reelected as members of the Flood Plain Co~mittee for terms of one year each ending June 30, 1978, by the followLng votes FOR HESSRS. PITZER, WHEELER, MYERS, HOPKINS AND THE CHAIRMAN OF THE FIFTH PLANNING DISTRICT CO~I$SIONs Council members Bowles, Garland, Grove, Hubard, Taubman, Thcxaas and Mayor Taylor ................................. REGIONAL JAILs The Hayer advised that the one year terms of Mrs. Melba Plrkey and Messrs. John M. W~lson, Jr., William G. Anderson, William A. Hewitt and William R. Merritt as mel~bers of the Jal! Study Co~mittee expired on June 30, 1978, and called for nominations to fi1! the vacancies. Mr. Taubman placed tn nomination the names of Mrs. Melba Pirkey and Messrs. John M. Wilson, Jr., William G. Anderson, MilliamA. Hewitt and R. Merr£tt. There being no further nominations, Mrs. Pirkey, and Messrs. Wilson, Anderson, Hewitt and Merrltt were reelected as members of the Jail Study Committee of the City of Roanoke for terms of one year each ending June 30, 1978, by the following vote: FOR MRS. PIP-KEy, A~D RESSRS. WILSON, ANDERSON, HEWITT AND HEP~ITTs Council members Bowles, Garland, Grove, Hubard, Tat/blaan, Thomas and Mayor Taylor PA~KS AND PLAYGROU~DSs The Mayor advised that the one year ts~[~ of Mrs. James R. Alvisf Jr., and Messrs. M. Carl Andrews, Robert N. Fishburn and Charles N, Freeman as members of the Mill Hountain Development Co~;aittee expired on June 30, 1977, and called for nominations to fill the vacancies. Mr. Taubman placed in nomination the names of Mrs. James R. Alv~s, Jr., and Messrs. M. Carl Andrews, Robert N. Fishburn and Charles N. Freeman. Fishburn and Freeraa~ were reelected as me~nbers of the Mill Mountain Development Committee for terl~s of on~ year each ending June 30, 1978, by the following vote: FOR MRS. ALVIS, AND MESSRS. AND~WS, FISHEURN AND FREEMAN: Council m~mb~rs Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ..... 7. REGIONAL COURTHOUSE COM~4ITTERs The Mayor advised that the one year terms of ~essrs. T. L..Plunkett, Jr., Frank W. Rogers, Sr., an~ the President of the Roanoke Bar Association as me--rs of the Regional Courthouse expired on June 30, 1977, and called for nominations to fill the vacancies. Mr. Taubman placed in nomination the names of Messrs. T. L. Plunkett, Jr., Frank W. Rogers, Sr., and the President of the Roanoke ~ar Association. There being no further nominations, Messrs. F~unkett and ~ogers were reelected and the President of the Real, eke Bar Association was elected as me--rs of the Regional Courtheu;e Colmaittee for terms of one year each ending June 30, ~978, by the following vote: FO~MESSRS. ~LUNKETT AND ~OGERS AND THE P~ESIDENT OF TI~ ROANOKE BAR ASSOCIATIONs Co~Lnc~l members Bowles, Garland, Grove, Hubard, Taubman, Thomas and Mayor Taylor ........................................................... 7. 489 490 T~AFFICz The Mayor advised that the one year term of ~tr. Kenneth Trabue as a member of the P~anoke Traffic Code Co~aittee expired on J~e 30~ 19~7~ that,. Tr~ue.has declined to se~e another te~ whereu~n~ the re~est~ that ~e City Attorney advise the Co~c~l ~f ~ere ~s ~y need to continue ~e Roanoke Traffic C~e C~lttee ~n v~ew of the u~om~ng C~ty rectification. I~EG~TI~-SEG~TION~ The ~yor advise~ that ~e one year te~ ~s. ~bel Green, ~. Ru~derson, ~s. Otis ~den~ Miss Connie D. Smi~ and Messrs. ~rt C. Churchill~ Jr.~ Charles A. Davis~ De,is Montgome~, J~es W. Burks~ Jr., Frederick L. Bulbin and the Reverend WIllinG. Heck as m~ers of the Co~lty Relations Co~lttee expir~ on J~e 30, 1977, that ~s. Greene ~. Davis have declined to se~e another te~ and call~ for n~lnatlons to fill the vacancies. Mr. Taub~n placed in nomination the n~es of Hs. Ruth ~derson, Hrs. Otis ~den, Miss Co~ie D. Smi~ and Hessrs. Ro~rt C. Churchill, Jr., Dennis Hontg~ery, J~es W. Burks, Jr., Frederick L. Bulbin and the Reverend Willi~ G. Heck. There being no further n~lnations, Ms. ~derson, Mrs. Ogden, Miss Smith and Messrs. Churchill, ~ntgome~, Burks, Bulbin and the Reverend Heck were reelected as m~ers of the Co,unity Relations Co~ittee for te~s of one year each ending June 30, 1978, by the following vote= FOR MS. ~DE~ON, H~. ~DEN, MISS SMITH, ~D ~SS~. CHURCHILL, BU~S, BU~IN ~D T~ ~D HECK= Co, oil m~ers Bowles~ Garl~d, Grove~ Hubard, Ta~, Th~as and Mayor Taylor ............. m ............. The Mayor assigned the res~nsibility of finding someone to fill the vac~cies created by the resignations of Hrs. Greene and ~. Davis to Mr. Grove and ~s. B~les. FAIR ~ P~ICES CO~I~EE: The Hayor advised that the one year te~s of ~s. Hallie B. Albergotti, Messrs. J~es Willies, Carlton E. Saul and Theron C. Garst as m~ers of the Fair ~plo~ent Practices Co~ittee expired on J~e 30~ 1977. In view of the establis~ent of the new Personnel and ~plo~ent Practlcea Co~ission, ~. Hubard moved that the City Atto~ey be instructed to prepare th~ proper measure abolishing the Fair ~plo~ent Practices Co~ittee. The ~tion was seconded by Mr. Th~s ~d ~animously adopted. PA~S ~D P~YGRO~DS= The Mayor advised that the one year t~s of Messrs. K~per ~bblns, Joseph H. Austin, Jack H. ~dyk~ntz, Julien I. Sacks, Dan S. ~derson, B. T. Fitzpatrick, Jr., and Jo~ W. Robertson as m~ers of the Roanoke Transportation Muse~ Co~ittee expired on J~e 30, 1977. He noted ~at the ~anoke Trans~rtation Huse~ is now o~rated by ~anoke Transportation Muse~, Incorporated, ~d inquired if the Co~cil wishes to continue the Co~itteel whereu~n, ~. Hubard moved that the City Attorney be instructe~ to prepare the proper measure a~lishing the Roanoke Trans~rtation Muse~Co~ittee. The motion was second~ by Hr. Ta~n and unanimously adopted. CI?IZE~S~ BLUE EIBBON~G ~J~GE P~INGAND GOAL BETTING The ~o~ advised ~ha~ ~he one ~ea~ ~e~ of ~s. ~nd L. Breeden~ S~.~ Susan S. ~e~ Hess~s. ~. Bolling Izard~ Corbin B. Ba~ley~ Ber~ Ely~ ~nd C. Equi~ J~.~ ~enne~ L. ~ley~ G~or~e B. Car~led~e~ J~.~ J. Grange~ ~cfarl~e~ 3~s A. Ford~ David ~. Llsk~ La~ence H. H~la~ J~s B. ~e~ E. ~son~ O=.~ ~d the Chai~ of the city Plannin~ Comission as me,ers of the Citizens~ ~ng ~n~e Pla~ln~ a~d ~al Settin~ Co~lttee expired on ~une 30~ 197~ that Hr. List has declined to se~e another tem~ and called for nominations to fill the vacancies. ~. Ta~n plac~ in nomination the n~es of ~s. Re,nd L. Breeden~ Sr.~ ~s. Susan S. ~ode~ Hessr~. ~. ~111n~ Izard~ Co.bin B. Balley~ Bert Ely~ ~ond C. Equi, Jr.~ Kenneth L. Horley, George B. Cartledge, Jr.~ 3. Granger ~cfarlane~ J~es A. Ford, Lawrence H. H~lar~ 3~es B. Lee, E. Grlffi~ and the Chal~ of the City Planning Co~ission. lzard, Balley~ Ely, Equi, Motley~ Cartledge, Macfarlane, Ford, H~lar, Lee, ~dson, and the Ch~i~a~ of the City P~an~i~g Co~ission were reelected as m~ers of the Citlzens* ~ng ~nge Planning and ~al Setting Co~ittee for te~ of one year each ending J~e 30, 1978, by the following vote~ FOR H~. B~EDEN~ ~D ~. ~DE, ~D ~SS~. IZA~ BAILEY, ELY, M~LEY, CARTLE~E~ ~CFA~E, FO~, ~R, LEE, ~DSON, ~D THE C~I~ OF T~ CITY P~NING CO~ISSION: Cocci1 m~ers B~les, Garland, Grove, Hubard, Ta~man, Thomas and Mayor Taylor The ~yor assigned the res~nsibillty of finding someone to fill the cancy created by the resignation of ~r. List to Mr. Thomas. The Mayor requested that the m~ers of Co~ci1 be prepared to s~mit nominations to fill the Various vacancies at the August 8~ 1977 City Council meeting. CETA-P~ING-~I~ING P~LS: Hr. George E. Fr~klin, Executive Director~ Op~rtunities Industrlal~zation Center, ap~ared before Co,cji ~n reference to the matter of agency status on Publlc Service ~ployee money and requested that he be g~ven s~e ~dea as to when the City plans to release some of the PSE money to the Consorti~ so that private non-profit agencies can begin to utilize slots. ~. Fr~klin also s~ke in reference to the swiping p~ls in Washington Park and Fallon Park, advising that he would llke some idea as to how the City a~inistration has mov~ fo~ard to impl~ent its progr~ to defray as much of the expense of the sw~ing ~1 operations a5 ~ssible through use of f~eral f~ds and he wou~d ~ike a re~rt on the hiring ~ractices utilized at the two pools. He requested that he he furnished wi~ a res~nse to hi~ in~iries by August 8th. The Co~cll took no fo~l action on the request, although the City Manager indicated that he would supply ~. Franklin with a res~nse to questions. 491 492 There being no further business, the Hayor declared the meeting adjourned. ATTEST~ City Clerk APPROVED COUNCIL, SPECIA~EETIHG, Wednesday, July 20, 1977. The Council of the City of ~oanoke met in special meeting in the Civil Defense P~om cf the Wunicipal Building, City of Roanoke, on Wednesday, July 20, 1977, at 2100 p.m., wlth~ayor Noel C. Taylor presiding. PBESENTt Council members Elizabeth T. Bo~les, Robert A. Garland, Lucian Y. Grove, Hampton W. Thomas and Mayor Noel C. Taylor ............ 5. ABSEIiTz Council members William S. Hubard and Hicholas Taubnan ................................................................ OFFICERS BRES£HT: Mr. Wllhurn C. Dibling, Jr., City Attorneyl Hr. Joel H. Sehlanger, Director of Finance~ and Hrs. linty F. Parker, City Clerk. IHVOCATIOH: The meeting was opened with a prayer by tiayor Hoe1 C. Taylor. JUVENILE DETEHTIOH HOME-GP~SI The ~ayor advised that the purpose of the meeting was to consider a measure requesting a 60 day extension to accept an action grant of Federal funds from the Division of Justice and Crime Prevention for lundin9 of a Crisis Intervention/Runaway House for the Juvenile and Domestic Relations District Courts o£ the 23rd Judicial Circuitl whereupon, Hr. Thomas offered the following Resolution: (t23722) A RESOLUTION requesting the Division o£ Justlee and Crime Prevention to extend Action Grant Ho. 76*A4011J for funding of a Crisis Inter- vention/Runaway House until September 1, 1977. (For full text of Resolution, see P~solution Book Hr. Thomas moved the adoption of the Resolution. The motion was seconded!] by Hr. Garland and adopted by the following vote: AYES: Council members Bc~les, Garland, Grove, Thomas and Mayor Taylor ...............................................................5. HAYS: Hone ................................................. (Council members Hubard and Taubman absent) There being no further business, the Mayor declared the special meeting adjourned. ATTEST: City Clerk APPROVED Mayor 493