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HomeMy WebLinkAboutCouncil Actions 09-26-94 ""4"++1~1IIIIo', ...~.,_...",...., ~, "",.,.".""., 2. CONSENT AGENDA (APPROVED 5-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-l Minutes of the regular meetings of Council held on Monday, June 6, 1994, Monday, June 13, 1994, Monday, June 20, 1994, and Monday, June 27, 1994; and a joint informal meeting of Council and Congressman Robert W. Goodlatte held on Monday, June 20, 1994. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. C-2 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. File #15-110-132 2 ,."""""~",, ,......IlllII.iliW._,"'..,...~, n'..',,'" C-3 A communication from Mayor David A. Bowers recommending appointment of a task force to contact representatives of the theater industry to encourage development of cinemas in downtown Roanoke. RECOMMENDED ACTION: Refer to the City Manager and the Executive Director of Downtown Roanoke, Incorporated, for appointment of a task force to encourage development of cinemas in downtown Roanoke. File #207-277-450 C-4 A communication from Mayor David A. Bowers transmitting an article which appeared in the Raleigh, North Carolina, newspaper, The News & Observer, with regard to neighborhood partnerships. RECOMMENDED ACTION: Receive and file. File #488 C-5 A report of the City Manager requesting an Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the possible conveyance of a parcel of land for economic development purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the possible conveyance of a parcel of land for economic development purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. File 2-132-166-450 3 ".""""'il"~~1IIIIo1 J..,~._...~,..,..~, ""."""'1 C-6 A communication from the Roanoke City School Board requesting that a public hearing be scheduled for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard with regard to issuance of general obligation school bonds, in an amount not to exceed $4,200,000.00, for improvements and additions to Virginia Heights Elementary School and Morningside Elementary School. RECOMMENDED ACTION: Concur in request to schedule a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard. File #53-467 C-7 Qualification of the following: Daniel E. Kames as a member of the War Memorial Committee for a term ending June 30, 1995; Ruth C. Willson as a member of the Youth Services Citizen Board for a term ending May 31, 1997; Ernest S. Zulia as a member of the Roanoke Arts Commission for a term ending June 30, 1997 ; John R. Marlles as a member of the Fifth Planning District Commission for a term of three years ending June 30, 1997; Mary F. Parker as City Clerk of the City of Roanoke for a term of two years commencing October 1, 1994, and ending September 30, 1996; 4 ..........w..,_...",..,.,~. ..".,..,,_,., James D. Grisso as Director of Finance of the City of Roanoke for a term of two years commencing October 1, 1994, and ending September 30, 1996; Robert H. Bird as Municipal Auditor of the City of Roanoke for a term of two years commencing October 1, 1994, and ending September 30, 1996; and Wilburn C. Dibling, Jr., as City Attorney of the City of Roanoke for a term of two years commencing October 1, 1994, and ending September 30, 1996. RECOMMENDED ACTION: Receive and file. File #1-15-38-83-200-230-280-304-326-518 A report of the City Manager requesting that Council convene in Executive Session to discuss acquisition of real property, specifically possible acquisition of a building for use by the public, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. File #2-132-166 A report of the City Attorney requesting that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a regional contract currently in negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. File #132 5 "'~'."'"'~""'-"'.'I"-" IIIl .+ REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: a. Request of M. Rupert Cutler, Ph.D., Executive Director, Virginia's Explore Park, to present a status report on the Park, and to request immediate financial aid from the City. (5 minutes) WITHDRAWN. File #67-365 b. OTHER HEARING OF CITIZENS: None. 4. PETITIONS AND COMMUNICATIONS: a. A communication from the Roanoke City School Board recommending appropriation of funds to certain school grant accounts, as well as appropriation of $182,633.00, representing insurance proceeds to be received as a result of the winter ice storms for roof repairs; and a report of the Director of Finance concurring in the request. Adopted Budget Ordinance No. 3218()-()92694. (5-0) File #60-236-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: 1. A report with regard to development of a new Combination Inspector concept in the City's Building Department. (10 minutes) Received and filed. File #32-178-184 6 '~"''''''''''''~'''11'.'',~ __WI 11IIII ,+ , "'4"_""'~"'" ,..~.,_...,--,..",...".,,,.,.., ITEMS RECOMMENDED FOR ACTION: 2. A report recommending execution of a City-State Agreement with the Virginia Department of Transportation relating to the pedestrian bridge above Norfolk & Western Railway tracks to connect between the Hotel Roanoke/Conference Center and the Historic Market area; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32181-092694 and Resolution No. 32182-092694. (5-0) File #20-42-102-223-247 3. A report recommending formal ratification of a contract awarded to Structures and Utilities Co., Inc., for emergency repairs at the Water Pollution Control Plant; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32183-092694 and Resolution No. 32184-092694. (5-0) File #27-60 b. DIRECTOR OF FINANCE: 1. A financial report for the month of August, 1994. Received and filed. File #1-10 7 """'_,',~.'" .~-,,,,--,...~.,..,,,,..",,,,,, .' c. CITY ATTORNEY: 1. A report recommending adoption of measures amending the City Code to permit police officers to operate bicycles on sidewalks of the City in performance of their duties, and to conform requirements of the City Code which pertain to disposition of seized or unclaimed property to provisions of State law. Adopted Ordinance Nos. 32185-092694 and 32186-092694. (5-0) File #5-24-57 6. REPORTS OF COMMITIEES: a. A report of the Water Resources Committee recommending execution of a lease agreement between the City and Gar-Dam, Inc., for lease of additional office space on the second floor of 317 Campbell Avenue, S. W., for use by the Office of Commonwealth's Attorney. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 32187-092694. (5-0) File #133-373-468 b. A report of the Water Resources Committee recommending execution of a lease extension agreement between the City and Budget Rent-A- Car Systems, Inc., for lease of City-owned property located on Municipal Road, N. W. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 32188 on first reading. (5-0) File #166-373-468 8 ".',""...."~..." .. ~Mo__,~,.._,.~, .~,..,"",' c. A report of the committee appointed to tabulate bids received for providing and installing a new roof membrane at Fire Station No. 13, Appleton Avenue at Peters Creek Road, N. W., recommending award of a contract to Consolidated Industrial Roofing, Inc., in the amount of $22,435.00; and transfer of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 32189-092694 and Ordinance No. 32190-092694. (5-0) File #60-70 d. A report of the committee appointed to tabulate bids received for construction of the Roanoke City Jail Annex. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 32191-092694, Ordinance No. 32192- 092694 and Resolution No. 32193-092694. (5-0) File #58-60-123-405 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Ordinance No. 32177, on second reading, authorizing and directing the proper City officials to enter into a lease between the City of Roanoke and Electric Railway Company, Inc., for use by the City of Roanoke of certain premises located in the City, upon certain terms and conditions. Adopted Ordinance No. 32177-092694. (5-0) File #166-373-374 9 I;~;""'"'''''''"-'''''''''<r PI' __WI llII" ,+.., 1.._." -.......-...,,,'. '4"".""'~"" ... ~..._...,....",. ~" .~, ,..", ., b. A Resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section of the League. Adopted Resolution No. 32194-092694. (5-0) File #17-132 c. A Resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. Adopted Resolution No. 32195-092694. (5-0) File #132-228 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZENS: None. CERTIFICATION OF EXECUTIVE SESSION. (5-0) Adopted Ordinance No. 32196 accepting an offer to purchase a portion of real property owned by the City, described as 118 West Campbell Avenue and bearing Official Tax No. 1011512, and providing for the sale and conveyance of said property on first reading. (5-0) File #2-166 10 "...'''"''_1...................'' ..........w.._n........'.. .",..,.,,,,,.,,, ,.., CERTIFICATION OF EXECUTIVE SESSION. (5-0) Appointed the following persons: Margaret M. Grayson File #15-110-467 Virginia Western Community College Board Troy M. White City of Roanoke Transportation Safety Commission File #15-20-110 John D. Fulton, Jr. Building Maintenance Division of the City's Board of Building Code Appeals File #15-32-110 Michael A. Russell Special Events Committee and waived City residency requirement File #15-110-317 Reappointed the following persons: Melinda J. Payne File #15-110-192 Roanoke Civic Center Commission Harry F. Collins, Jr. Board of Adjustments and Appeals, Building Code File #15-32-110 Richard L. Jones File #15-110-249 Architectural Review Board 11 , ..".... ".."...'............" J..~...._...,,,.,"'..,~.,".,".,,., 241 REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL June 6, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, June 6, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members James G. Harvey, II, Delvis Q. McCadden, William White, Sr., Elizabeth T. Bowles, John S. Edwards and Mayor DavidA. Bowers----------------------------------------6. ABSENT: Council Member Howard E. Musser--------------------l. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Richard L. Elmore, Pastor, Cave spring Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BID OPENINGS MUNICIPAL BUILDING: Pursuant to notice of advertisement for bids for a new podium roof membrane for the Municipal Building, 215 Church Avenue, S. W., said bids to be received by the City Clerk until 1:30 p.m., on Monday, June 6, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, 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 Consolidated Industrial Roofing, Inc., in the amount of $27,600.00. (For full text, see bid on file in the City Clerk's Office. ) 242 ACTION: ACTION: ACTION: ACTION: Mr. Harvey moved 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 Mrs. Bowles and adopted. The Mayor appointed William White, Sr., Chairperson, William F. Clark and George C. Snead, Jr., as members of the committee. COMMONWEALTH OF VIRGINIA BUILDING: Pursuant to notice of advertisement for bids to replace wooden windows with aluminum windows at the Commonwealth Building, 210 Church Avenue, S. W., said bids to be received by the City Clerk until 1:30 p.m., on Monday, June 6, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, 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: BIDDER BASE BID American Door and Glass of Southwest Virginia JEFCO, Inc. Williams Painting and Remodeling, Inc. $107,641.00 121,095.00 150,744.00 (For full text, see bids on file Office. ) in the City Clerk's Mr. Harvey 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 Mrs. Bowles and adopted. The Mayor appointed William White, Sr., Chairperson, William F. Clark and George C. Snead, Jr., as members of the committee. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Sessions ACTION: ACTION: jllLIIliJ.ilIIui .~"',..,-.."""'".,.., 243 to discuss a matter regarding disposition of publicly held property, specifically lease of a public building, and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically the terms and conditions of a lease agreement; and to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meetings of Council held on Monday, March 7, 1994, Monday, March 14, 1994, Monday, March 21, 1994, and Monday, March 28, 1994, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowles moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Counc i 1 Members Harvey, McCadden, Whi te , Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) OATHS OF OFFICE-COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authori ties, boards, commissions and commi ttees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: 244 ACTION: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) PURCHASE/SALE OF PROPERTY-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the lease of a public building, and to discuss specific legal matters requiring the provision of legal advice by Counsel, being the terms and conditions of a lease agreement, pursuant to Sections 2.1-344 (A)(3) and 2.1-344(A)(7), Code of virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office. ) Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the lease of a public building and to discuss specific legal matters requiring the provision of legal advice by Counsel, being the terms and conditions of a lease agreement, pursuant to Section 2.1-344 (A)(3) and 2.1-344(A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Counc i 1 Members Harvey, McCadden, Whi te , Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) TAXES-ANNUAL REPORTS-CIRCUIT COURT: A communication from Mayor David A. Bowers transmitting a communication from the Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of virginia, forwarding the Annual Report of the Board of Equalization for the taxable year July 1, 1994 through June 30, 1995, was before Council. It was advised that the Board of Equalization received 68 appeals, including 18 commercial and industrial appeals and 50 residential appeals. The Board of Equalization recommended the following: ACTION: "...,'\II"....~..." ...,~...........l....'............,.,~,.""....",., 245 computer access; separate office space from the Office of Real Estate Valuation; and a room assignment no later than March 1, 1995, including a private room of appropriate size to meet with taxpayers. (For full text, see communications and Annual Report on file in the City Clerk's Office.) Mrs. Bowles moved that the communications and Annual Report be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) COMMITTEES-AMTRAK-CONSULTANTS REPORTS: A communication from Mayor David A. Bowers transmitting correspondence from Leo J. Bevon, Director, Department of Rail and Public Transportation of the Commonwealth of Virginia advising that the Department of Rail and Public Transportation will hire a consultant to conduct a study of the feasibility of implementing rail passenger service between Bristol and Washington, D. C., and between Bristol and Richmond, which is a significant step in the continuing efforts to bring AMTRAK and/or interstate rail passenger service to the Roanoke area, was before Council. The Mayor further advised that it has been requested that a representative of the City of Roanoke serve on the committee charged with the responsibility of selecting the consultant to conduct the abovedescribed study, who will be responsible for evaluating all proposals submitted, rating the proposals, participating in the interviews for the short-listed firms, and making a recommendation for selecting a firm. (For full text, see communications on file in the City Clerk's Office.) 246 ACTION: ACTION: Mrs. Bowles moved that the matter be referred to the City Manager for immediate response and appointment of a representative of the City of Roanoke. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Counc i 1 Members Harvey, McCadden, Whi te , Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) EMERGENCY SERVICES-GRANTS: A communication from Mayor David A. Bowers transmitting correspondence from the Federal Emergency Management Agency's Disaster Field Office in Richmond, Virginia, advising that the process has been partially completed regarding the City of Roanoke's Notice of Interest in applying for Federal disaster assistance; and the Disaster Survey Reports generated as a result of the application have been reviewed and those that were for eligible damage and for $1,000.00 or more have been entered into the FEMA payment system, was before Council. It was further advised that in order for the City to receive eligible funds through the Commonwealth of Virginia, it will be necessary for the City to address certain administrative requirements, which include designation of the Applicant's Agent and completion of formal application forms; that the Applicant's Agent is the person designated by City Council to administer the project and is authorized to sign official documents on behalf of the jurisdiction; and the City's project application cannot proceed beyond its present status and no funds can be distributed until such requirements are met. (For full text, see communications on file in the City Clerk's Office.) Mrs. Bowles moved that the matter be referred to the City Manager for appropriate action and/or response. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) ACTION: ACTION: ,...",. ,.",_, iLiIaUiL"tIIIIr~, .,~__'!<Il"""'''' .....'.,~,'".,' 247 HOUSING/AUTHORITY-ENTERPRISE ZONE: A report of the city Manager with regard to recommendations of The Enterprise Foundation which were presented to council last year and referred to the City Manager for study, report and recommendation, was before the body. The City Manager advised that funding for the Enterprise Foundation was provided by the City of Roanoke, the City of Salem, the County of Roanoke, the Roanoke Redevelopment and Housing Authority, the United Way and Total Action Against Poverty, and the focus of the study generally was to be the status of affordable housing in the Roanoke Valley as a whole. The City Manager submitted his comments and recommendations on each of the eight recommendations submitted by the Enterprise Foundation. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Counc i 1 Members Harvey, McCadden, Whi te , Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) A report of a member of the ending May 31, OATHS OF OFFICE-COMMITTEES-YOUTH: qualification of Marjorie S. Smithey as Youth Services Citizen Board, for a term 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) 248 ACTION: ACTION: OATHS OF PARTNERSHIP: Bethe I as Partnership November 13, OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD A report of qualification of Shirley M. a member of the Roanoke Neighborhood Steering Committee, for a term ending 1996, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of Michael Brennan as a member of the Roanoke Arts Commission to fill the unexpired term of Fletcher Nichols, resigned, ending June 30, 1996, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Counc i I Members Harvey, McCadden, Whi te , Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) OATHS OF OFFICE-COMMITTEES-PENSIONS: A report of qualification of Bernice F. Jones for a term ending June 30, 1996, and F. Wiley Hubbell for a term ending June 30, 1998, as Trustees of the City of Roanoke Pension Plan Board of Trustees, was before Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: LJII.U.,-."., .........~,...'q,,,... .....'~,""..;...." 249 Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Counc i 1 Members Harvey, McCadden, Whi te I Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: COUNCIL-DISABLED PERSONS: The Director of Public Safety, George C. Snead, Jr., advised that in compliance wi th the Americans With Disabilities Act, hearing devices were recently purchased and made available for citizens attending City Council meetings which are designed to improve the audible clarity of Council meetings for hearing impaired citizens; whereupon, he called upon the Manager of Communications, Robert J. Agnor, for a briefing. Mr. Agnor advised that a system was procured approximately eight weeks ago at a cost of $1,300.00 which takes the output of the microphones before Council Members and rather than transmitting sound to speakers, the sound goes through a FM transmitter which enables individuals wearing the devices to hear the proceedings not only in the City Council Chamber, but in other locations throughout the Municipal Building. He stated that because the devices are worn directly inside the ear and because they have volume control, persons with hearing impairments are able to hear the proceedings of Council, and explained that listening devices may be checked out in the City Clerk's Office. without objection by Council, the Mayor advised that the remarks would be received and filed. " . 250 ACTION: ITEMS RECOMMENDED FOR ACTION: BUDGET-WORKERS COMPENSATION-CITY EMPLOYEES: The City Manager submitted a written report advising that Workers' Compensation is defined as "exclusive remedy, under law, for all covered employees for compensating injuries and occupational diseases arising in the course of and within the scope of employment"; that the City is entirely self-insured for Workers' Compensation liability; that funding, in the amount of $700,000.00, has been budgeted for the current fiscal year to cover workers' compensation wage and medical payments; and these types of fringe benefits are budgeted in the non- departmental category inasmuch as annual charges for each department are difficult to accurately project. It was further advised that workers' compensation expenditures for fiscal year 1993-94 are projected to be $700,000.00, which information is based on actual expenditures through April 30, 1994, and projected expenditures for May and June 1994; and funding to cover fiscal year 1993-94 workers' compensation claims is adequate and needs to be allocated to departmental accounts from the non-departmental category. The City Manager recommended that Council authorize transfer of $700,000.00 to departmental workers' compensation accounts from the following sources: Account No. 001-004-9110-1135 (Workers' Compensation - Wages) $350,000.00 Account No. 001-004-9110-1140 (Workers' Compensation - Medical) 350,000.00 Total $700,000.00 (For full text, see report on file in the City Clerk's Office. ) Mr. White offered the following emergency budget ordinance: (#32018-060694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 133.) Mr. White moved the adoption of Ordinance No. 32018- 060694. The motion was seconded by Mr. McCadden and adopted by the following vote: ACTION: ,.."",."._., J.IIIU:L....."_L_ .'~,""~"'''','''''''''"''''''".,,''~, 251 AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (council Member Musser was absent.) BUDGET-HUMANDEVELOPMENT-FDETC-ENTERPRISE ZONE-FIRST UNION NATIONAL BANK-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the City of Roanoke, the Fifth District Employment and Training Consortium and First Union National Bank of virginia have entered into an agreement in connection with training incentive funds for jobs created or relocated by First Union in the City's Enterprise Zone for an 18 month period commencing April 1, 1993; that the City of Roanoke has identified funding for this effort and named the Consortium as the agency responsible for administration of training funds, which funds must be appropriated by Council; and Council approved the agreement at its regular meeting on Monday, March 14, 1994, pursuant to Resolution No. 31908-031494. The City Manager recommended that Council appropriate $500,000.00 to expenditure accounts to be established in the Fifth District Employment and Training Consortium fund for the training incentive agreement and increase the revenue estimate by $500,000.00. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32019-060694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 137.) Mrs. Bowles moved the adoption of Ordinance No. 32019-060694. The motion was seconded by Mr. White and adopted by the following vote: AYES: Counc i 1 Members Harvey, McCadden, Whi te , Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (council Member Musser was absent.) 252 POLICE DEPARTMENT-PARKS AND RECREATION-DRUGS/ SUBSTANCE ABUSE-GRANTS-YOUTH-SCHOOLS: The City Manager submitted a written report advising that the Roanoke City Public Schools applied for a $20,000.00 grant through the Office of the Governor for the Roanoke City DARE Camp which was held in April 1993; that the Governor awarded a modified State grant, in the amount of $20,960.00, to the Roanoke City Public Schools in May 1993; and the Roanoke City DARE Camp was successfully conducted during the summer of 1993 by the Roanoke City Police Department, with program expenses funded through Roanoke City Parks and Recreation Department accounts. It was further advised that the Virginia Grant Programs Manager has approved the recommendation of the Roanoke City Public Schools that the DARE Camp Grant funds and administration be conveyed to the City of Roanoke in order to simplify processing reimbursement of funds; and approval of Council is necessary to officially accept the DARE Camp Grant from the State and to appropriate funds for reimbursement of related expenses. The City Manager recommended that Council concur in the following actions: accept the DARE Camp Grant from the State and appropriate $20,960.00 to Youth Activities wi thin the Parks and Recreation Department General Fund budget (Account No. 001-052-7110- 2157); increase the revenue estimate in General Fund Revenue Account No. 001-020-1234-0689, in the amount of $20,960.00; and authorize the City Manager, or his designee, to execute the necessary documents with regard to the grant. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following emergency budget ordinance: (#32020-060694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 138.) ACTION: ACTION: I ,,' ,"..-Hio!....... lLllIJlL...J..~ -- .-~-,-".~...,,""',.., 253 Mr. Harvey moved the adoption of Ordinance No. 32020-060694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Counc i 1 Members Harvey, McCadden, Whi te , Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) Mr. Harvey offered the following resolution: (#32021-060694) A RESOLUTION authorizing the acceptance of a Drug Abuse Resistance Education Grant made to the City of Roanoke by the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. (For full text of Resolution, see Resolution Book No. 56, page 139.) Mr. Harvey moved the adoption of Resolution No. 32021-060694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) TAXES-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY- PLANNING-GRANTS-ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City Manager introduced the following members of the Urban Empowerment Zone and Enterprise Communities Program, and called upon the Chief of Community Planning, John R. Marlles, for a briefing in connection with the Program. Jamie Booker, President of the Joint Resident Council of the Roanoke Redevelopment and Housing Authority Martin D. Jeffrey representing Total Action Against poverty John M. stroud, Executive Director, Roanoke Regional Chamber of Commerce 254 Lawrence M. Taylor, Neighborhood Partnership Chair, Roanoke John R. Marlles, Chief of Community Planning Mr. Marlles reviewed a report advising that the Urban Empowerment Zone and Enterprise Communities Program was announced in January 1994, and is a central element of the Federal Government's community revitalization agenda; and communities selected for Enterprise Communities designation will receive the following benefits: 1. Approximately $3 million in Empowerment Zone/ Enterprise Community Social Service Block Grant funds (passed through the State) to assist in implementation of approved activities identified in the community's strategic plan. 2. Eligibility for new Tax Exempt Facility Bonds intended to serve as a tax incentive to finance purchase of business property and land within the nominated area. 3. Special consideration in competition for funding under numerous Federal programs. In many cases, special points, set-asides, or other opportunities for special consideration will be provided to designated communities. 4. Special attention from the Federal Government on working cooperatively to overcome regulatory impediments, to permit flexible use of existing Federal funds, and to meet essential mandates. 5. Automatic designation of the entire Enterprise Communi ty area as a State Enterprise Zone which offers State tax incentives to qualified business firms which locate or expand within the area, including State income tax credits, unemployment credits, credits against State franchise tax on net capital, and State sales tax refunds. It was further advised that Program requirements stipulate that interested communi ties must prepare a strategic plan for the nominated area that includes the following: (1) an overall vision for revitalization; (2) identifies how critical concerns will be addressed in a comprehensive and coordinated fashion; (3) describes how 1"""",,,,,~,,,'..I'''1o J 1II..Ill.....", .~___,...._..<t....".~, 255 governmental, non-profit and private resources will be used to implement the plan; and (4) describes how the plan will be implemented and evaluated; and the framework of the Program is embodied in the following four key principles which are the basis for the selection criteria and must be addressed thoroughly in the strategic plan: Economic Opportunity - creating jobs wi thin the community and throughout the region, expanding residents' access to jobs outside the designated area, attracting private investment and promoting self-sufficiency of area residents; Sustainable Community Development - balancing economic revitalization and community growth with environmental protection, as well as making neighborhoods safer and more livable through sound urban design; community-Based Partnerships - involving the participation of all segments of the community including the political and governmental leadership, community groups, health and social service groups, environmental groups, religious organizations, the private and non- profit sectors, centers of learning, and other community institutions; and Strategic Vision For Change the vision should identify what the community will become in the future, build on assets and coordinate a response to community needs in a comprehensive fashion, set goals and performance benchmarks for measuring progress, and establish a framework for evaluating and adjusting the plan, as needed. It was pointed out that on Monday, March 14, 1994, Council authorized the City Manager to submit a Notice of Intent to Participate in the Program to the United States Department of Housing and Urban Development and to negotiate an agreement with a professional service firm to coordinate the citizen participation process and assist with development of the strategic plan; and on Monday, April 4, 1994, Council further authorized the City Manager to execute an agreement with K. W. Poore and Associates, Inc., to provide required professional services. 256 Mr. Marlles explained that the Roanoke Enterprise Community Strategic Plan was guided by a steering commi ttee representing public housing, neighborhoods, private and non-profit sectors, and local government; that the work of developing the vision, objectives, strategies and implementation program of the strategic plan was done by an Advisory Task Force consisting of the following seven subcommittees: (1) economic development; (2) social/ human services; (3) transportation; (4) housing; (5) sustainable community development and the environment; (6) public safety and drug abuse prevention; and (7) education; and the area nominated for designation includes all or portions of the Gainsboro, Gilmer, Loudon-Melrose, Melrose-Rugby, Hurt Park, Mountain View, Old Southwest and southeast neighborhoods. It was advised that the Strategic Plan and application must be submitted to the U.S. Department of Housing and Urban Development by June 30, 1994; that inasmuch as the Commonwealth of Virginia must endorse the City's application, if Council approves the Plan, the application package must be submitted to State offices on Tuesday, June 7, 1994; and HUD has mandated that starting next Federal fiscal year, all entitlement communities will be required to undertake a similar planning process. The City Manager recommended that he be authorized to submit the City's Nomination for Federal Empowerment Zone and Enterprise Community Designation, which is a ten year strategic plan, with certain recommendations and ultimate implementation to be commensurate with both the growth in local resources and receipt of Federal and State funds, including $3 million in incentive funds. (For full text, see report on file in the City Clerk's Office.) A communication from Malcolm S. McDonald, President and Chief Operations Officer, Signet Banking Corporation, advising that Signet Banking Corporation supports the application of the City of Roanoke for Enterprise Zone designation; and the long standing commitment of Roanoke to its neighborhoods is rare among similarly sized cities and its success in integrating public, private and community resources serves as a model for other localities. In summary, he pointed out that the City has chosen a long term strategy which uses all available partners and acknowledges that long term revitalization is founded in improving the quality of life for all persons and Signet considers the City to be a valuable k.'-"'..""."."t'...I'.....~ :r~".... r. "'''._''''. __ __ ._,.,~....'..l__.......":,.""~" 257 redevelopment ally and hopes that the Enterprise Zone Program will provide the next critical step in Roanoke's vision of safe, productive and vital lives for all of its citizens. (For full text, see communication on file in the city Clerk's Office.) William E. Skeen, representing Total Action Against Poverty read a communication from E. Cabell Brand, Chair, Total Action Against poverty, advising that the Empowerment Zone/Enterprise Community Program presents the City with an exciting opportunity, not only to compete for significant dollars, but to develop a sound plan with citizen participation for the renewal and empowerment of the center core of the City. He further advised that whether or not the City is successful in the competition, it is important that the City go forward with the Enterprise Community Strategic Plan as outlined which will provide a process to enable constant update and revision as a means of tackling problems that inner cities face and to max.imize the great potential of citizens, neighborhoods and businesses. To that end, he noted that TAP has received a Federal grant, in the amount of $10,000.00, for which it will find a dollar for dollar match to contribute as start up resources for the development of the Enterprise Community/Community Development Corporation described on page 62 of the Plan as the implementing arm of the project. (For full text, see communication on file in the City Clerk's Office.) John M. stroud, President, Roanoke Regional Chamber of Commerce, and a member of the Enterprise Communities steering Committee, advised that the Urban Empowerment Zone and Enterprise Communities Program is a true grass roots, neighborhood, individual effort, and requested that the Plan be included in the City's vision and goals and that it be used daily to meet the needs of the citizens of the area to help them become self-sufficient. Jamie Booker, Resident, Lansdowne Public Housing Project and a member of the Urban Empowerment Zone and Enterprise Communities Program Steering Committee, and H. Joel Kelly, 3356 Hershberger Road, N. W., Apartment 33, appeared before Council in support of the Plan. Mr. White offered the following resolution: ". - 258 ACTION: (#32022-060694) A RESOLUTION authorizing the City Manager to submit the application for nomination for Federal Empowerment Zone and Enterprise Community Designation and to execute any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 56, page 140.) Mr. White moved the adoption of Resolution No. 32022-060694. The motion was seconded by Mr. McCadden ~d adopted by the following vote: ,. AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6 . NAYS: None---------------------------------------O. (Council Member Musser was absent.) At 2: 55 p. m., the Mayor declared the meeting in recess. At 3:05 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Musser. BUSES-GRANTS-TRANSPORTATION SAFETY: The City Manager submitted a written report transmitting copy of a report from Stephen A. Mancuso, General Manager, Valley Metro, with regard to Tri-Cities Area Metropolitan Planning Organization Transportation Management Area designation impact on Greater Roanoke Transit Company funding. Mr. Mancuso advised that Federal operation assistance provided to GRTC and to other transit systems within each State in areas between 50,000 and 200,000 in population has always been subject to the Governor 's Allocation in lieu of Federal Formula Apportionments; that technical amendment to the Federal Transit Act which was contained in the Federal Fiscal Year 1993 Appropriations Bill provided small urbanized areas with the means by which they could circumvent the Governor's Allocation, and thereby receive the amount of Federal operating assistance apportioned by formula regardless of need and without any requirement that funds be spent on transit; and accomplishing the latter required only that I, .,,,,,.,,,..,,,,,~..,,,.._ J IIIIUI1... .... .,~.",j_,_"''1'.'"_'",,",''' 259 the small urbanized area be designated as a Transportation Management Area (TMA) , with such designation being achieved upon approval by the urbanized area's Metropolitan Planning Organization and the concurrence of the Governor. Mr. Mancuso explained that in the fall of 1992, the Tri-Cities Area Metropolitan Planning Organization (TCAMPO) expressed an interest in having the Petersburg, Virginia, area designated as a TMA; that realizing that such designation would adversely impact Federal operating assistance received by other transit systems in small urbanized areas, management sent a letter.of concern to then Secretary of Transportation, John G. Milliken, who responded that the matter would be given "full consideration when and if a small urbanized area requests designation as a TMA"; that the virginia Association of Public Transit Officials (VAPTO) also considered the issue of a small urbanized area being designated as a TMA and formally adopted a resolution in opposition to any such designation; that former Governor L. Douglas Wilder took action which has since resulted in the Petersburg area being designated as a TMA; and GRTC management, the Virginia Association of Public Transit Officials and the Virginia Department of Rail and Public Transportation (VDRPT) were unaware that any such action was being considered. The Manager of Valley Metro explained that action by the city is needed if Greater Roanoke Transit Company is to have a chance of avoiding a loss of $85,739.00 in Federal operating assistance. The City Manager concurred in a recommendation of the Greater Roanoke Transit Company Board of Directors that the Roanoke City Council adopt a resolution requesting that the Governor take appropriate action to either reverse the designation of Petersburg as a Transportation Management Area, or to protect the affected transit systems from a loss in operating assistance by providing an additional amount of state operating assistance equal to the loss in Federal operating assistance. (For full text, see reports on file in the City Clerk's Office. ) Mrs. Bowles offered the following resolution: 260 ACTION: (#32023-060694) A RESOLUTION requesting the Governor of the Commonwealth of Virginia to take appropriate action to either reverse the designation of the Tri-Cities Area Metropolitan Planning Organization ( "MPO") as a Transportation Management Area ("TMA") or to provide additional state operating assistance equal to the amount lost in Federal operating assistance to other localities as a result of the Tri-Cities Area MPO designation as a TMA. (For full text of Resolution, see Resolution Book No. 56, page 141.) Mrs. Bowles moved the adoption of Resolution No. 32023-060694. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) GENERAL SERVICES-BUDGET-REFUSE COLLECTION-PUBLIC WORKS-CMERP-FLEET MAINTENANCE FUND-EQUIPMENT-RECYCLING: The City Manager submitted a written report advising that the Capi tal Maintenance and Equipment Replacement Program has identified the need for a vehicle to be used in the City's recycling program in the Solid Waste Management Department; whereupon, the City Manager recommended that Council concur in the following actions: accept the bid meeting specifications of Mid- State Equipment Co., Inc., for one new recyclables hauler, for a total cost, including performance bond, of $79,502.25; authorize funding for the purchase one mobile radio to be used for the above recommended vehicle, at a cost of $940.00; and appropriate $80,443.00 from the Capital Maintenance and Equipment Replacement Program to the Fleet Management Fund, Account No. 017- 052-2642-9010. (For full text, see report on file in the City Clerk's Office.) ACTION: ACTION: .,."""",,!...tl',*-~ J..-.rl.IiLJ....."', ___ __ ................-....__'l'IIot..'."......,',.. 261 Mr. Edwards offered the following emergency budget ordinance: (#32024-060694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 142.) Mr. Edwards moved the adoption of Ordinance No. 32024-060694. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles and Edwards-------------------------------------5. NAYS: None---------------------------------------O. (Council Member Musser was absent.) abstained from voting.) (Mayor Bowers Mr. Edwards offered the following resolution: (#32025-060694) A RESOLUTION accepting the lowest responsible bid made to the City for furnishing and delivering one recyclables hauler, authorizing the funding for the purchase of one mobile radio to be used for the recyclables hauler, and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 56, page 144.) Mr. Edwards moved the adoption of Resolution No. 32025-060694. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Counc i 1 Members Harvey, McCadden, White, Bowles and Edwards-------------------------------------5. NAYS: None---------------------------------------O. (council Member Musser was absent.) abstained from voting.) (Mayor Bowers BUDGET-CITY EMPLOYEES: The City Manager and the Director of Finance submitted a joint written report advising that personnel lapse is generated due to employee turnover and vacancies in City departments; and for the current fiscal year, salary savings of $725,000.00 are projected as a result of said vacancies. e.'-, '""""''11'"' 262 ACTION: It was further advised that in order to provide timely information to Council and to increase administrative efficiency, the status of lapse was reported quarterly to Council for the first two quarters as a Consent Agenda item; that the quarterly report presently before Council provides a budget ordinance that encompasses all quarters, eliminates the budgeted lapse amount and adjusts affected departmental operating budgets; that the first quarter net personnel lapse generated was $269,159.00, the second quarter net personnel lapse generated was $211,643.00, and the third quarter actual and the fourth quarter estimated personnel lapse generated is $244,198.00, and personnel lapse generated is in excess of the estimated savings of $725,000.00, with additional savings of $68,000.00 to be transferred to the following departments to fund operating needs: Emergency Medical Services - $35,000.00 will be transferred to temporary employee wages to cover shortages in the account due to declining volunteer participation; and Street Lighting transferred to the shortages in the increase which took adopted. $33,000.00 will be electric account to cover account due to a rate place after the budget was The City Manager and the Director of Finance recommended that Council authorize the transfer of funding from departmental accounts to Personnel Lapse, Account No. 001-002-9410-1090, as set forth on Attachment A to the report. (For full text, see report on file in the City Clerk's Office. ) Mr. Harvey offered the following emergency budget ordinance: (#32026-060694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 145.) Mr. Harvey moved the adoption of Ordinance No. 32026-060694. The motion was seconded by Mrs. Bowles and adopted by the following vote: ,..j,",..,,,,.,..,.,..,'''..I..___ . ~ IIIJILJ ~ .._ .,~____....lIi.<I,",.,.....,,, 263 AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) REPORTS OF COMMITTEES: BUDGET-COMMITTEES-SALVATION ARMY-CITIZENS SERVICES COMMITTEE: Glenn D. Radcliffe, Chairperson of the Citizens Services Committee, presented a written report on behalf of the Committee with regard to recommendations for funding of qualified agencies for fiscal year 1994- 95. It was advised that requests from 32 agencies were received, in the total amount of $598,994.00; that the budget for fiscal year 1994-95 approved by Council for the Citizens Services Committee provides for allocation of $288,075.00; and the Committee requests that $8,000.00 be designated in its budget to cover monitoring expenses. The Citizens Services Committee recommended that Bethany Hall receive payment of $20.00 per day for Roanoke City residents up to a maximum of $5,200.00; that The Salvation Army be allocated $22,700.00 and execute a contract for the provision of services to City residents under the Homeless Housing Program and/or Abused Women's Shel ter; that Uni f ied Human Transportation Systems, Inc., be allocated $22,000.00 through Valley Metro in order that Valley Metro may receive credit for providing transportation to the disabled; and that $1,800.00 be allocated to the Inner City Athletic Association through CORD. The Citizens Services Committee further recommended that Council concur in the funding of agencies in amounts indicated on a schedule attached to the report; that Council authorize the Chairperson of the Citizens Services Committee and the Director of Human Development to not authorize payment of funds to any agency until objectives, activities, and other reasonable requests of monitoring staff are submitted and accepted; that the Director of Finance be authorized to transfer $288,075.00 from the Citizens Services Committee, Account No. 001- 054-5220-3700, to new line items to be established within the budget of the Citizens Services Committee; and that 264 ACTION: the City Manager, or his designee, be authorized to negotiate a contract, in the amount of $22,700.00, with The Salvation Army for provision of services to citizens of the City under the Homeless Housing Program and/or Abused Women's Shelter. (For full text, see report on file in the City Clerk's Office. ) Mr. White offered the following emergency budget ordinance: (#32027-060694) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 150.) Mr. White moved the adoption of Ordinance No. 32027- 060694. The motion was seconded by Mr. Edwards. Mr. White expressed the opinion that all human service agencies that receive funding through the City should be included in the Citizens Services Committee funding pool and referred to at least one human service agency that receives funding from the City as a direct line item in the budget. He requested that the City Manager and the Citizens Services Committee study the matter of placing all human service agencies in this funding pool and that Council be provided with a report prior to or during 1995-96 budget study as to the City Manager's recommendation(s). The Mayor spoke in commendation of the work performed by the Citizens Services Committee, advising that it bears pointing out that the City of Roanoke provides approximately $229,000.00 to human service agencies compared to approximately one-half of that amount by other neighboring Roanoke Valley jurisdictions, and for that reason, he advised that he intended to vote against the measures appropriating funds. Ordinance No. 32027-060694 was adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles and Edwards-------------------------------------5. NAYS: Mayor Bowers-------------------------------l. (Council Member Musser was absent.) ACTION: ,..I"""_""",,,""'''~.'i'''''1 ~ -.w.J" lC..J.___ .. ~"_.LII._ ....._....__..,_....", 265 Mr. White offered the following resolution: (#32028-060694) A RESOLUTION concurring in the recommendations of the Citizens Services Committee for allocation of City funds to various nonprofit agencies. (For full text of Resolution, see Resolution Book No. 56, page 152.) Mr. White moved the adoption of Resolution No. 32028-060694. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles and Edwards-------------------------------------5. NAYS: Mayor Bowers-------------------------------1. (council Member Musser was absent.) At 3:30 p.m., the Mayor declared the meeting in recess. At 3:40 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Musser. PURCHASE/SALE OF PROPERTY-EASEMENTS-CITY MARKET- BRIDGES-CITY PROPERTY-HOUSING/AUTHORITY-HOTEL ROANOKE CONFERENCE CENTER-DOMINION TOWER-WATER RESOURCES-VIRGINIA TECH: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to acceptance of the dedication of certain areas for public right-of-way, as well as adjoining construction easements, in connection with the Pedestrian Bridge Project to connect the Hotel Roanoke Conference Center with the City Market area, from H. R. Foundation, Inc. A staff report advised that H. R. Foundation, Inc., owns the property upon which The Hotel Roanoke is located, and the City of Roanoke Redevelopment and Housing Authority owns the property upon which the Conference Center is located; that property acquisition for the Pedestrian Bridge Project is being handled by the City and the Virginia Department of Transportation (VDOT) on a fast-track basis in an effort to have the bridge open by the spring of 1995; that the Pedestrian Bridge will require the dedication of public right-of-way and temporary construction easement on the northern end of the bridge; and two deeds will be prepared which will .~ ..,......,.,., , I TTlIIIlInl..1!r 266 ACTION: allow: (1) a portion of the property owned by H. R. Foundation, Inc., to be dedicated to the City for public right-of-way and an adjoining temporary construction easement, and (2) a portion of the property owned by the City of Roanoke Redevelopment and Housing Authority to be dedicated to the City for public right-of-way and an adjoining temporary construction easement as needed for the Pedestrian Bridge Project. The Water Resources Committee recommended that Council accept the dedication of (1) a 8,483 square foot area for public right-of-way and an adjoining 10,318 square foot temporary construction easement from H. R. Foundation, Inc., and (2) a 918 square foot area for public right-of-way and an adjoining 941 square foot temporary construction easement from the City of Roanoke Redevelopment and Housing Authority for use in the Pedestrian Bridge Project. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: (#32029-060694) AN ORDINANCE authorizing the acceptance of the dedication of (1) a 8,483 square foot area for public right-of-way and an adjoining 10,318 square foot temporary construction easement from H. R. Foundation, Inc., and a 918 square foot area for public right-of-way and an adjoining 941 square foot temporary construction easement from the City of Roanoke Redevelopment and Housing Authority for use in the Pedestrian Bridge Project, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 153.) Mrs. Bowles moved the adoption of Ordinance No. 32029-060694. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) ACTION: ,,,..ln~,,,,,,,,,,,,,"".'I'._ ~...IIl.J".. ,."-_--'-- ........................_'..~'"_.., ,,', 267 PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS- EASEMENTS-CITY PROPERTY-WATER RESOURCES-STREETS AND ALLEYS: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to abandonment of sanitary sewer easements in connection with the Peters Creek Sewer Replacement Project PC-I. A staff report advised that new sanitary sewer easements are required for construction of a sanitary sewer inflow/infiltration reduction project, making certain previous easements no longer necessary; that new easements have been donated by property owners with the understanding that easements for the old sewer line will be vacated when the sewer is abandoned; that easements to be vacated are shown on plats attached to the report; and property owners include Randel E. & Laura Jean Tate, Dick A. Cook, Calvin R. Bell, Jr., Woodmen of the World, and Brice and Mary Teresa Johnston. It was further advised that construction is complete, necessary new easements have been obtained, and the old sewer line has been abandoned; and vacation of existing sewer easements must be approved by Council, which include the following Official Tax Nos.: 6120434 - 6120438, 6120443, 6140714, 6160633, 6120418 - 6120429, 6120417X, and 6120430. The Water Resources Committee recommended that Council authorize abandonment of the old sewer line and vacation of easements which have been replaced by new easements acquired by the City in connection with the construction of PC-1, Peters Creek Sewer Replacement Project. (For full text, see reports on file in the City Clerk's Office. ) Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32030) AN ORDINANCE authorizing the vacation of a portion of sanitary sewer easements across properties identified by Roanoke City Tax Nos. 6120434 - 6120438, 6120443, 6140714, 6160633, 6120418 - 6120429, 6120417X, and 6120430, in connection with the Peters Creek Sewer Replacement Project PC-1, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 154.) ,.f,,," r ,-..-".-""11"' 268 The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Counc i I Members Harvey, McCadden, Whi te , Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) ASBESTOS REMOVAL-PURCHASE/SALE OF PROPERTY-TRAFFIC- CITY PROPERTY-HOUSING/AUTHORITY-PLANNING-STREETS AND ALLEYS-VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to title transfer and relocation of a structure at 111 Wells Avenue, N. W., prior to construction of the Second Street/Gainsboro Road Project. A staff report advised that the location and major design features of the Second Street/Gainsboro Road Project were approved by Council on August 9, 1993, pursuant to Resolution No. 31622-080993; that Amendment No. 1 to the contract between the City and the Roanoke Redevelopment and Housing Authority provides for the Housing Authority to relocate the structure at Wells Avenue, N. W.; and following relocation, the Housing Authority will rehabilitate the structure as part of the Gainsboro Professional Park, with title to said property to be held by the City. It was further advised that the Housing Authority has responsibility for the project, therefore, title to the property should be transferred to the Roanoke Redevelopment and Housing Authority, which is responsible for the removal of friable asbestos as identified by the Virginia Department of Transportation asbestos study of the structure and for relocation of the structure; that a portion of the subject property is needed to construct the proposed Second Street/Gainsboro Road Street Improvement Project; that the property should be conveyed to the Housing Authority, subject to the condition that all rights-of-way and easements needed for the construction of the Second Street/Gainsboro Road Street Improvement Project will be conveyed back to the City without cost; and such conveyance will occur after the existing structure is removed from the property. ACTION: ".j,,,,.,,, '."""H........ LL.-.uiW... '.' _'.'_ ............~IIiI..'_..,... 269 The Water Resources Committee recommended that Council authorize the city Manager to execute the appropriate document(s) conveying fee simple title by special warranty deed to the property located at 111 Wells Avenue, N. W., in a form to be approved by the City Attorney, which conveyance is subject to the condition that all rights-of-way and easements needed for construction of the Second Street/Gainsboro Road Street Improvement Project shall be conveyed back to the City without cost. (For full text, see reports on file in the City Clerk's Office. ) Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32031) AN ORDINANCE authorizing the donation and conveyance of the City's interest in property identified by Roanoke City Tax No. 2012716 and commonly known as 111 Wells Avenue to the Roanoke Redevelopment and Housing Authority for relocation of the structure located on the property prior to construction of the Second Street/Gainsboro Road Project, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 155.) The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. ''''''''''\1' t 1 - f,., Ww.JInl.lr 270 ACTION: ACTION: At 3: 50 p.m., the Mayor declared the meeting in recess. At 4:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Musser. COUNCIL: With respect to the Executive Session just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Counc i I Members Harvey, McCadden, Whi te , Bowles, Edwards and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member Musser was absent.) OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that there are two vacancies on the Board of Trustees, City of Roanoke Pension Plan, created by the ineligibility of William S. Trent, Jr., to serve another term inasmuch as the position rotates between a member of the Fire Department and a member of the Police Department, and the ineligibility of L. Bane Coburn to serve another term inasmuch as he has completed three consecutive terms of office, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of David L. Viar and E. Douglas Chittum. There being no further nominations, Messrs. Viar and Chi ttum were elected as members of the Board of Trustees, City of Roanoke Pension Plan, for terms ending June 30, 1996, and June 30, 1998, respectively, by the following vote: FOR MESSRS. VIAR AND CHITTUM: Council Members Harvey, McCadden, Whi te, Bowles, Edwards and Mayor Bowers---------------------------------------6. (Council Member Musser was absent.) ACTION: ACTION: ACTION: ,,,,,.j,,~,."''''_'''.'I~. . ILl."III,I.J _'--.~__C _ --a.. &.-... -- 111.1 II .. _....'_.N'" 271 Inasmuch as Mr. Chittum is not a resident of the City of Roanoke, Mrs. Bowles moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. McCadden and adopted. OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that the three-year terms of John R. Marlles, John S. Edwards and Elizabeth T. Bowles as members of the Fifth Planning District Commission will expire on June 30, 1994, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of John R. Marlles, John S. Edwards and Elizabeth T. Bowles. There being no further nominations, Mrs. Bowles and Messrs. Marlles and Edwards were reelected as members of the Fifth Planning District Commission, for terms of three years each, ending June 30, 1997, by the following vote: FOR MRS. BOWLES AND MESSRS. MARLLES AND EDWARDS: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers-------------------------------6. (Council Member Musser was absent.) (It was later determined that Mrs. Bowles was ineligible for reappointment to the Fifth Planning District Commission inasmuch as she has served three consecutive three-year terms of office, therefore, Marsha Compton Fielder was appointed to fill the vacancy on Monday, July 25, 1994.) COUNCIL: Mr. Edwards moved that Council Member Bowles be designated as Chairperson Pro Tem to preside over the meeting of City Council scheduled for Monday, June 13, 1994, at 7:30 p.m., inasmuch as Mayor Bowers will be out of the City. The motion was seconded by Mr. McCadden and adopted. 272 There being no further business, the Mayor declared the meeting adjourned at 4:35 p.m. A P PRO V E D ATTEST: ~~ 1.~ Mary F. Parker City Clerk David A. Bowers Mayor ,,,J.....,..'..,_........t ,il'II"IIIi.l~ ,._'- .' ~.............. ........ __._....,........toI,,~ 273 REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL June 13, 1994 7:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., city of Roanoke, on Monday, June 13, 1994, at 7:30 p.m., the regular meeting hour, with Council Member Howard E. Musser presiding, pursuant to Rule 1, Reqular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., Delvis o. McCadden, James G. Harvey, II, John S. Edwards and Chairperson HowardE. Musser------------------------------------------------5. ABSENT: Council Member Elizabeth T. Bowles and Mayor David A. Bowers--------------------------------------------------2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend W. Wilson Jamison, Pastor, Community Christian Church. Corporal James E. Brabham led the presentation of colors and the Pledge of AllegJance to the Flag of the United States of America by Honor Guards of the Roanoke City Sheriff's Office, the Roanoke City Fire Department, the Roanoke City police Department and the Roanoke Emergency Medical Services Department in recognition of Flag Day 1994. COUNCIL: In the absence of Mayor Bowers, Council Member Elizabeth T. Bowles was previously designated as presiding officer for the City Council meeting to be held on Monday, June 13, 1994; however, due to illness, Council Member Bowles was unable to be present. Upon question, the City Attorney rendered the opinion that inasmuch as Council Member Howard E. Musser is the senior member of City Council, he would be the appropriate individual to convene the Council meeting; whereupon, council Member Musser inquired as to the wishes of Council regarding appointment of a presiding officer for the remainder of the meeting. 274 ACTION: ACTION: Mr. Harvey moved that Council Member John S. Edwards be appointed as Chairperson Pro Tem to preside over the remainder of the City Council meeting on Monday, June 13, 1994. The motion was seconded by Mr. White and adopted. At this point, Chairperson Pro Tem Edwards took the Chair. PUBLIC HEARINGS ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Berglund Chevrolet, Inc., that two tracts of land located on the north side of Maddock Avenue, N. E., between Williamson Road and Courtland Avenue, identified as Official Tax Nos. 3080901 and 3080902, be rezoned from RM-1, Residential Multi- Family, Low Density District, to C-2, General Commercial District, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, May 27, 1994, and Friday, June 3, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to place the two lots into a zoning classification that will permit expansion of the adjoining automobile dealership business onto the property, was before Council. The Planning Commission recommended that Council approve the request for rezoning, advising that the rezoning will be a logical extension of the adjoining C-2, General Commercial District, located to the east of the property and will place all contiguous property under one ownership wi thin the same zoning district classification; and the rezoning will be consistent with good land use principles and practice for zoning and development patterns in the area. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey moved that the following ordinance be placed upon its first reading: ,,,J.,,.,,..,..'_Ih..I.Ai.~ l . Jl'..lllil ~ .--'1.--'----_._ U""_ ~-----,_.-.~.--. .~...................,"".....,"~ 275 (#32032) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 308, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 56, page 200.) The motion was seconded by Mr. Musser. Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of his client. The Chairperson Pro-Tern inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32032 was adopted, on its first reading, by the following vote: AYES: Council Members Musser, White, Harvey, McCadden, and Chairperson Pro Tern Edwards -------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of John A. Bright and William T. Bright that two tracts of land, one located at the northwest intersection of 4th street and Mountain Avenue, S. E., and the other located at the southwest intersection of the same intersection, and identified as Official Tax Nos. 4021001 and 4020326, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, May 27, 1994, and Friday, June 3, 1994. (See publisher's affidavit on file in the City Clerk's Office. ) 276 ACTION: A report of the City Planning Commission advising that the purpose of the request for rezoning is to provide for improvement and adaption of the existing three story building into a variety of compatible uses, including mini-warehouse storage, general offices, a restaurant operation, retail uses and manufacturing and processing facilities with accessory retail sales, was before Council. The Planning Commission recommended that Council approve the request for rezoning, with the amended proffers based on the finding that the rezoning will be in keeping with the recommendation as set forth in the Comprehensive Plan; and the subject property, based upon the physical constraints of the site (size and configuration of the existing building and being located within the floodplain), is more suitable for a mixed use development than for industrial purposes. (For full text, see report on file in the City Clerk's Office. ) Mr. Musser moved that the following ordinance be placed upon its first reading: (#32033) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property wi thin the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 201.) The motion was seconded by Mr. Harvey. Donald L. Wetherington, Attorney, appeared before Council in support of the request of his clients. The Chairperson Pro-Tern inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32033 was adopted, on its first reading, by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) ,,,..!t.,,,.,....,_..., I. j 1l'._IIIJj"~ _~_I____.__ ... ~._....... . ~ -"\v-_...,_......~ 277 STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of John A. Bright and William T. Bright that a section of Mountain Avenue, S. E., bounded on the west by the right- of-way of Interstate 581 and U. S. 220, on the east by the western line of the right-of-way of 4th Street, S. E., on the south by the northern boundary of Official Tax No. 4021001, and on the north by the southern boundary of Official Tax No. 4020326, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, May 27, 1994, and Friday, June 3, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the street section requested for closure is a dead- end right-of-way that provides no access benefits to other properties or general traffic in the area; and the street section serves and provides access, parking and loading purposes of the abutting property owners (applicants) only. The Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City, receive approval of, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Disposition of the property within the vacated right-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. Retention of appropriate easements for any and all utilities that may be located within the right-of-way, together with the right of public passage for surface and subsurface installation, repair and maintenance of such utilities. ,~"",,,,_'~~'...,".h~'",, '~"'. 278 ACTION: If the above-cited conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for closure of the subject street, said ordinance shall become null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden moved that the following ordinance be placed upon its first reading: (#32034) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 202.) The motion was seconded by Mr. Musser. Donald C. Wetherington, Attorney, appeared before Council in support of the request of his clients. The Chairperson Pro-Tern inquired if there were persons present who would like to address Council with regard to the request for street closure. There being none, Ordinance No. 32034 was adopted, on its first reading, by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH- ARCHITECTURAL REVIEW BOARD-STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of the Hotel Roanoke Conference Center Commission that all of that certain public right-of-way of Wells Avenue, N. E., between the western side of Commonwealth Avenue and the eastern side of Jefferson Street, be permanently vacated, discontinued and closed, the matter was before the body. 1""010,,,,,,..,,,,__.. j. UI_.III.lJ".L '.it., _ ___~ -'-,____ _~" ,-.t1.....--~ .. ~....""'. - ,. 1I1l1 for ..llllju..,_"'''''~ 279 Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, May 27, 1994, and Friday, June 3, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that plans for widening and realignment of Second street and the closure and relocation of Wells Avenue, from Commonwealth Avenue to Jefferson street, N. E., have previously been reviewed and approved by the City Planning Commission and City Council; that realignment of Wells Avenue from its intersection with Commonwealth Avenue, to its intersection with Jefferson Street, is a necessary element of overall plans for construction and expansion of the new Conference Center and Hotel Roanoke; and the construction schedule for the new Conference Center and Hotel Roanoke expansion necessitates the timely closure and vacation of the abovedescribed section of Wells Avenue, was before Council. The Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City, receive approval of, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Disposition of the property within the vacated right-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. Dedication of provide for proposed new Avenue, N. E. land sufficient alignment of section of to the Wells Retention of appropriate easements for any and all utilities that may be located within the right-of-way, together with the right of public passage for surface and subsurface installation, repair and maintenance of such utilities. ".,,~, ,..~". m 280 ACTION: The applicant shall submit to the City and receive approval of a plan for the construction and public use of the proposed alternate roadway. The plan shall provide for any legal requirements such as dedication of a public easement over private property if the alternate roadway is to be used over an extended period of time for the routing of public traffic. The plan of roadway construction shall be reviewed and approved by the City Engineer. Any and all legal requirements related to dedication of an appropriate public easement for the routing of public traffic over private property shall be reviewed and approved as to form by the City Attorney. If the above-cited conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for closure of the subject street, said ordinance shall become null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office. ) Mr. Musser moved that the following ordinance be placed upon its first reading: (#32035) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 205.) The motion was seconded by Mr. White. The Chairperson Pro-Tern inquired if there were persons present who would like to address Council with regard to the request for street closure. There being none, Ordinance No. 32035 was adopted, on its first reading, by the following vote: AYES: Counc i I Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) ACTION: "'1"""'_04<11'_'" ~ j lLIII.II.lhJ .0--->';"'. ___.__~..~,--,--~""'''''''''''~-'---____, c .... "..-......-.. . ........,_11I....... 281 CITY CODE-ZONING: The City Clerk having advertised a public hearing for Monday, June 13, 1994" at 7:30 p.m., or as soon thereafter as the matter may be heard, on proposed amendments to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, May 27, 1994, and Friday, June 3, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the proposed amendments is to: (1) expedite the review and approval of Certificates of Appropriateness for approved construction activities in the local historic districts of the City by delegating additional authority to the Secretary of the Architectural Review Board; and (2) establish a new neighborhood design district to encourage compatible new construction in areas of the City having historic or unique architectural value, was before the Council. It was further advised that the proposed amendments are needed to address current development issues and concerns; that improving administration of the City's local historic district regulations has been an ongoing priority; and encouraging new infill development that is compatible with the City's older residential neighborhoods has been a concern for the past several years. The City Planning Commission recommended that Council approve the proposed amendments to the zoning Ordinance. (For full text, see report on file in the City Clerk's Office.) Mr. Musser moved that the following ordinance be placed upon its first reading: (#32036) AN ORDINANCE amending S36.1-641, powers qenerally, by adding new subsection (f); and S36.1-642, Review procedure, by amending subsection (a), of Division 2, Architectural Review Board, of Article VII, Administration; and creating new Subdivision G, ND, Neiqhborhood Desiqn District, to Division 5, Special District Requlations, of Article III, District Requlations, by adding new S36.1-388, Intent; S36.1-389, "~....."'","'...,.-,..,., ..~".,-,~". ~. T !~,,_"" "'II' 282 Desiqnation; S36 .1-390, Application of the district; S36.1-391, Desiqn district requlations; S36.1-392, Procedure for obtaininq a zoning permit; S36.1-393, Standards for new construction; and S36.1-394, Appeals, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, such amendments to expedite the review and approval of certificates of appropriate- ness for approval of construction activities in the historic and preservation districts and to establish a new neighborhood design district to encourage compatible new construction in areas having historic or unique architectural value. (For full text of Ordinance, see Ordinance Book No. 56, page 207.) The motion was seconded by Mr. McCadden. The Chairperson Pro-Tern inquired if there were persons present who would like to address Council with regard to the proposed amendments. There being none, Ordinance No. 32036 was adopted, on its first reading, by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) CONSENT AGENDA The Chairperson Pro-Tern advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. ELECTIONS-BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM: A communication from Mayor David A. Bowers transmitting a document entitled, "Suggested Schedule for Capi tal Improvement Program" that was prepared by the City Manager, in consultation with the City Attorney as to legal requirements, which details the sequence of activities that must take place in order that Council "to""",.._..,........ ~ J., ll.l.-.u1i1l J _tL'-'----_'_ - - --""-.---,~"..,...'...--~-, ...-----.-....... ~._-- . ......,..."'.... 283 might adopt a new capital improvement program to be primarily funded with general obligation bonds and hold a voter referendum (special election) on the issuance of bonds in connection with the November a, 1994 general election, was before the body. Because of certain legal requirements as more fully set forth in the communication, the Mayor strongly suggested that the schedule be followed closely if Council adopts a new capital improvement program, that the program be funded through the issuance of general obligation bonds, and that the issuance of such bonds be submi tted to voter approval via referendum on November a, 1994. The Mayor advised that Council's active involvement in the process will consist of the following activities: Individual introductory briefings by City staff during the week of June 27 through July 1 - these briefings will be approximately two hours in length and will be scheduled at Council's convenience by the City Manager Office. The briefings will be held in the City Manager's Conference Room. A City Council capital improvement program development workshop with City staff on Tuesday, July 5, that will begin immediately following City Council's organizational Meeting at 2:00 p.m., and continue until approximately 5:00 p.m. The meeting will be held in Room 306, Municipal North. Adoption of a resolution endorsing the projects to be included in the capital improvement program and the amount of general obligation bonds to be submitted to voter approval at City Council's regularly scheduled meeting on Monday, July 11, at 10:00 a.m. Participation in a public hearing on the issuance of bonds on Monday, August a at 7:00 p.m. After the public hearing, City Council must adopt ordinances authorizing the issuance of bonds and the holding of the special election to insure a November a, 1994 referendum. (For full text, see communication on file in the City Clerk's Office.) ,~.""-~,,",.,;,..;,,,..---".., ,.,.';.. . ~._-,- 284 ACTION: ACTION: Mr. Musser moved that Council concur in the proposed schedule of activities. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) CITY TREASURER-TAXES-COMMISSIONER OF REVENUE: A joint report of the City Manager, the Director of Finance, the Commissioner of the Revenue and the City Treasurer with regard to a review of the feasibility of receiving real estate taxes in installments, with more emphasis on changing the April 5 due date, and consideration of quarterly payments on real estate taxes, was before Council. The Committee recommended that all taxpayers be informed with their initial fiscal year 1994-95 tax bill that they may make advance installment payments on real estate taxes, which method will allow taxpayers more flexibility to accommodate their budgets, and citizens will be informed of the availability of this service with a notice to be included with the original real estate tax ticket mailing in August 1994. The Committee further recommended that April 5 is an appropriate due date for the second installment of real estate taxes; that the April 5 due date was established to allow reasonable time after the holiday season, yet before personal property taxes due date, with State and Federal tax deadlines that fall near this due date having been taken into consideration; that a majority of homeowners receive refunds from State and Federal returns and have the option to increase payroll tax deductions or increase quarterly tax payments; and it would be difficult to identify dates within the calendar year that do not coincide with other potential payment dates for the typical property owner. (For full text, see report on file in the City Clerk's Office. ) Mr. Musser moved that the report be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: ACTION: ,. '.......,.....,..,_ ~ . i J ~ 1l.1__lhJ ,,'__. L ~__._ ~'-""",_OII"","" 'c."Mo.""""'...., 285 AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (council Member Bowles and Mayor Bowers were absent.) Mr. Harvey requested that the record reflect that he voted against a previous report on the matter, and he does not concur in the report presently before the Council. OATHS OF OFFICE-COMMITTEES-YOUTH: A report of qualification of George A. McLean, III, as a member of the Youth Services Citizen Board, for a term ending May 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. Musser moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (council Member Bowles and Mayor Bowers were absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: COMMITTEES-ROANOKE ARTS COMMISSION: Mimi Hodgin, Chair of the Roanoke Arts Commission, appeared before Council and introduced members of the Roanoke Arts Commission, advising that members of the Arts Commission have varied backgrounds and represent all of the art groups in the Roanoke Valley. She stated that in the last year, the Arts Commission has clarified its mission, goals and objectives which was intended to help the Commission focus more clearly on the most important issues facing the City, and the Arts Commission is currently involved in approximately 12 projects. Linda Atkinson, Member and Historian of the Roanoke Arts Commission, highlighted certain Art Commission projects. , 'I'." .".., 286 Ms. Hodgin advised that the arts make communities more liveable and bring beauty, joy and meaning to cities, towns and counties. She requested Council's support by including the Roanoke Arts Commission in the City's building projects, and also requested assignment of a shared staff person wi thin City Government to assist the Arts Commission in working with the City Manager, the Director of Public Works and the Traffic Engineer to address the City's aesthetic and community needs in a creative, and problem solving manner. Wi thout objection by Council, the Mayor advised that the report would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-GENERAL DISTRICT COURT-COMMONWEALTH'S ATTORNEY-LEGISLATION: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, with regard to establishing a Cost Collections Unit as a part of the Roanoke City Commonwealth's Attorneys Office, was before Council. It was advised that the Commonwealth's Attorney has the responsibility to institute proceedings for the collection and satisfaction of judgements issued in Courts of the Commonwealth of virginia, pursuant to Sections 19.2-348 and 19.2-349 of the Code of Virginia (1950), as amended; that to enhance collection efforts, Section 1-26 of Chapter 994 of the 1993 Acts of Assembly authorizes the Commonwealth's Attorney and the locality to enter into a contractual agreement with the court system to establish and fund formal collection programs; that funding of the program is from costs collected and the locality shares on a 50/50 basis any revenue above expenses with the State, with no local funds required; and Robert N. Baldwin, Executive Secretary of the Virginia Supreme Court, has approved establishment of a collection program in the City of Roanoke, pursuant to a communication under date of April 25, 1994. It was further advised that in an attempt to collect judgements, the Commonwealth's Attorney's Office is forced to use secretarial staff to perform the duty as an addi tional responsibility; that while the return for this effort is good, the situation provides no opportunity to receive funding to invest in improving the collection effort; and currently the locality has no means to receive a portion of the State fines and costs assessed and collected. ,."......_1I1....1Ii."" " . ; J U'-..ul~ '. , __ _ i. ...--..-. . ..... ............"'" 287 The Commonwealth's Attorney recommended that Council authorize execution of a contract between the Roanoke City General District Court and the Roanoke City Commonwealth's Attorney; authorize the City Manager to execute all appropriate documents; and authorize the following budget for the Cost Collections Unit of the Commonwealth's Attorney's Office to accounts to be established by the Director of Finance: Expenses Total Expenses $25,000.00 1,920.00 3,080.00 1,912.00 2,220.00 96.00 164.00 5,000.00* 500.00 200.00 200.00 9,200.00* 3,500.00* 4,000.00* 12,000.00 $68,992.00 Salaries Temporary Wages City Retirement Employer FICA Hospitalization Insurance Dental Insurance Life Insurance Telephones Administrative Supplies Internal Services - CIS Management Services (copies) Expendable Equipment Furniture and Equipment Computer Software Rent * Start up expenses - After initial start up expenses, it is estimated that the annual budget for the program will be approximately $50,000.00. Estimated Revenues Court Judgement Collection Fees $68,992.00 A report of the City Manager concurring in the above recommendation, was also before Council (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32037-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 156.) ..;,...",j_~~"'"I"""~,,,_,,".lC''''r 288 ACTION: ACTION: Mr. White moved the adoption of Ordinance No. 32037- 061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) Mr. White offered the following resolution: (#32038-061394) A RESOLUTION authorizing the execution of a contract between the City of Roanoke, the Clerk of the Roanoke General District Court and the Commonwealth's Attorney for the City of Roanoke to provide for the establishment of a cost collection program. (For full text of Resolution, see Resolution Book No. 56, page 157.) Mr. White moved the adoption of Resolution No. 32038-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Grant No. 6236 $158,000.00 for the 1994-95 Chapter II Program to provide funds for improvement of instructional services in the school district. The Program will be reimbursed by Federal funds in the amount of $114,361.00, with a local match of $43,639.00. ,,'............11....-..1. ... , .1.~.lLI_IJ :I..Lt..-'-'--'-----_"'----"""'.'...'.......~.., Grant No. 6304 Grant No. 6305 Grant No. 6445 Grant No. 6511 Grant No. 6520 __' '"- L ._--,.- . t ......,........,.... 289 $876,795.00 for the 1994-95 Governor's School Program to provide instruction in science and math to high school students. The Program will be supported by State funds in the amount of $340,955.00, a local match of $304,040.00, and $231,800.00 from tuition collected from participating school districts. $141,978.00 for the 1994-95 Family ERA program to provide for a family-school partnership to promote family education and student readiness and achievement. The Program is 100 per cent reimbursed by Federal funds. $76,763.00 for the 1994 Summer Youth Employment Program to provide training and hands-on experience for building trades students. The Program will be 100 per cent reimbursed by Federal funds. $37,432.00 for the 1993-94 Flow Through Program to provide aid for the education and guidance of handicapped students. The Program will be reimbursed 100 per cent by State and Federal funds. $860,000.00 for the 1994-95 Flow Through Program to provide aid for the education and guidance of handicapped students. The Program will be 100 per cent reimbursed by state and Federal funds. 290 Grant No. 6767 Grant No. 6768 Grant No. 6769 $119,970.00 for the 1994-95 Adult Basic Education Program to provide funds for the education of adults who have not completed high school. The Program will be reimbursed by Federal funds in the amount of $97,370.00, with a local match of $22,600.00. $167,567.00 for the 1994-95 Apprenticeship Program to provide on-the-job and classroom vocational instruction for students in the apprenticeship program. Revenue will be provided by State funds and fees paid by participants. $318,535.00 for the 1994-95 Perkins Act Program to provide funds for vocational instructors and equipment. The Program will be 100 per cent reimbursed by Federal funds. A report of the Director of Finance advising that the grants are funded with Federal and State funds and fees; that in addition to these funding sources, Chapter II, Governor's School and Adult Basic Education grants require local match, for a total of $370,279.00, which funds are available in the following accounts, was also before the body. Chapter II: Retirement-VSRS (030-060-6001-6000-0202) $ 43,639.00 Governor's School: Tuition In-State (030-060-6001-6346-0382) Matching Funds (030-060-6007-6998-0588 $243,980.00 60,000.00 Adult Basic Education: Matching Funds (030-060-6001-6450-0588) $ 22,600.00 ACTION: "..'........_1 In. .._~ ~ ,~,' -,.--,.,....._.....~ I .......IIIJ.tIII.. . . _.............~. 291 The Director of Finance recommended that Council concur in the request of the School Board. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32039-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 158.) Mr. White moved the adoption of Ordinance No. 32039- 061394. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: WATER RESOURCES-SEWERS AND STORM DRAINS-CITY CHARTER: Kit B. Kiser, Director, Utilities and Operations, presented a written report on behalf of the City Manager with regard to a 30-inch sewage line leak within the basement wall of the Water Pollution Control Plant, advising that approximately six months ago, a 90- foot run of 48-inch sewer as it passed underground and passed through two structural wall sections was repaired; that recently, a 30-inch cast iron raw sewage pump discharge line began leaking within a basement wall section; that repairs to the line will entail cutting out a section of the line outside the wall, installing a blind flange, applying plastic coating to the damaged section, followed by installation of a spool piece section to put the pump and line back in service; that work was initiated under the emergency work provisions of 292 the City Code due to the possibility of the section of line completely failing (rupturing) rather than just leaking, at an estimated cost of $20,000.00 - $25,000.00; and a detailed report will be provided to Council upon completion of repairs. (For full text, see report on file in the City Clerk's Office. ) Without objection by Council, the Chairperson Pro- Tern advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: CITY CODE-SIDEWALK/CURB AND GUTTER-DOWNTOWN ROANOKE, INCORPORATED-STREETS AND ALLEYS: The City Manager submitted a written report advising that Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, includes provisions regulating obstructions to public streets, alleys, sidewalks, and gutters of the City; and sidewalk sales are permitted in the Downtown Service District under limited circumstances as approved by Council in 1989. It was further advised that Downtown Roanoke, Incorporated, on behalf of downtown restauranteurs, has requested permission to allow sidewalk tables and chairs on which to serve food and non-alcoholic beverages, with key provisions of the request to include the following: applications will be made through Downtown Roanoke, Incorporated; tables and chairs will be located in an extending no more than three feet adjoining restaurants, and leave no less three feet of unobstructed area pedestrians; area from than for furniture design will be approved by Downtown Roanoke, Incorporated; ". at the end of the business day, all sidewalk furni ture will be removed from the public sidewalk or securely chained to the adjoining building; no alcoholic beverages will be served; and trash will be frequently monitored and removed from the area. "",..w....-,........ ~ w I J llL'_IJ... .C ~"',"~Ilti,_......"-,.,_~___.._.._ __ J.. ...._-,,- I lIllilIlU............U 293 The city Manager recommended that Council authorize tables and chairs to be located in the Downtown Service District, pursuant to the following terms and conditions: the entire area occupied by such street furni ture may extend no further than three feet from the adjoining building and in no case shall remaining unobstructed sidewalk width be less than five feet between such furni ture and any other permanent sidewalk amenity such as street trees, trash receptacles, benches, street light standards, or traffic control devices; all sidewalk furniture must be removed from the public right-of-way each day after business hours, or secured; no furniture shall be anchored to the public sidewalk; the City reserves the right to approve the design of all street furniture; no alcoholic beverages shall be served or consumed on the public right-of-way; the permittee shall indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, injuries, or damages to persons or property which may result from the location of such street furniture; the permittee shall present evidence of public liability insurance in an amount established by the City's Risk Management Officer; the permittee shall frequently monitor the area for garbage, trash, refuse, other waste materials, and adequate sidewalk clearance; and the City Manager shall be promulgate such other rules appropriate to implementing public sidewalks. authorized to and procedures such use of the (For full text, see report on file in the City Clerk's Office. ) Mr. White offered the following emergency ordinance: '~k''''''~''~. ,...~" r ,~ """,, 294 ACTION: (#32040-061394) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 30-9.1, Sidewalk obstructions, to delegate to the City Manager the authority to issue permits for moveable sidewalk obstructions, under certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 165.) Mr. White moved the adoption of Ordinance No. 32040- 061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) WATER RESOURCES: The City Manager submitted a written report with regard to Change Order No. 5 to the contract with Crowder Construction Company for Carvins Cove Filter Plant Improvements - Phase II, in the amount of $84,769.55, for a total contract amount, including Change Order No.5 of $13,748,339.33, advising that the following changes require the approval of Council: leak repairs and other work around two 30" pipe sleeves at the west end of the filter building $17,625.00 replace four 20" valves at the existing aeration basins 17,784.12 additional 16" butterfly valve at the new backwash water storage reservoir 5,000.00 continuous chlorine residual monitoring system 29,250.22 replace aluminum toe boards on existing walkways at basin handrails 15,110.21 Total Amount of Change order No.5 $84,769.55 The City Manager recommended that he be authorized to issue Change Order No. 5 to the contract with Crowder Construction Company, in the amount of $84,769.55, and zero consecutive calendar days additional construction ACTION: ,.. ,."...w..._. ~ i iJ~alJ_LJ .,u~ _------'-"..-"-''''"...01;,..........'''>' _"_' 1. .----- . . - -............. 295 time; that the total contract amount of $13,663,569.78 will not change; and the contract allowance for repair/ replacement will be reduced by the sum of $84,769.55. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#32041-061394) AN ORDINANCE approving the City Manager's issuance of Change Order No. 5 to the City's contract wi th Crowder Construction Company, in connection with Carvins Cove Filter Plant Improvements - Phase I; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 167.) Mr. White moved the adoption of Ordinance No. 32041- 061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (council Member Bowles and Mayor Bowers were absent.) LEGISLATION-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY-WATER RESOURCES-RECYCLING: The City Manager submitted a written report transmitting a communication from Robert W. Benninger, Chairperson, Roanoke Valley Resource Authority, requesting that Council support Federal legislation that would enable local option to control the end destination of solid waste originating from the City limits. The City Manager requested that Council adopt a measure signifying the Council's support of Federal Bill 1634 and similar legislation that would specifically authorize solid waste flow control, and that copy of said measure be forwarded to the City's Federal elected representatives. (For full text, see report and communication on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: ....~.~......,.,'..,.,... ,',"'.."'._.........,.....h..._ ..., ......"".. _~_"m' . ~ 1 .., 'II' 11' ......... -"", 296 ACTION: (#32042-061394) A RESOLUTION supporting United States Senate Bill 1634 authorizing local governments to exercise solid waste flow control. (For full text of Resolution, see Resolution Book No. 56, page 168.) Mr. McCadden moved the adoption of Resolution No. 32042-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-DIVISION OF MOTOR VEHICLES-GRANTS-YOUTH: The City Manager submitted a written report advising that the Office on Youth has received funds from the Commonwealth of Virginia Department of Motor Vehicles to be used to assist in offsetting the cost of special projects which are operated by the Office on Youth during program year 1993-94; and funding in the amount of $1,000.00 was received by the Office on Youth on December 9, 1993, from the Department of Motor Vehicles. It was further advised that funds received from the Department of Motor Vehicles were used for implementation of special projects such as Student Government Day, special programs, and closing exercises for the job training camps; that the Office on Youth operates various programs to improve the quality of life for children and youth; and appropriation of these funds into the special projects account will be a reimbursement of program costs. The City Manager recommended that Council appropriate $1,000.00 to a Grant Fund Special Projects Expenditure Account, with a corresponding revenue estimate to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office. ) Mr. McCadden offered the following emergency budget ordinance: ACTION: ,,,,1,......_.4_... L. I il"lLi_U ,."-'--"-"---""--"_,_'---__,_"""..IlII,.........''"-__-----L-_.______--' '-, . ~ lI1t ...........'... 297 (#32043-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 170.) Mr. McCadden moved the adoption of Ordinance No. 32043-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-GRANTS-YOUTH: The City Manager submitted a written report advising that the Office on Youth received funds from Project FOCUS Grant to operate a job training camp program for youth, ages 12 - 15; that the need for the program was expressed during the Teen summit meetings in 1992 because teens felt that there was "nothing to do" and the majority of the youth were too young to obtain jobs; that a Summer Job Training Camp was offered during the summer of 1993 with FOCUS funds, the goal of which was to enroll 40 youth to complete the program, however, due to an overwhelming interest, 62 youth were given the opportuni ty to learn about the world of work through classroom training which included, but was not limited to, role playing, speakers, career exploration, goal setting, etc.; and funding in the amount of $30,342.45 was transferred in May 1994 from the Project FOCUS grant to the Office on Youth for implementation of the job training camp program. It was explained that funds were transferred from the Project FOCUS grant for implementation of the Job Training Camp Program which began in April 1994; that the Office on Youth is operating the program which has been providing job related training activities; and appropriation of funds into a special account for reimbursement of program costs will be coordinated by the Office on Youth. .. ... ..H."',_w"" ,~~."...~~..,.;> ",.~",.., ".,..... r r" 'If""'.' 298 ACTION: The City Manager recommended that Council appropriate $30,342.45 to a Grant Fund expenditure account, with a corresponding revenue estimate to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office. ) Mr. Harvey offered the following emergency budget ordinance: (#32044-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 171.) Mr. Harvey moved the adoption of Ordinance No. 32044-061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) HUMAN DEVELOPMENT-HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-GRANTS-FDETC-SCHOOLS: The City Manager submitted a written report advising that the U. S. Department of Agriculture (USDA) has solicited applications from municipalities to participate in the 1994 Virginia Summer Food Service Program; and the purpose of the Program is to provide nutritionally balanced, healthy meals to children ages one through 18 of low-income families during the Summer months of 1994. It was further advised that a grant application for the Virginia Summer Food Service Program was prepared by the Fifth District Employment and Training Consortium, on behalf of the City, for consideration by the U. S. Department of Agriculture for funding for the period June 20 - September 2, 1994, with notice of grant award expected by June 14, 1994; that 1,335 daily meals are proposed for youth participating at specified sites throughout the City, at an estimated 38,000 meals to be served through the program. ACTION: ""...J.....-Ul.. ~lJ;."U;I_U ).." l..".'.....'.............",__-' " .- . . ~ 4.'''''''''''' 299 The City Manager recommended that Council approve the following actions: accept of the subsequent grant award from the U. S. Department of Agriculture, in the amount of $123,090.00; authorize the Director of Human Development to negotiate and execute a contract for food service with Roanoke City Schools, as well as appropriate interagency agreements with the Fifth District Employment and Training Consortium, Office on Youth and the City of Roanoke Redevelopment and Housing Authority to facilitate success of the project; and appropriate $123,090.00, with a corresponding revenue estimate, to an account to be established in the Consortium Fund by the Director of Finance, for the virginia summer Food Service Program. (For full text, see report on file in the City Clerk's Office. ) Mr. McCadden offered the following emergency budget ordinance: (#32045-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 172.) Mr. McCadden moved the adoption of Ordinance No. 32045-061394. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) Mr. McCadden offered the following emergency ordinance: , , 300 ACTION: (#32046-061394) AN ORDINANCE authorizing the execution of a grant application made on behalf of the Ci ty of Roanoke for the United States Department of Agriculture 1994 Summer Food Service Program, the acceptance of the subsequent grant award, the negotiation and execution of the appropriate interagency agreements, including an agreement with Roanoke City Schools; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 173.) Mr. McCadden moved the adoption of Ordinance No. 32046-061394. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-CITY SHERIFF-CMERP-EQUIPMENT: The City Manager submitted a written report advising that the Capi tal Maintenance and Equipment Replacement Program has identified the need for Emergency Breathing Apparatus and an X-Ray Inspection System to enhance court security for use in the Roanoke City Jail; that the X-Ray Inspection System will provide a method of inspection of hand- carried baggage, packages and mail; and existing security devices and walk through units primarily detect metal objects, however, the X-Ray Unit will provide additional security by detecting weapons, narcotics, explosives and other dangerous items through an advanced image process. It was further advised that following advertisement, bids were received and reviewed by a bid committee; whereupon, the City Manager recommended that Council accept the bid submitted by Security Defense Systems Corporation, for one new X-Ray Inspection System, at a total cost of $15,945.00, and the bid of Fire & Safety Equipment, for an Emergency Breathing Apparatus, at a total cost of $6,464.04; that all other bids received by the City be rejected; and that $22,410.00 be appropriated from the Capital Maintenance and Equipment Replacement Program to the following accounts: ACTION: ACTION: ",..""...<1.1 ....L 11.1'''_1.01,..,. ~ .L .. . - .. .............. "'.,.............,.:1,--'-- 301 $15,945.00 to Account No. 001-024-2140-9015 6,465.00 to Account No. 001-024-3310-9015 (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following emergency budget ordinance: (#32047-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 174.) Mr. Harvey moved the adoption of Ordinance No. 32047-061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (council Member Bowles and Mayor Bowers were absent.) Mr. Harvey offered the following resolution: (#32048-061394) A RESOLUTION accepting bids for an X-Ray Inspection System and for Emergency Breathing Apparatus for the City Jail, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for these items. (For full text of Resolution, see Resolution Book No. 56, page 175.) Mr. Harvey moved the adoption of Resolution No. 32048-061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (council Member Bowles and Mayor Bowers were absent.) .~. ~, ,. T"'! ..... '"-"'..,,,. , 302 DIRECTOR OF FINANCE: CITY CODE-LEGISLATION-BINGO/RAFFLES: The Director of Finance submitted a written report advising that numerous changes were made to the Code of Virginia (1950), as amended, regarding bingo and raffle operations as a result of the 1994 Session of the General Assembly which changes will become effective July 1, 1994, as follows: Previously, certain organizations were required to have been in existence for at least two years prior to applying for a permit, which provision will be changed to five years. Organizations sponsoring bingo games may accept cash or checks as payment for players to participate in bingo games, and language was added to provide that postdated checks may not be accepted, that lines of credit may not be extended, and credi t or debit cards or other electronic fund transfers may not be used as payment for charges to participate in bingo games. The sale of instant bingo cards to anyone below 16 years of age is now prohibited, with the age limit being raised to 18 years of age. In addition to the definitions of organization, bingo, raffle, instant bingo, and jackpot, the definition of a landlord will be added, and a landlord will be defined as any person or his agent, firm, association, organization, partnership, or corporation, or employee thereof, which owns and leases, or leases any premise devoted in whole or in part to the conduct of bingo games, and any person residing in the same household as a landlord. Employees of a corporate sponsor of a qualified organization will be allowed to participate in the management, operation or conduct of one raffle per year. Landlords will following: be prohibited from the '''",''.~ "~Jo ..",,~~.UL. ~ ,,,,,....j_' ,,,-UIU-',,,,..IIII,........'. ;_,....:.J_J- L .~__._ ., ................._.. 303 participating in the conduct, management or operation of any bingo games; selling, leasing or otherwise providing for consideration any bingo supplies; and requiring as a condition of a lease that a particular manufacturer, distributor or supplier of bingo supplies be used by the organization. It was noted that an addition to Section 21.71 of the Code of the City of Roanoke (1979), as amended, is recommended concerning organizations that discontinue their raffle or bingo operations with unspent proceeds which should be reported until all have been properly spent, advising that currently, an organization with unexpended cash balances could cease its bingo or raffle operations and they would not be required to report whether those cash proceeds were spent for charitable purposes, therefore, it is recommended that a provision stating that organizations which either cease to exist or cease their bingo or raffle operations must file reports on a quarterly basis until all cash proceeds have been properly spent, which will allow the City to monitor and to ensure that all bingo or raffle proceeds are indeed spent for charitable purposes. The Director of Finance advised that it is important that the City be consistent with the Code of Virginia, especially in the matter of bingo games and raffles, in order to accomplish the changes, he transmitted a proposed ordinance amending certain sections of the City Code relating to bingo and raffle operations which will allow the City to continue to effectively administer bingo and raffle operations in compliance with State laws. (For full text, see report on file in the City Clerk's Office.) Mr. Musser ordinance: offered the following emergency (#32049-061394) AN ORDINANCE to amend and reordain S21-66, Binqo qames and raffles definitions; subsections (a)(1), (2), and (3) of S21-68, Requirement of issuance of permit; where valid; duration; permits '...........H..,_..." ",",,,.. '......."""""'" ........". ,',..._.... ."..,. ~ . ~, .." 304 ACTION: subject to requlation; subsection (c) of S21-69, Limitation on frequency and duration of conductinq binqo qames; subsection (d) of S21-70, "Instant binqo"; S21-71, Reports of qross receipts and disbursements required; form of reports; failure to file; certificate of compliance; riqht of entry upon premises; records; independent accountinq procedure, by adding new subsection (h); subsection (e) of S21-73, Prohibited practices; and Section 21-73, Prohibited practices by adding new subsection (g) and redesignating current subsections (g) through (p) as subsections (h) through (q), of Article II. Gamblinq, of the Code of the City of Roanoke (1979), as amended, to provide for the regulation of bingo and raffle games in the City; providing for an emergency, and an effective date. (For full text of Ordinance, see Ordinance Book No. 56, page 176.) Mr. Musser moved the adoption of Ordinance No. 32049-061394. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-HOUSING/AUTHORITY-GRANTS: The Director of Finance submitted a written report advising that the Community Development Block Grant (CDBG) program is accounted for on the City's financial records by program year, with three years currently appropriated; that the U. S. Department of Housing and Urban Development permits localities to determine the number of CDBG program years to remain on the records; that reprogramming funds allows the City to maintain a minimum number of program years on its records; that the earliest Community Development Block Grant year (B-91-MC-51-0020) may be closed by reprogramming unspent funds in the program year to the next subsequent program year (B-92-MC-51-0020); and unspent funds totalling $176,024.00 will be used for the same activities for which they are currently appropriated. The Director of Finance recommended that Council authorize the following actions: ACTION: "".J..... ~ ,-"..,llldll;_llJ .,,*,'_'--'--'.'_--'-~ ____J.-.~."..'_..........,' .cc...J..--."_ .. ,...... -........_11I 305 transfer unspent funds of $176,024.00 to Community Development Block Grant year B-92- MC-51-0020; and close-out Community Development Block Grant year 3-91-MC-51-0020. (For full text, see report on file in the City Clerk's Office. ) Mr. White offered the following emergency budget ordinance: (#32050-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 185.) Mr. White moved the adoption of Ordinance No. 32050- 061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (council Member Bowles and Mayor Bowers were absent.) BUDGET-INTERNAL SERVICE FUND: The Director of Finance submitted a written report advising that the City's Internal Service Funds account for certain services provided to departments of the General Fund; that the service providing departments within the Internal Service Funds recover costs by charging the receiving departments; that budgeted funds for internal services are allocated in each fiscal year's budget throughout the various departments based on estimated usage, which usually varies from the original estimates; and each year it is necessary to make appropriation transfers between several departments to provide sufficient funds for internal services for the remainder of the fiscal year, which transfers do not increase the original overall budget, but only reallocate amounts between departments. -~ ~~-, ,>..."';.".......,..,, ',,'..H I "___,.,,, n r T r.., 306 ACTION: The Director of Finance recommended adoption by Council of a budget ordinance which will accomplish the required transfers. (For full text, see report on file in the City Clerk's Office. ) Mr. White offered the following emergency budget ordinance: (#32051-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 188.) Mr. White moved the adoption of Ordinance No. 32051- 061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written report advising that the 1993-94 fiscal year General Fund included funds in the nondepartmental category for payment of life insurance, termination (vacation) leave and unemployment wages, which types of employee fringe benefits are budgeted at estimated amounts in each department or in the nondepartmental category inasmuch as annual charges for each department are difficult to accurately project; and actual costs are charged to the applicable department in anticipation of budget transfers to cover said costs. The Director of Finance recommended adoption of a budget ordinance providing for the transfer of funds from the nondepartmental category to applicable departmental budgets as follows: ACTION: L....,Ill.J.l ..... ~........j,:III1~III_JI.J _,~-,--,-,-_,--_~"",,,,,,_""""",t --- - ... . . .... .......Il 307 Life Insurance $266,478.00 Termination (Vacation) Leave Wages $108,099.00 $ 35,000.00 Unemployment Wages (For full text, see report on file in the City Clerk's Office. ) Mr. Harvey offered the following emergency budget ordinance: (#32052-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 192.) Mr. Harvey moved the adoption of Ordinance No. 32052-061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (council Member Bowles and Mayor Bowers were absent.) CITY ATTORNEY: POLICE DEPARTMENT-CITY CODE-COMMONWEALTH' S ATTORNEY- LEGISLATION-TRAFFIC: The City Attorney submitted a wri tten report advising that since 1982, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate in the Code amendments passed by the virginia General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code, which procedures ensures that the ordinances codified in the City Code incorporate the current provisions of State law; that incorporation by reference is frequently utilized in local codes to preclude having to set out lengthy provisions of state statutes in their entirety; that in addition, the technique ensures that local ordinances are always consistent with State law as is generally required; and the procedure whereby a local governing body incorporates State statutes by reference after action of the General Assembly has been approved by the Attorney General. .. r ., 308 ACTION: The City Attorney recommended that Council adopt an ordinance to readopt and reenact the Code of the City of Roanoke (1979), as amended. (For full text, see report on file in the City Clerk's Office. ) Mr. McCadden offered the following emergency ordinance: (#32053-061394) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 195.) Mr. McCadden moved the adoption of Ordinance No. 32053-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Counc i 1 Members Mus ser , Whi te, Harvey, McCadden and Chairperson Pro Tem Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) REPORTS OF COMMITTEES: BUDGET-CABLE TELEVISION: Council Member Musser, Chairperson, Roanoke Valley Cable Television Committee, presented a written report on behalf of the Committee, advising that on March 2, 1994, the Roanoke Valley Regional Cable Television Committee recommended a fiscal year 1994-95 budget of $116,057.00; that cost increases are primarily in the areas of rent, part-time help and mileage; and the total operating budget of $116,057.00 is separated as follows based on the number of Cox Cable subscribers in each locality: Roanoke City Roanoke County Town of Vinton 57 per cent 36 per cent 7 per cent $66,153.00 41,780.00 8,124.00 ACTION: '" i..L.," j IIn..-I_LJ ~"'-'--'---~_ .. ..... .....-. _.:.j-'-',...,..".....,~,:._--"~".:-l-.,_-----'----'--.:__ 309 The Roanoke Valley Regional Cable Committee recommended that Council approve year 1994-95 operating budget, in the $116,057.00, including the City's share of which is $66,153.00. Television the fiscal amount of the budget (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following resolution: (#32054-061394) A RESOLUTION approving the annual operating budget of the Roanoke Regional Cable Television Committee for Fiscal Year 1994-95. (For full text of Resolution, see Resolution Book No. 56, page 197.) Mr. Musser moved the adoption of Resolution No. 32054-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) ROANOKE CIVIC CENTER: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for replacement of the wooden stage floor in the Roanoke Civic Center Auditorium, presented a written report on behalf of the Committee, recommending that Council reject the lump sum bid submitted by Williams Painting and Remodeling, Inc., in the amount of $136,950.00; and that the City Administration review the project for changes in scope and timing, followed by re-advertisement for bids. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following resolution: - to.,'''':''''.''''.'' ,.r~_~,....,'.,',...''":..,,~_,......,... r ".__,..n. rr T T., 310 ACTION: ACTION: (#32055-061394) A RESOLUTION rejecting all bids for replacement of the wood stage floor at the Roanoke Civic Center Auditorium. (For full text of Resolution, see Resolution Book No. 56, page 198.) Mr. White moved the adoption of Resolution No. 32055-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS- EASEMENTS: Ordinance No. 32030 authorizing vacation of a portion of sanitary sewer easements across properties identified by Roanoke City Tax Nos. 6120434 - 6120438, 6120443, 6140714, 6160633, 6120418-6120429, 6120417X, and 6120430, in connection with the Peters Creek Sewer Replacement Project PC-I, having previously been before the Council for its first reading on Monday, June 6, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#32030-061394) AN ORDINANCE authorizing the vacation of a portion of sanitary sewer easements across properties identified by Roanoke City Tax Nos. 6120434 - 6120438,6120443,6140714,6160633,6120418-6120429, 6120417X, and 6120430, in connection with the Peters Creek Sewer Replacement Project PC-I, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 154.) Mr. White moved the adoption of Ordinance No. 32030- 061394. The motion was seconded by Mr. Harvey and adopted by the following vote: ACTION: ......,,,..J ..... ~Ju"jjIlU.I_IJ ""--'*-,--,-'-,--L - ... ............. ~-",.,-~ ~--'..'- 311 AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (Council Member Bowles and Mayor Bowers were absent.) PURCHASE/SALE OF PROPERTY-TRAFFIC-CITY PROPERTY- HOUSING/AUTHORITY-HOTEL ROANOKE CONFERENCE CENTER- ASBESTOS REMOVAL-STREETS AND ALLEYS-VIRGINIA TECH: Ordinance No. 32031 authorizing donation and conveyance of the City's interest in property identified by Roanoke City Tax No. 2012716 and commonly known as 111 Wells Avenue to the Roanoke Redevelopment and Housing Authority for relocation of the structure located on the property prior to construction of the Second Street/Gainsboro Road Project, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, June 6, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#32031-061394) AN ORDINANCE authorizing the donation and conveyance of the City's interest in property identified by Roanoke City Tax No. 2012716 and commonly known as 111 Wells Avenue to the Roanoke Redevelopment and Housing Authority for relocation of the structure located on the property prior to construction of Second street/Gainsboro Road Project, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 155.) Mr. White moved the adoption of Ordinance No. 32031- 061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tern Edwards---------------5. NAYS: None---------------------------------------O. (council Member Bowles and Mayor Bowers were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. 312 OTHER HEARINGS OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 9:00 p.m. ATTEST: ~~ A P PRO V E D :9. L- ~.~~,5d~ ~ John S. Edwards Chairperson Pro Tern Mary F. Parker City Clerk .' . - -- ---'-- ,....,,. j .... "10."" DU.I.~U., ....'....,.~__-'---'_ ".,..",...'_.........-~_.'''-_.-1 ~_ L ... . .. ............... ' 313 ROANOKE CITY COUNCIL---------ROBERT W. GOODLATTE June 20, 1994 12:00 noon A joint meeting of Roanoke City Council and Congressman Robert W. Goodlatte was held on Monday, June 20, 1994, at 12:00 noon, in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, William White, Sr. (entered the meeting at 1:15 p.m.), and Mayor David A. Bowers-----------------5. ABSENT: Council Members James G. Harvey, II, and Howard E. Musser------------------------------------------------------------2. OTHERS PRESENT: Congressman Robert W. Goodlatte; Steven Landes, Legislative Assistant to congressman Goodlatte; John H. Parrott, Council Member-Elect; Linda F. Wyatt, Council Member- Elect; W. Robert Herbert, City Manager; James D. Ritchie, Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Willard N. Claytor, Director of Real Estate Valuation; and Mary F. Parker, City Clerk. The Mayor advised that the purpose of the meeting was to discuss matters of mutual interest and concern with Congressman Goodlatte. Congressman Goodlatte referred to previous discussions relating to problems the City confronts with unfunded Federal government mandates and Federal regulations, which the City sometimes questions as to the cost benefit ratio that is derived from having to comply with some of these regulations, and reported that progress has been made in this regard. He stated that he has joined a group called the Unfunded Mandates Caucus which has designated representatives to go through each bill and try to ferret out those mandates to either get them changed in the bill or at least alert the members when they vote on the floor that these mandates are included in the bills, and the legislature has had some success along these lines. The Congressman further stated that earlier this year there was a bill to elevate the Environmental Protection Agency to Cabinet level status; that many in the Congress saw that as an opportunity to try to require cost benefit analysis or risk assessment to be performed by the E.P.A. before new regulations are imposed, though there was an amendment proposed to be offered which would require that to be done before any new regulations could be issued; that the E.P.A. was opposed to that as was the administration, and therefore, they wrote the rule under which the House would consider the bill in such a fashion 1 "T .,- ~ .. . 314 that the amendment could not be offered; however, the rule was defeated with over 60 Democrats joining with virtually all the Republicans in defeating the rule. He advised that he felt this sent a strong message that a number of other pieces of legislation similar to that which would be coming back to Congress would have to take into account the cost effect on local governments and private business if they are going to continue a trend toward further regulation; so that will have an impact not only in that area but also in the area of legislation such as superfund, wetlands, endangered species, as well as other pieces of legislation which will come up for reconsideration; and that most of it should be reauthorized, but he believes it should include some realistic language that requires the appropriate regulatory agency involved to take a look at it. The Congressman further stated that in terms of matters that are of direct interest to the City and the City's economic development, a success was achieved just last week in getting the House of Representatives to approve $350,000.00 for study of the location and initial engineering for a new tower at the Roanoke Regional Airport; that last year, it was taken out in committee and Jacqueline Shuck contacted him after it had been taken out of committee, so this year when Ms. Shuck came back he suggested that a much more aggressive approach be taken; that both he and Ms. Shuck testified before the Transportation Appropriations Subcommittee and requested that the money be specifically designated for Roanoke; and that with the help of Frank Wolf, who is the ranking Republican on that Committee, and Rick Boucher and L. F. Payne who signed a letter to the Subcommittee Chairman requesting that the money be kept in there, it has now been passed by the entire House and efforts are being made to get to work on it in the Senate. He advised with regard to the Appalachian Regional Commission, that Roanoke was left out when it was originally established, and lost out on many millions of dollars in economic development funds; that since that time, Jim Olin had offered some legislation in previous Congress to add Roanoke, Roanoke County, Salem, Rockbridge, Lexington, Buena Vista, Montgomery and Radford to it; that it was never taken up, so he offered the legislation again this year; and that fortunately, the Appalachian Regional Commission bill was coming up for reauthorization this year, so with the help of Bob Wise from West Virginia, the bill that he introduced was included as an amendment to the reauthorization which was passed. He further advised that now the House is waiting on the Senate, which is a little more problematic because the powers that be on the appropriate subcommittee in the Senate are western senators who are not particularly fond of the Appalachian Regional Commission, so they are looking for either pushing the Senate to mark up the legislation to reauthorize the Appalachian Regional Commission or to try to attach it to the appropriations legislation that goes through; and that the Senate can attach it on 2 ,...~ J d,ii...IIIU"'-'IJ .',.},w.:..' t""''-''~'"''_''''''''''''''-' I., ..... Jill *,~t1","'''''.1li . 315 that side, and the House can do that when they appropriate additional funds for the Appalachian Regional Commission, as we;; as mention that these three counties and all the cities in the same area will be included. Council Member Bowles stated that the City is appreciative of the efforts of congress with regard to the Appalachian Regional Commission, and inquired as to whether there is anything more the City can do to stimulate additional interest in the Appalachian Regional Commission on the Senate side. Congressman Goodlatte advised that if the City has not already done so, it should adopt another resolution and send it to Senators Warner and Robb urging their support, and noted that he has been working very closely with both their offices to try to push this; and that the problem is a Senator from Montana who is apparently not fond of the A.R.C., and understandably from that Senator's perspective, the A.R.C. provides special development funds for about thirteen states in the eastern part of the country, with nothing comparable in his area, therefore, he has doubts as to why he should support it. congressman Goodlatte pointed out that from his perspective, our argument is that no additional funds are being requested; that we are asking for counties which were originally designated to be a part of the A.R.C. to be allowed to do so and to compete for those existing funds; and that their primary purposes are ones that the City would be very interested in, such as development of industrial si tes and roads to access those industrial sites. Mrs. Bowles expressed appreciation to congressman Goodlatte for his assistance. Council Member Edwards asked for clarification as to which tower at the airport the congressman had referred to earlier; whereupon, Congressman Goodlatte stated that he was referring to the radio control tower which is located as a part of the old terminal building at Roanoke Regional Airport. He advised that the old terminal building cannot be torn down to gain access to any further economic development, for example, because the tower is there; that a new location for the tower is needed, but from a safety standpoint, the F.A.A.'s regulations have indicated that based on their current standards the old terminal building in which the tower is located is too close to the runway; therefore, the terminal needs to be torn down, but this cannot be accomplished until the tower is moved to another location. Mr. Edwards also referred to the issue of transportation and discussion with regard to 1-66 and 1-73, and pointed out that something needs to be done about the road system between Roanoke and Greensboro, North Carolina. He stated that it is extremely important to continue working toward improving transportation, inasmuch as transportation is one of the most important elements or foundations for economic development; and this is something he believes the congressman, as well as the Virginia Department of Transportation and area localities should be involved in. He expressed appreciation to congressman Goodlatte for his assistance 3 , , 316 to localities, and especially the City of Roanoke, relative to making sure that the City of Roanoke is getting the full benefit with regard to transportation assistance. Mr. Edwards further stated that the City of Roanoke may also need the Congressman's assistance with regard to the flood reduction program; and pointed out that as he understands it, the City ran up against a problem relating to environmental issues, and he anticipates that the City may need Congressman Goodlatte' s assistance over the next two years in dealing with the Environmental Protection Agency on this very serious problem. Congressman Goodlatte inquired as to the City Manager's status in determining who is going to be liable once the City starts getting into this; whereupon, Mr. Herbert advised that the way he would characterize the concern is that it needs to be determined to what clean-up levels or standards the City is going to be required to meet, which then derives the cost of whether it can just be put in a stand alone landfill without treating it as a hazardous waste, or whether it is a hazardous waste, or some place in between; and that is what the City does not have an agreement on between the State Department of Environmental Quality and the E.P.A. He stated that the most recent meeting was a week ago between Federal and State representatives, and he has not heard the results of that meeting. The City Manager further advised that the Corps of Engineers itself is going through a debate concerning the environmental issue; that the question is being raised inside the Corps of Engineers about what is really an environmental issue to the Corps, because that waste is picked up during floods over a period of years and it is just going to be a continuing and ongoing problem for the whole river corridor, not just the Roanoke segment; that maybe it is in the best interests of the Corps to include this as part of the project costs; and although it is a minority position within the Corps of Engineers, it is a growing minority posi tion that needs to be dealt with. Congressman Goodlatte questioned whether this minority position is something his office could help promote; whereupon, Mr. Herbert advised that it would be very helpful. With regard to the issue of transportation, Congressman Goodlatte stated that Mr. Edwards' point was very well taken. He advised with regard to the status of Interstate 73, that efforts have been very successful inasmuch as the state has taken a very strong stand, he has met with Governor Allen to push him for this, and the new Secretary of Transportation has been very aggressive in supporting this; and that support was also gained from the Transportation Committee in Congress to fund the study of what is called 1-83, running from Roanoke to North Carolina, which he believes is a very positive development. The Congressman stated that it is important to continue to push for the entire 1-73 route for two reasons, i.e., having another interstate highway running through Roanoke to North Carolina as well as to the midwest, which 4 '..... J. ;..., L......., IIU-'--'LJ 'JL't.L.-!.w_,.c' "".."."',.,............."11.-'.--'- ,,--.. .. ... ..1II........_1l. 317 is what 1-73 going to Bluefield will give us, is far more valuable than just the connector between Roanoke and North Carolina; but more importantly, if 1-73 goes down current 1-77 or to the route along virginia 100 which is only ten miles parallel to current 1- 77, which Rick Boucher argues is cheaper than upgrading the tunnels on 1-77, either way those roads will be competing with the funding that we want from Roanoke to North Carolina, whereas if 1-73 is built entirely along the one route there will not be competition for interstate highway funds for the eighty percent Federal matching funds to complete either one of these roads. congressman Goodlatte advised that he believes the objections and concerns of groups such as those on Bent Mountain, are entirely premature; that the Bent Mountain route has a lot of problems involved and there is no commitment whatsoever on anyone's part that this is where the road is going to run; that the designation by the state is five to ten miles wide, and it has a lot of leeway; and that there are other considerations, including going right through the City on 1- 581 which has its plusses and minuses, with the plus being that it makes a much better connection for Roanoke to North Carolina, and the minus being that there would be some additional traffic going right through the City. He pointed out that the problem with going across Bent Mountain is that it terminates at Boones Mill and heads down on a route that would be parallel to Route 220 from Boones Mill, and in order to get to Roanoke from Boones Mill, motorists must travel over the same roadway that poses a serious safety problem inasmuch as the route between Roanoke and Boones Mill is where the greatest number of fatal accidents occur on all of Route 220; and therefore, this is going to require some additional effort, but the project is at least ten years in the future and probably longer, given the Federal deficit. The Congressman further stated that the point now is to look ahead for economic development promise for the Roanoke Valley; that if we get splintered because of disputes over the routing before there is even any solid evidence as to where the route would be and general opposition to the road because of concerns about it going through individual backyards, there is the risk of not getting it altogether; and that he believes we are far enough along now that we are probably going to get the Roanoke to North Carolina segment, although he does not think it is going to be desirable to have that designated on the map but then competing with other expenditures elsewhere in order to eventually get it built. He advised that the state is continuing to take a very strong stand on the issue; that Rob Martinez is scheduled to meet with Sam Hunt, the North Carolina Transportation Secretary, in the next week; that reaching an agreement between Virginia and North Carolina on the road meeting up below Martinsville would be the key to getting this whole thing resolved; that West Virginia's highway commissioner has already indicated that they are willing to meet us at Route 460 at Bluefield; that if West virginia and North Carolina go along, that is where the road is going to end up being built; that the $5 million has been appropriated on the House side, but the funds need 5 ,.n IT'" fr'" r"l '_____R11 .,....-,,,,,",,..,,.,>,,,. ,.,;~~ ,..,. ,.' I d___II,DL. P T [.1 318 to be approved on the Senate side; that the opportunity also exists on the Senate side to have them include the language that was requested on the House side designating where 1-73 runs. and he is confident that the chances are favorable for getting this through. Council Member-Elect Parrott asked for a clarification as to whether $350,000.00 had been appropriated to study the tower location; whereupon, Congressman Goodlatte advised that the funds had been appropriated for the study and to do the initial engineering work. Congressman Goodlatte referred to the Interstate 66 project and advised that a new alternative to connect to the east, i.e., Lynchburg, Richmond and Norfolk, would probably be the second most important transportation route after the North Carolina connection, although this is much farther down the road; that basically, the route he has proposed would go close to the Interstate 64 route; and that approval has been given on the House side for up to $8 million in funds to study the route between Beckley, West Virginia and Lynchburg. He stated that he believes this is quite a different situation than Interstate 73; that the State is fully behind the 1-73 proposal, but with the 1-66 proposal there are a number of competing alternatives running north and south through the State, and the State has not taken any position on 1-66 yet; that 1-66 may not turn out to be an interstate, but it would be desirable for it to go through this area, and he will continue to push for it; that this fund is administered by the U. S. Secretary of Transportation and that study area is the only project designated for those funds, although he would expect that the Secretary of Transportation would designate the funds to be used in other areas as well. The Congressman recommended that Council adopt a resolution supporting that particular 1-66 alternative as opposed to the route running across the State on Route 58, or running through Northern virginia, inasmuch as Council has already expressed its initial support of that alternative. The City Manager stated that Congressman Goodlatte and his staff have been very responsive to the City, and he feels the City has good access through the Congressman and his staff people. He expressed appreciation to the Congressman for his assistance. Council Member McCadden inquired with regard to the transportation industry, whether there has been any discussion about reregulating the airline industry; whereupon, the Congressman stated that there has been talk concerning this, that the Judiciary Committee on which he serves held some anti-trust hearings last year on that very issue, but no consensus was reached, and he is not aware of any legislation that is moving along those lines. Mr. McCadden stated that it might be helpful to point out that since the industry was deregulated in October of 1979 there have been more than 120 commercial airlines that have come and gone, that 6 ,_~ J. 1.L L..'.:l...1 .U.'_'I..1 ."~UJ_-'-~"_-'-_''-'''_'~'''''''''''~_'''' to"L . ~~ ~~ -......ilIl<.. 319 some of our smaller airports are being hurt, and some of the smaller cities are receiving very poor service or none at all; that he also believes the airline industry has had a lesser gain or the least amount of gain in rates based on cost of living than any other transportation industry; that low cost carriers are moving into areas, including Virginia now, and have driven prices down so low that it hurts our State; that it is really hitting hard on the East coast; and in Richmond especially, the prices have been driven down so much that airlines who have been serving this State for so long are not able to compete against these low cost carriers. Congressman Goodlatte inquired of Mr. McCadden as to whether reregulation would improve the quality of the service at the Roanoke airport, in particular with more jet service; whereupon, Mr. McCadden advised that because of the fares being driven down and because people now want more frequency, it has driven jets out of markets such as Roanoke, although Roanoke basically has some of the best air service in the country in terms of the number of flights available. The Congressman stated that he would be interested in any information Mr. McCadden comes across that would help, but he does not think reregulating would necessarily put us back to where we were before deregulation. Mr. McCadden expressed appreciation to Congressman Goodlatte for any assistance he may be able to give in this regard. Council Member Bowles inquired as to whether there is any update on AMTRAK; whereupon, congressman Goodlatte stated that he believes a major setback has been suffered with the passing from the scene of Graham Claytor; that he made a commitment to see that the previous study regarding the cost of adding service to Roanoke be re-done in order to determine if there is a way that projection could be lower than what was originally studied; that they are having difficulty now getting confirmation that the studies are even being done, and they have a $30 million shortfall in their current budget that was not on the table when Mayor Bowers and others met with AMTRAK last year, and so they are actually going to be cutting some routes, which concerns him greatly. He pointed out that this was difficult to sell in the beginning because of the substantial amount of subsidy that was going to be required; that there is a certain level of subsidy that can be justified based on the fact that highway travel is subsidized by virtue of the government paying to build the roads;, so having rail service here with the government paying for part of the cost could be justified, and he will continue to push to have the study done, and hopefully can get the cost down lower. He stated that something else he had discussed with Mayor Bowers was the possibility of doing a demonstration route in time for the 1996 Olympics, which seemed to be something that was a little more doable because trains could be put on the tracks without making a long-time commitment for the 7 .--.,.".... 11 ]1'. 320 capital; but before this could be done, it would be necessary to determine the condition of the rails as to whether they met passenger standards, because in view of the problems AMTRAK has had with some major high profile accidents in recent years, that needs to be the number one priority. At this point, 1:15 p.m., Council Member White entered the meeting. Mr. Dibling stated that Roanoke City Council adopted a Resolution supporting the Disney project and the General Assembly has apparently had a meeting with the Disney officials with respect to the State's contribution; that now he sees that the Congress is going to hold hearings on this, and some view this as meddling considering this is primarily an issue for the Commonwealth of Virginia; and he questioned what the role of Congress is with respect to the Disney project. Congressman Goodlatte advised that in his opinion, the Congress has no role in the project; that Governor George Allen is scheduled to speak before a Senate Committee that is reviewing this; that there are some people in Congress who are very interested in historic preservation, and he respects them; that he has a bill along with Congressman Wolf to establish a Shenandoah National Battlefield Park in a very unique way that does not allow a government to condemn privately held land, and that would be a very low cost way to promote preservation of these twelve battlefield sites located in the Shenandoah Valley; that they have enlisted and received the support of these people; that the area Disney wants to purchase or has an option to purchase is seven miles from Manassas, and the area will probably develop with housing or something else if this project does not go in, which from an economic development standpoint turning down a proposal like this would send just exactly the wrong message to anyone thinking about locating in Virginia; and that this project is nothing to compare to the Orlando Disney World project, rather the project is slightly larger, in terms of the actual theme park, than Kings Dominion or Busch Gardens in Virginia. He stated that he believes it will actually improve some of the existing transportation conditions in Northern Virginia inasmuch as it will bring about a more rapid expansion of 1-66 in that area because the traffic is likely to run counter to the rush hour traffic in Northern Virginia; and in addition, it will bring about an extension of the mass transit service in the area; and that from the overall economic development standpoint in the State, and the general public's support in the State, he believes it is a good project which should go forward, and the Federal government should not get involved. Council Member White stated that one area in which he believes the Federal government can help the State and local governments is in reducing the number of weapons that are on the streets and in the hands of young people; that he does not believe the state and local governments acting alone can do this, because guns are being 8 ,...~I .I.. I...., LloJi.... i ,lIa-'-'IJ .lI!o'_'.Lc,,"-'.'_' '-,.--,-'_'C ,;"Oi......,......'..,...........'_..J. _--' L .. a .~..,..,_. 321 transported from one jurisdiction to the other; that he believes the Federal government can also help with look-alike guns and toy guns through strong Federal legislation relating to controls and limits on toy and look-alike guns as well as automatic weapons and the sale of guns. Mr. White stated the need for tighter gun control and more effective education in order to help our young people, and pointed out that any assistance the Congressman and local officials can offer to help our young people would be a good result, and all of these other issues will build from that. Council Member White further advised that he has been in contact with the Corps of Engineers with regard to the Section 88 program, and expressed the desire to discuss this program with Congressman Goodlatte; that he is personally interested in negotiating a contract and is having problems; and that although it is a good program, he believes Congress needs to look closely at the administration of the program. Congressman Goodlatte advised that he would be happy to discuss the program at Mr. White's convenience and to offer any assistance he can. With regard to the issue of gun control, Congressman Goodlatte stated that he is more than willing to help, and he believes Federal government involvement would be appropriate in terms of keeping weapons out of the hands of minors and helping the school systems keep weapons out of the schools; that he also believes the local governments are going to have to take the lead on this because individual guns are going to be in a place where the localities will have to deal with it; that trying to remove all the guns in this country from the hands of people would be impossible because there are more than 300 million firearms in the country right now, and nearly one-half of the households in the country own a weapon; and while there is support for some restrictions, it is his opinion that those restrictions must be geared toward keeping weapons out of the hands of the people who are going to misuse them to commit crimes or those who are mentally unstable. He further stated that he believes the Virginia instant-check system which is in use is the foremost system of its type of any state in the United states, and the system should be brought nationally; that the system has uncovered more than 5,000 felons attempting to buy firearms, including more than 300 who were wanted by law enforcement agencies at the time they attempted to purchase firearms; that one problem with the system is if a law enforcement agency in Virginia is doing a background check on an individual purchas ing a weapon through a gun shop in Roanoke, the law enforcement agency cannot find out whether that person has a felony conviction in another state; and no matter how long you wait it does not add to the ability of the law enforcement agencies to do the background check on whether a person has a record in another state unless that state is computerized and participating in the FBI clearance system. The Congressman stated that an amendment was added as a part of the Brady Bill that set the deadline at four years to have an instant-check system in place nationwide, which he 9 ""<l rr r" I:". r.._mr......-. ~, .,..."+-...-.,-.,,,.-,-,,- I 1.1__ILIII'; ,; [, 'T~'f ,,- 322 believes will be exceedingly helpful; and that as far as any individual legislation regarding the use of firearms by minors, he would be more than willing to help in that regard, but he is not a supporter of the idea of eliminating all guns from society. Council Member-Elect Wyatt referred to Congressman Goodlatte' s comments with regard to firearms control, and stated that she understands the Congressman's position as not being a supporter of the idea of eliminating all guns from society; however, in her capacity as a classroom teacher, she conducts her own informal survey each year relating to weapons, and that consistently for the past four or five years she has found that there are guns in the homes of three-fourths of the students she teaches. She stated that she teaches second grade, and the fact that these small children can readily gain access to a gun and ammunition in their own home frightens her, and she believes the safety of those children far outweighs the rights of their parents to own a gun, and that is where the real issue is. Congressman Goodlatte stated that he realizes this is an important issue, however, he believes it is the responsibility of those parents to become educated and to be held accountable, and for their children to be educated as well; that there are a lot of other dangerous things which exist in our society that we make an effort to keep out of the hands of children, and weapons definitely should be one of those; and that he supports the City's efforts to do that, but in his opinion to remove the guns entirely would not only be wrong, but would be impossible as well. Mayor Bowers expressed appreciation to Congressman Goodlatte for his willingness to meet with the Members of Roanoke City Council. The Mayor referred to the issue of unfunded mandates which was discussed at length approximately one year ago, and pointed out that the Congressmen, the National League of Cities, the Virginia Municipal League, the United States Conference of Mayors, the Governor's Association, and VACO are all saying enough is enough; and that was an issue that was kind of interesting, in that it was one of those things that starts up and is discussed and debated, and then eventually they become matters of law, are accepted, and then you see the end of the debate; and that he is not sure we have seen the end of the debate on unfunded mandates, however we have come a long way. The Mayor expressed appreciation to the Congressman for his support in this regard. The Mayor also referred to the discussion with regard to the Appalachian Regional Commission, which he believes is of primary importance to the City of Roanoke, and noted that Congressman Goodlatte had indicated that the City Council should either adopt another Resolution, or perhaps by letter express support to 10 ,...~I J l... L.i.Ji.., 1,11&--1..1 _.H....'--'.."..,-'-'--,"".__-'-.ulJll-'-_,--........,.., ,. .. ....... f~""""1I 323 Senators Robb and Warner again. He stated that he would ask the City Attorney, with the consent of the Council, to contact the congressman's office to see whether a letter from the Mayor would be acceptable, and if not, to prepare another Resolution for Council's consideration. With regard to the transportation issue relating to 1-73 and 1-66, Mayor Bowers stated that he has heard much about regionalism and Roanoke wants to be the first with regionalism; that Roanoke was the first government in this area to come out in favor of the 1-73 proposal; and that the road may not even come through Roanoke, which is alright, but when the City then asks to make a connection to the road if it does not come through Roanoke, it is his hope that others will be joining with the City in the spirit of cooperation as well. The Mayor further stated that it does not make sense to him to have the road going west of Roanoke ten or fifteen miles, and then for the people in the most dense area of the metropolitan area to have to travel down Route 220 or out Route 419 or Starkey Road to get there, so it is his hope that it will be understood that whether it is 1-66 going north of the City through Botetourt County and Bedford, or 1-73 going southwest of the City, that Roanoke should have a direct connection through an interstate spur. The Mayor made reference to Mr. Edwards' comments with regard to flood reduction, and advised that during the United states Conference of Mayors meeting recently there was discussion about a new issue that is called brown fields. He explained that the concept is that businesses like to go out to the green fields or out in the suburbs because they don't have environmental problems out there; that many of the inner cities have brown fields, or aging industrial sites, particularly in the northern cities, which have been polluted with contaminants over the years, and they cannot do anything with them because of the environmental problem; and that a corollary to that, which affects Roanoke, is that we do not have industrial sites that cannot be used, but we have an urban river that is part of this flood reduction project and that has been, in a sense, a dumping ground over the last sixty years. The Mayor stated that this brown fields legislation is something the Environmental Protection Agency is apparently just starting with; that Mayors want to join with the E.P.A. in having the Federal government come in and help clean up the urban industrial sites, the urban brown fields or the urban waterways as well; and that may be something the City of Roanoke needs to be aware of to see if the Roanoke River in the City could be included as part of this brown field clean-up. 11 ~~~ yo.'......""",... 324 Finally, the Mayor referred to the discussion with regard to the airport terminal, advising that the Virginia Museum of Transportation is interested in trying to obtain the old airport control tower in order to possibly place it on top of the Transportation Museum, and he requested the Congressman's assistance in including this historical preservation issue for study. Congressman Goodlatte expressed appreciation to the Mayor and Members of Council and City Administrators for taking the time to discuss these matters of mutual interest and concern, and stated that as always, he is anxious to assist in any way he can. On behalf of the Members of City Council, Mayor Bowers presented a City "mini-clipper" to Congressman Goodlatte and Mr. Landes in appreciation for their work in the City's behalf. There being no further business, the Mayor declared the meeting adjourned at 1:40 p.m. A P PRO V E D ATTEST: r--., ~ 4. P ~ Mary F. Parker City Clerk Sl> ~. 12 I..... U L.. L..l~ liDIIl--U .u_*'='~~"-"'_',"'J.__.........,~~ .--,_:,_.,L ,~-- ". . ............Il 325 REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL June 20, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, June 20, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis o. McCadden, Howard E. Musser and Mayor David A. Bowers---------------------7. ABSENT: None----------------------------------------------O. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ri tchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-COUNCIL: Mr. White offered the following resolution recognizing and commending the meritorious service rendered to the City by the Honorable Howard E. Musser, Member, Roanoke City Council: (#32056-062094) A commending the meritorious by the Honorable Howard E. Council. RESOLUTION recognizing and service rendered to the City Musser, Member, Roanoke City (For full text of Resolution, see Resolution Book No. 56, page 211.) ACTION: Mr. White moved the adoption of Resolution No. 32056-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: r" ---,..." ~ I' 1 T _.L.."".'...'. 326 ACTION: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, and Mayor Bowers---------------------6. NAYS: None---------------------------------------O. (Council Member Musser abstained from voting.) Mrs. Bowles offered the following resolution recognizing and commending the meritorious service rendered to the City by the Honorable James G. Harvey, II, Member, Roanoke City Council: (#32057-062094) A commending the meritorious by the Honorable James G. City Council. RESOLUTION recognizing and service rendered to the City Harvey, II, Member, Roanoke (For full text of Resolution, see Resolution Book No. 56, page 212.) Mrs. Bowles moved the adoption of Resolution No. 32057-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member Harvey abstained from voting.) The Mayor advised that Council Member Musser has been both tenacious and responsive in connection with issues affecting disabled citizens of the community, and he has served as the regional leader in matters relating to cable television service. He stated that he will always remember Mr. Musser's tenaciousness in representing those who are less fortunate. The Mayor called attention to Council Member Harvey's characteristics of loyalty and compassion and referred to instances when citizens have addressed Council with issues involving animal rights during which times Mr. Harvey has demonstrated great compassion. He commended Mr. Harvey for his loyalty and dedication to The Hotel Roanoke Project in his capacity as Council's liaison member and as Chair of The Hotel Roanoke Conference Center Commission. He advised that the Members of Council, the City Administration and the citizens of Roanoke are appreciative of the leadership of Council Members Musser and Harvey over the past 14 years. ,...~, J.. ,li.. ~..i~. 1.11I1II1--U ...,_......,.,~~_..............--'.:--'J ., . ........11 327 Mr. White expressed appreciation for the service rendered by Council Members Harvey and Musser, advising that he has learned a great deal from their counsel and commended them for their sincerity He wished them well in their future endeavors. Mr. McCadden expressed appreciation for the counsel of Messrs. Musser and Harvey, advising that their experience has had an influence on how City Council conducts its business. He expressed appreciation for what they have done on behalf of not only the City of Roanoke, but the entire Roanoke Valley. Mrs. Bowles advised that it has been an honor and a privilege to serve with Council Members Musser and Harvey. Mr. Edwards expressed appreciation for the service of Mr. Musser and Mr. Harvey, for their wisdom and for their words of advice to him as the newest Member of City Council. He stated that Mr. Harvey and Mr. Musser have acted as a team, a team that has been an advocate of common sense, wisdom and a desire to insure that City Government is operated in an effective and efficient manner and because of their concerns, they will be long remembered for their service to the citizens of Roanoke. Mr. Musser expressed appreciation to the Members of Council for their kind remarks. He stated that he hopes the citizens of the City of Roanoke are aware of the strong leadership role that Mr. Harvey has played in The Hotel Roanoke Conference Center project where he has served as a strong advocate. Mr. Harvey also expressed appreciation to Council Members for their kind remarks. He advised that it has been a pleasure to work with Council and the City's administrative staff in an effort to serve the needs of the citizens of the City of Roanoke. He commended the City of Roanoke on having good and dedicated employees, advising that it has been an honor for him to serve and expressed appreciation to the citizens of the City of Roanoke for giving him the opportunity to serve on Council. CITY SHERIFF-CITY JAIL: On behalf of the Members of Council, the Mayor recognized and commended the Honorable W. Alvin Hudson, Sheriff, in connection with the City's outstanding rating for re-accreditation of the Roanoke City Jail by the American Correctional Association. ~. ~... , .... J" ..__".',,1' r. r"l "..,.,...."",..., 328 ACTION: ACTION: BID OPENINGS CITY SHERIFF-CITY JAIL-CITY PROPERTY-ASBESTOS REMOVAL: Pursuant to notice of advertisement for bids for asbestos abatement at the former Datasafe, Inc., and Miller, Morgan and Co. buildings located at 330 and 340 W. Campbell Avenue, said bids to be received by the City Clerk until 1:30 p.m., on Monday, June 20, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, 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: BIDDER BASE BID HICO, Inc. WACO, Inc. $15,500.00 34,000.00 (For full text, see bids on file in the City Clerk's Office. ) Mr. Harvey 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. Musser and adopted. The Mayor appointed William White, Sr., Chairperson, William F. Clark and George C. Snead, Jr., as members of the committee. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Sessions to discuss vacancies on various authorities, boards, commissions and committees appointed by Council; and a matter with regard to disposition of publicly held property in connection with location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes. ACTION: ,...~, L LL ",~il... 111I1ii1-U .......:;.t".uL.-~~t........'llL"--'"~L__ l ..-....... I.. u. -"""~"l.' 329 OATHS OF OFFICE-COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(l), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authori ties, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(l), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. ELECTIONS: A communication from Alton B. Prillaman, Secretary, Roanoke City Electoral Board, transmitting an Abstract of Votes cast in the Democratic Primary Election held in the City of Roanoke on Tuesday, June 14, 1994, was before Council. "ABSTRACT OF VOTES cast in the city of Virginia, at the June 14, 1994, Democratic Election, for: Roanoke, Primary MEMBER UNITED STATES SENATE NANCY B. SPANNAUS VIRGIL H. GOODE, JR. CHARLES S. ROBB SYLVIA L. CLUTE 67 2,205 3,731 367 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 14, 1994, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for Member of the Senate in the congress of the United States. 330 ACTION: ACTION: ACTION: Given under our hands this 15th day of June, 1994. A copy teste: Electoral Board [SEAL] S/Gilbert E. Butler, Jr., Chairman S/Charles T. Green, Vice Chairman S/Alton B. Prillaman, Secretary S/Alton B. Prillaman, Secretary, Electoral Board Mrs. Bowles moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of David Hill as a member of the Roanoke Arts Commission, for a term ending June 30, 1995, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. OATHS OF OFFICE-COMMITTEES-YOUTH: A report of qualification of S. Elaina Duckett as a member of the Youth Services Citizen Board, for a term ending May 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: ACTION: ,...~ J., U L.i..ii.....LIUI"1 !.J "".',!J.'...~ .~".,',.'"..._..........."".-'L__cJ . ._~- .. ~ ........It 331 AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. CITY MANAGER-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to disposition of publicly held property in connection with location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344(A)(3) and Section 2.1-344 (A)(S), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to disposition of publicly held property in connection with the location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344(A)(3) and Section 2.1-344 (A)(S), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: ,.._~. ] ~p ,.,"~.~~,.,."..,.I...'" r ___n.... f' :- r l ".- 332 YOUTH-PARKS AND RECREATION: The Director of Public Safety, George C. Snead, Jr., presented an oral briefing on the 1994 Youth Summit. He advised that in 1992 the process was started with a meeting at the Roanoke Civic Center where several hundred citizens discussed issues involving youth, that four basic areas of concern were earmarked, and the following four programs were established to address those concerns: The Stars Come Out at Night Adventures in the Parks Teenage Special Events Summer Jobs and Interns Mr. Snead advised that in the summer of 1992, a two day DARE Program was held in a City park; that in the summer of 1993, Council provided substantially more funds and the fifth program, the DARE Camp, was established and sponsored by the Police Department and the Parks and Recreation Department. Officer Steven B. Dalton, Police Officer participating in the DARE Program, advised that the 1994 DARE Camp will be composed of two four day, three night programs for rising sixth grade students who have successfully completed the fifth grade DARE program, with the desired goal to improve self-esteem, increase ability to resist peer pressure and provide better decision making skills. He stated that the DARE program offers al ternati ves to drug use and in the process enables students to become better role models at their respective middle schools. He added that the first DARE Camp was held in 1992 consisting of one two day camp serving a total of 48 children that was held in a Roanoke City park; that in 1993, the Camp was expanded to four sessions for four days each serving 96 children, which was a day camp held in multiple locations such as the National Forest, Smith Mountain Lake and the New River in Blacksburg. He stated that in 1994, 300 campers will utilize the facilities at the 4-H Center in Wirtz, Virginia on Smith Mountain Lake, and by using the 4-H Center facilities, the Camp will accommodate three times the number of student campers and offer more activities at less cost, and the event will culminate with a dinner and camp graduation for campers, their parents and staff. ._..I.L...- u... Ll..l""Lju." ~ ..,',.t:J....'U~"..~~~,.,,:..;._,J.--'- 333 Marion Vaughn-Howard, Youth Planner, addressed the Job Training and Intern Program which served 42 young people in 1993 and over 122 youth are proposed to be served in 1994. She explained that youth will have an opportunity to participate in training activities dealing with the world of work; and 45 jobs are available in the private sector that were developed as a result of efforts by the city Manager who addressed the business community with regard to employing young people. She explained that this year, the program will involve an evaluation process to enable young people to be both pre and post tested to determine what they learned and how they involved themselves in the world of work. John W. Coates, Manager, Department of Parks and Recreation, advised that the Adventures in the Parks Program, now in its third year, is focused on youth 12 years of age, and is designed to develop social skills, improve self-image and provide positive recreational experiences. He stated that other programs to be offered are arts and crafts, group games, trips to the swimming pools, and a new program which will be focused on environmental issues through the use of games and other activities. He added that the goal is to insure that young people, when they leave the program are able to structure some of their leisure time while they are not already in a structured environment. He stated that the program will be held in eight different City parks from 8:30 a.m. until 12:00 noon, Monday through Friday. Mr. Coates addressed the Special Events Program which is another returning program targeted toward middle school children, ages 11 - 13, and high school children, ages 14 - 18, which will consist of eight pool parties throughout the summer, five for older youth and three for the younger age groups. He stated that the program started last week with two pool parties and a total attendance of 550. He advised that for this age group, adventure based programs will be held throughout the fall and winter such as rock climbing, caving trips, and hiking trips, etc. Mr. Coates advised that the Stars Come Out at Night Program is focused on youth, ages 12 - 17, and began as an athletic oriented program which is now being expanded to offer alternative programs and group programs, etc., and will be held at six different locations this year. .-.. n I,II,;"II..._R~ '.'...',. .........",_..."............H.... I <11"_11:,.1.. P 1 T 1, ,- 334 Mr. Coates referred to a new program recently established, "the Midnight Basketball Program" which is conducted in partnership with the City and the YMCA to be held at the Jefferson Gym that is designed to focus on young adults, ages 18 23, and is patterned after successful programs in Baltimore, Chicago and Los Angeles. He advised that the goal of the program is to provide a safe, structured environment to address young people when they still have considerable energy late at night, 11:00 p.m., until 2:00 a.m., which is a time when there are few positive activities in which to engage. He added that midnight basketball will be held on Thursday through Saturday nights beginning in July 1994; and it is a pilot program that is hoped to expand into the winter months with volleyball and other activities. He explained that while young people are in this captive environment, life skills training will be taught by citizens from the community who will address such issues as AIDS awareness, how to balance a checkbook, how to complete a job application, etc. Mr. Coates advised that the Department of Parks and Recreation looks forward to continuing its efforts to expand youth programs with available resources in order to address many more of the leisure needs of Roanoke's youth population. Wi thout objection by Council, the Mayor advised that the briefing would be received and filed. At 3:00 p.m., the Mayor declared the meeting in recess. At 3:10 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. ITEMS RECOMMENDED FOR ACTION: BUDGET-TOTAL ACTION AGAINST POVERTY-HOTEL ROANOKE CONFERENCE CENTER-MINORITY/WOMEN OWNED BUSINESSES- VIRGINIA TECH: The City Manager submitted a written report advising that the Contract for Services with Total Action Against Poverty for Alvin Nash to serve as Small Business/Minority Contracting Coordinator to the Hotel Roanoke and the Conference Center was approved by Council on April 17, 1993, pursuant to Resolution No. 31417- 041793; that the contract was originally executed for the period May 1, 1993 through October 30, 1993; and $3.4 million, or 15 per cent of project cost, has been awarded to local minority and women-owned businesses. ACTION: "111I. J. .u.. L.o.ll...l...... ........~....~~...,~'-'-'-_'---_~""L 335 It was further advised that at the direction of the Ci ty Manager, the contract per iod was extended from October 30, 1993 through March 30, 1994, at which time services provided by the consultant were completed; and an amendment to the Community Development Block Grant Agreement with Total Action Against poverty is necessary to provide for the extended time period and to increase the contract amount from $30,942.00 to $51,639.00 to cover additional costs for the consultant's salary, fringe benefits and other necessary expenditures. The City Manager recommended that he be authorized to execute a Community Development Block Grant contract amendment with Total Action Against Poverty; and authorize the Director of Finance to transfer $13,270.00 in CDBG Account No. 035-092-9230-5135 to CDBG Account No. 035-092-9215-5010, and transfer $3,998.00 from CDBG Account No. 035-093-9330-5135 to CDBG Account No. 035- 093-9315-5010. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32058-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 214.) Mr. White moved the adoption of Ordinance No. 32058- 062094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. Mr. White offered the following resolution: (#32059-062094) A RESOLUTION authorizing the execution of Amendment No.1 to the City's Contract with Total Action Against Poverty (TAP), for additional consul ting services relating to the Hotel Roanoke and Conference Center project. (For full text of Resolution, see Resolution Book No. 56, page 215.) ..,..' ",....,...,...;.-..".,.,-,..,,,....'. ,.---.-. ,. ,. r, 336 ACTION: Mr. White moved the adoption of Resolution No. 32059-062094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. BUDGET-CLERK OF COURTS-CIRCUIT COURT-CITY EMPLOYEES: The City Manager submitted a written report advising that the Virginia General Assembly approved the addition of Circuit Court Judges during the 1994-95 budget session; that the Twenty-Third Judicial District, which covers Roanoke City, Roanoke County and the City of Salem, was allocated one additional Circuit Court Judgeship; that each Circuit Court Judge has one secretary who is responsible for administrative duties of each judge, and at present, no position is available for the new Circuit Court Judge; and with an additional court in session, a Deputy Clerk position will be required to attend court whenever the judge is presiding, however, current staffing levels will not allow such to be accomplished using existing personnel. The City Manager recommended that the Director of Finance be authorized to increase Circuit Court Clerk Fee revenues by $41,039.00 (Revenue Account No. 001-020-1234- 0815); and appropriate the following funds for one additional Judicial Secretary and one additional Deputy Clerk in the Office of the Clerk of Circuit Court: Circui t Court Clerk of Circuit Court Regular Employee Salaries FICA Retirement Life Insurance Health Insurance Dental Insurance Recovered Costs (Roanoke County-40 percent, City of Salem-12 per cent) $26,332.00 2,014.00 3,244.00 92.00 2,220.00 98.00 $18,618.00 1,424.00 2,294.00 65.00 2,220.00 98.00 ( 17,680.00) $16,320.00 $24,719.00 Total $41,039.00 (For full text, see report on file in the City Clerk's Office.) ACTION: ,...... J... u., elL ,j..... "~-"tL.L"'"'''''-~'"'_~''''",,-L---''_~''_'_'_''_--'-'- .. .. ..'.......1lt 337 Mr. Musser offered the following emergency budget ordinance: (#32060-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 215.) Mr. Musser moved the adoption of Ordinance No. 32060-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. BUDGET-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-STREETS AND ALLEYS: The City Manager submitted a written report advising that $57,915.00 exists in Account No. 001-004- 9310-9508, Transfers to Capital Projects Fund, which is designated for the Bridge Maintenance Program; that the Hollins Road Bridge over Lick Run was scheduled for repairs and bids were received on May 9, 1994, however, the low bid exceeded the budget and attempts were made to negotiate a cost reduction; that when negotiations failed, the City was forced to reject the bid, modify the project and readvertise in January 1995; and it is imperative that the $57,915.00 be transferred to the Capital Improvement Reserve streets and Bridges Account, in order for the funds to continue to be available for the program. The City Manager recommended that Council appropriate $57,915.00 from existing funds in Account No. 001-004-9310-9508, Transfers to Capital Projects Fund, to Account No. 008-052-9575-9181, Capital Reserve Account - Streets and Bridges. (For full text, see report on file in the City Clerk's Office. ) Mr. McCadden offered the following emergency budget ordinance: ."., If" I'!'I" [".'1l. 1____"~ .....,..' """.'.", ......... "......"..'..".~,.......,.,,_.o... r H,__a."1. rr r, 338 ACTION: (#32061-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 217.) Mr. McCadden moved the adoption of Ordinance No. 32061-062094. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. BUDGET-REFUSE COLLECTION-PUBLIC WORKS-ROANOKE VALLEY RESOURCE AUTHORITY: The City Manager submitted a written report advising that the adopted budget for Solid Waste Management for fiscal year 1993-94 was prepared based on several financial assumptions regarding the cost of operating refuse disposal programs, as follows: estimated tons of refuse to be disposed of at the Roanoke Valley Resource Authority during fiscal year 1993-94 would be 43,000 tons; payment request for materials disposed of at the Resource Authority in previous budget years would continue to be received and processed for paYment on a monthly basis; and front loading bulk containers owned by the City would continue to be serviced by contract from private a vendor at no additional cost. It was further advised that major natural occurrences that could not have been planned, i. e. , major windstorms and ice storms that occurred on June 4, 1993, February 10 and March 3, 1994, caused extensive tree damage on private properties and public rights-of- way; and approximately 5,000 tons of debris were collected and mulched using a rental tub-grinder and front-end loader. It was explained that financial assumptions upon which the budget for operating refuse disposal programs was prepared changed during the fiscal year as follows: ,1tMl" I.l.. ...lId.. .10.1Io... ~, ~",."..."...ol<;W:.","....i:.~"""""""""",-"",-,_"c_",--,~:__-,----" -,' ...~..~...~ 339 The number of tons of refuse disposed of at the Resource Authority exceeded the budget estimate by 1,000 tons, with severe weather being a major contributing factor, at a cost of $30.00 per ton, or $30,000.00. A payment request for materials disposed of at the Resource Authority was changed from monthly billing to weekly billing on July 1, 1993. The fiscal year 1993-94 budget will reflect disposal charges for a 13-month cycle, for an additional month charge of $78,000.00. A new front loading bulk container contract for dumping of the 39 City-owned dumpsters was awarded in October 1993. The contract cost increased $18,000.00 annually due to refuse disposal rate increases established by the Roanoke Valley Resource Authority. It was explained that City employees continue to mulch tree debris resulting from windstorms and ice storms utilizing a rented tub-grinder; and the cost has exceeded the appropriation for equipment rental by $27,000.00 The City Manager recommended that Council authorize the transfer of $153,000.00 from the following accounts: Solid Waste Management (Recycling) Street Lighting Building Maintenance Snow Removal Street Maintenance Street Maintenance Street Maintenance 001-052-4211-2010 001-052-4150-2022 001-052-4330-3056 001-052-4140-2045 001-052-4110-3055 001-052-4110-3005 001-052-4110-2038 Total $ 75,000.00 23,000.00 20,000.00 3,000.00 9,000.00 10,000.00 13,000.00 $153,000. 00 To Solid Waste Management - Refuse budget accounts: Account No. 001-052-4210-2010 Account No. 001-052-4210-3070 Total $126,000.00 27,000.00 $153,000.00 (For full text, see report on file in the City Clerk's Office.) ; If'T U" 1'""""" " n... o'.......;....~...., 1 T I" ~ , ..... .....'-",,,, ",. 340 ACTION: Mr. Harvey offered the following emergency budget ordinance: (#32062-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 218.) Mr. Harvey moved the adoption of Ordinance No. 32062-062094. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. ZONING-HOUSING/AUTHORITY-PLANNING-ECONOMIC DEVELOPMENT-STREETS AND ALLEYS: The City Manager submitted a written report advising that between 1980 and 1990, the population of the City of Roanoke decreased by 3.7 per cent; that during the ten year period, the proportion of owner-occupied housing declined by 2.8 per cent; that the 1990 Census indicated that 10.5 per cent of the City's owner-occupied housing units have a value of more than $100,000.00, and 76.5 per cent of the housing units in the City are more than 20 years old; that the City has a long and successful history of maintaining and improving housing conditions for its sizeable proportion of low and moderate income citizens; and on November 8, 1993, Council requested a comprehensive strategy for ensuring the availability of a balanced housing market to meet the desires and needs of all of the City's existing and future residents. It was further advised that the City Administration has met with representatives of the development community, including homebuilders and realtors, seeking input for the preparation of a market-rate housing strategy; that a plan has been prepared as a first step in a long-range strategy; and over a period of time, different activities and projects will evolve, however, the initial plan includes the following key elements: creation of an organizational unit within the City Administration whose mission is to concentrate on market rate housing, the relationship with the City of Roanoke Redevelopment and Housing Authority to be coordinated for maximum effectiveness; ACTION: I.... .I.l... Wl, ~..... ~, _'''~=~_"""*,,,'__''''''''''':"',.,._'L '_'-'--"_ --,-.---,--",. L .. . .....ll......._~. 341 evaluation of the City's Zoning Ordinance to protect predominantly single-family residential areas and to discourage the conversion of existing single-family housing units to multi-family and commercial uses; provision for additional financial incentives to developers for infrastructure improvements associated with market-rate housing; revision of existing regulations and procedures relating to opening of existing undeveloped streets, allowing subdivisions on existing private streets, and expediting development reviews; availability of information regarding vacant land suitable for market-rate housing development; recognition of the development community for its contributions to making Roanoke the "Best Place to Live and Work in the South"; and development of a marketing plan to insure that existing and prospective residents of the City understand the significant advantages of living in Roanoke. The City Manager recommended that Council concur in the Market-Rate Housing strategy as the initial plan, advising that the City Administration will refine specific actions required to implement the plan and bring recommendations to Council for authorization as necessary. (For full text, see report on file in the City Clerk's Office. ) Mrs. Bowles moved that Council concur in the recommendation and receive and file the report. The motion was seconded by Mr. McCadden and unanimously adopted. BUDGET-BRIDGES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the Walnut Avenue Bridge over the Roanoke River was built in the 1890's; that the bridge was raised in the 1920's to match the grade of the new bridge over the railway tracks; that the last major work was performed in 1977 '.HIII IF I I1r r:'l1:'"~ dl..__ml ........",0 ,,,. ....~,..."'~.~..,' ",,'., .......', ,.u.","""" r I~.BIIII" 1" 1 1 1 342 when the bridge was painted; that inspection of the bridge is made on an annual basis, and in the last several years, inspection has determined that the major components of the bridge are in marginal or poor condition; that a load rating analysis was performed in November 1993, at which time the posted limit was reduced from ten tons to eight tons, which reduction limits the use of the bridge; and further deterioration of the bridge could again reduce the load limit, or result in closure of the bridge to traffic, which is expected to happen within two years if the bridge is not reinforced or replaced. It was further advised that it is estimated to restore the bridge to full service with no weight restrictions will cost $1.35 million and to restore the structure to a ten ton load limit will cost $150,000.00; that deterioration will continue until the load limit will again be reduced to eight tons in two years, which will require $200,000.00 to again restore the bridge to ten tons; that it would be more economically feasible to replace the bridge now and save over $1.0 million in continuing maintenance costs during the 25 year life of the new bridge; and the alternative is to replace the bridge at an estimated $1.35 million now and save continuous maintenance costs. The City Manager recommended that he be authorized to execute Amendment No.1, in the amount of $176,600.00, to the Agreement for Consultant Services with Mattern & Craig, Inc., dated August 6, 1992, pursuant to Ordinance No. 31164-082492, in a form to be approved by the City Attorney, for a new contract amount of $294,600.00; and appropriate $176,600.00 to Capital Projects Fund Account No. 008-052-9684-9055, Walnut Avenue Bridge Replacement Design. (For full text, see report on file in the City Clerk's Office. ) Mrs. Bowles offered the following emergency budget ordinance: (#32063-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 219.) ACTION: ACTION: 1.......l.L.. ..... L..J..II..,~'-- '-_............--""l_L-':~~.'- ... ",N . .. ~, "'~............IIi. 343 Mrs. Bowles moved the adoption of Ordinance No. 32063-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. Mrs. Bowles offered the following resolution: (#32064-062094) A execution of an amendment Mattern & Craig, Inc., services in connection with Roanoke River. RESOLUTION authorizing the to the City's contract with for additional engineering the Walnut Avenue Bridge over (For full text of Resolution, see Resolution Book No. 56, page 220.) Mrs. Bowles moved the adoption of Resolution No. 32064-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. DIRECTOR OF FINANCE: BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The Director of Finance submitted a written report with regard to the closeout of certain accounts for completed capital projects, advising that capital projects of all types have been approved by Council for construction over the past years, with projects including construction in major categories for buildings, parks, highways, sanitary sewers and storm drains; that funding is established for each project when Council approves construction based on bids for the various construction costs, as well as extra funding for possible contingencies; and completed projects have relatively small amounts of contingency funds remaining after final bills are paid inasmuch as most projects are completed within established budgets. If~ , I1f' r"ll"", ,11____nll ....-....,,-..,.-,....,. "-'-'" r' ...."-."..,.,........".,;~....... I ':.__IL..",I[ 1. T T ~ .,,--.,,"''''-''.'' 344 ACTION: The Director of Finance recommended that he be authorized to closeout certain completed capital projects and transfer funds into appropriate capital accounts as set forth in a proposed budget ordinance. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (#32065-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 220.) Mr. Musser moved the adoption of Ordinance No. 32065-062094. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. BUDGET-CAPITAL IMPROVEMENTS PROGRAM-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The Director of Finance submitted a written report advising that the City's general obligation bond issue included $13.8 million for the Roanoke Conference Center Project; that an appropriation is required on the City's financial records to complete accounting for the transaction in fiscal year 1993-94, which adjustment is to reflect the bond proceeds of $13.8 million as received in the Capital Projects fund and passed through to the Roanoke Conference Center Commission Fund only; that said funds were previously appropriated in the Conference Center Fund; and said appropriation is intended for generally accepted accounting purposes only and does not increase funding for the project. The Director of Finance recommended that Council concur in the appropriation of $13.8 million to an account to be established in the Capital Projects Fund to reflect the transfer of funding previously appropriated to the Conference Center Commission Fund. (For full text, see report on file in the City Clerk's Office. ) ACTION: I_~ i.l. lJio. 1.J.l....~j h""" . "".~--"-u~..-Mo"""""_':LJ_:...t....c:---,-,,.L._"_'-'_>' L .., .. . ...., .........Il ' 345 Mr. Harvey offered the following emergency budget ordinance: (#32066-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 223.) Mr. Harvey moved the adoption of Ordinance No. 32066-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. REPORTS OF COMMITTEES: BUDGET-PUBLIC WORKS-COMMONWEALTH OF VIRGINIA BUILDING: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received to remove the wooden windows on the north and west elevations of the Commonwealth Building and to replace said windows with aluminum windows, presented a written report on behalf of the Committee, recommending that Council approve the following actions: authorize the City Manager to enter into a contract with American Door & Glass, Inc., in the amount of $107,641.00, and 60 consecutive calendar days for completion of the work; transfer funds from Building Maintenance Fixed Assets, Account No. 001-052-4330-3057, to a Capital Projects Fund account, as follows: Contract Amount Contingency $107,641.00 2,359.00 $110,000.00 Total reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Committee. (For full text, see reports on file in the City Clerk's Office. ) "'. l'1' .... m1 - ." ~""'''''' ..j,""",,,,,,, "",,,,'0 Ir l' 1 '[ ..._....."_.H._~ . 346 ACTION: ACTION: Mr. White offered the following emergency budget ordinance: (#32067-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 224.) Mr. White moved the adoption of Ordinance No. 32067- 062094. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. Mr. White offered the following emergency ordinance: (#32068-062094) AN ORDINANCE accepting the bid of American Door & Glass, Inc., for the replacement of windows in the Commonwealth Building, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 225.) Mr. White moved the adoption of Ordinance No. 32068- 062094. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. BUDGET-PUBLIC WORKS-MUNICIPAL BUILDING: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to study the one bid received by the City to provide and install a new podium roof membrane at the Municipal Building, presented a written report on behalf of the Committee, recommending that Council approve the following actions: ACTION: I..... 101.. ......1........... ~. H"'~~'_LftCl:to. ill 'lo. .. ...~ ..... .........11II<... ' 347 authorize the City Manager to enter into a contract with Consolidated Industrial Roofing, Inc., in the amount of $27,600.00, and 60 consecuti ve calendar days for completion of the work; transfer $32,500.00 from Building Maintenance Fixed Assets, Account No. 001-052-4330-3057, to a Capital Projects Fund account, as follows: Contract Amount Contingency Funding to procure new plants, shrubs, top soil for the existing plant boxes $ 27,600.00 2,400.00 2,500.00 Total $ 32,500.00 The City Manager submitted a written report concurring in the recommendation of the Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32069-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 226.) Mr. White moved the adoption of Ordinance No. 32069- 062094. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. Mr. White offered the following resolution: 1. n! rr lmr,illl..__UI T~..,....,......,""'_....._~.,~"~"..,i,,..,..~."'."".,..,". I lI_.liillll,r~ Ti ,I_'-H""'" 348 ACTION: (#32070-062094) A RESOLUTION accepting the bid of Consolidated Industrial Roofing, Inc., to provide and install a new podium roof membrane at the Municipal Building, upon certain terms and conditions, and awarding a contract therefor; and authorizing the proper City Officials to execute the requisite contract for such work. (For full text of Resolution, see Resolution Book No. 56, page 227.) Mr. White moved the adoption of Resolution No. 32070-062094. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TRAFFIC-STATE HIGHWAYS-PLANNING-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-CONSULTANTS REPORTS- STREETS AND ALLEYS: Ordinance No. 32007 approving an agreement between the City and the Virginia Department of Transportation for the widening and realignment of Wells Avenue, N. E., within the City limits, and providing for allocation of the City's share of the project cost, in the amount of $775,580.24 of the total estimated project construction cost of $2,244,386.00 and pursuant to certain terms and conditions as more specifically set forth in a report of the City Manager under date of May 23, 1994, having previously been before the Council for its first reading on Monday, May 23, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Harvey offering the following for its second reading and final adoption: (#32007-062094) AN ORDINANCE approving an agreement between the City and the Virginia Department of Transportation for the widening and realignment of Wells Avenue, N. E.; providing for the allocation of the City's share of the project cost; and authorizing execution of said agreement on behalf of the City. (For full text of Ordinance, see Ordinance Book No. 56, page 199.) ACTION: ACTION: f.." iii. .. . .... ~ ...... , I ....H -"::,_"u:~~... ~.. ., ~ 1" lIiiIloii.....1i . 349 Mr. Harvey moved the adoption of Ordinance No. 32007-062094. The motion was seconded by Mr. White and adopted by the following vote: AYES: council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. ZONING: Ordinance No. 32032 rezoning two tracts of land located on the north side of Maddock Avenue, N. E., between Williamson Road and Courtland Avenue, identified as Official Tax Nos. 3080901 and 3080902, from RM-l, Residential Multi-Family, Low Density District, to C-2, General Commercial District, as more fully set forth in the petition, having previously been before the Council for its first reading on Monday, June 13, 1994, 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: (#32032-062094) AN ORDINANCE to amend Section 36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 308, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 56, page 200.) Mrs. Bowles moved the adoption of Ordinance No. 32032-062094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. ZONING: Ordinance No. 32033 rezoning two tracts of land, one located at the northwest intersection of 4th Street and Mountain Avenue, S. E., and the other located at the southwest intersection of the same intersection, and identified as Official Tax Nos. 4021001 and 4020326, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to proffers set out in a second amended petition filed on June 1, 1994, having previously been before the Council for its first reading on Monday, June 13, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: 11"" rr Il'!'IJ"T,u____1JII ...........,......".-......_-'.......... f" ,~.,,,..._..,.........~..'..<..H' r U__UI.I-, I, .,. l' 1 'T~ ,.-',...,,-'"'''' . 350 ACTION: ACTION: (#32033-062094) AN ORDINANCE to amend Section 36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 201.) Mr. White moved the adoption of Ordinance No. 32033- 062094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. STREETS AND ALLEYS: Ordinance No. 32034 permanently vacating, discontinuing and closing that section of Mountain Avenue, S. E., bounded on the west by the right- of-way of Interstate 581 and U.S. 220, on the east by the western line of the right-of-way of 4th Street, S. E., on the south by the northern boundary of Official Tax No. 4021001, and on the north by the southern boundary of Official Tax No. 4020326, having previously been before the Council for its first reading on Monday, June 13, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: (#32034-062094) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 202.) Mr. McCadden moved the adoption of Ordinance No. 32034-062094. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. ACTION: 1...011 ioU, ..LIi.. L..1rJIi....,-- ~ '1."C't.!..~ j"tn',_~",~"",-", .. . ........a.IiIIIIA..tll..~ 351 STREETS AND ALLEYS: Ordinance No. 32035 permanently vacating, discontinuing and closing all of that certain public right-of-way of Wells Avenue, N. E., between the western side of Commonwealth Avenue and the eastern side of Jefferson Street, having previously been before the Council for its first reading on Monday, June 13, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Harvey offering the following for its second reading and final adoption: (#32035-062094) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 205.) Mr. Harvey moved the adoption of Ordinance No. 32035-062094. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7 . NAYS: None---------------------------------------O. CITY CODE-ZONING-ARCHITECTURAL REVIEW BOARD: Ordinance No. 32036 providing for certain amendments to Chapter 36.1, Zoning, of the Code of the City of Roanoke ( 1979), as amended, such amendments to expedite the review and approval of certificates of appropriateness for approval of construction activities in the historic and preservation districts and to establish a new neighborhood design district to encourage compatible new construction in areas having historic or unique architectural value, having previously been before the Council for its first reading on Monday, June 13, 1994, 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: (#32036-062094) AN ORDINANCE amending S36 .1-641, Powers generally, by adding new subsection (f); and S36. 1-642, Review procedure, by amending subsection (a), of Division 2, Architectural Review Board, of Article VII, Administration; and creating new Subdivision G, ND, Neighborhood Design District, to Division 5, Special District Regulations, of Article III, District Regulations, by adding new S36.1-388, Intent; S36.1-389, ,.._~ II IT I rrr~, ,.___0. r.......'.'".,,,., '~_""_""~_~""""""""",'<H',_<", 1"'__"'.'," T , 352 ACTION: ACTION: Desiqnation; S36 .1-390, Application of the district; S36.1-391, Desiqn district requlations; S36.1-392, Procedure for obtaininq a zoninq permit; S36.1-393, Standards for new construction; and S36.1-394, Appeals, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, such amendments to expedite the review and approval of certificates of appropriate- ness for approval of construction activities in the historic and preservation districts and to establish a new neighborhood design district to encourage compatible new construction in areas having historic or unique architectural value. (For full text of Ordinance, see Ordinance Book No. 56, Page 207.) Mrs. Bowles moved the adoption of Ordinance No. 32036-062094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------7. NAYS: None---------------------------------------O. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: PARKS AND RECREATION-DECEASED PERSONS: The Mayor requested that the City Attorney prepare the proper measure memorializing the late M. Carl Andrews. OTHER HEARINGS OF CITIZENS: None. At 3:35 p.m., the Mayor declared the meeting in recess. At 4:45 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members Edwards and Harvey. COUNCIL: With respect to the Executive Session just concluded, Mr. Musser moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any ACTION: 1_. i.L.J.. ,J.L.. 1Ul...~j_.- 'au"-,.~_---'-'-L""~_~,,",,,].-"CE',,~,,,-,--_,__-,--_l.:.... L -_.. " .I.. ~~........ ..........., 353 Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, McCadden, Musser and Mayor Bowers--------------------------------5. NAYS: None---------------------------------------O. (Council Member Edwards left the meeting following the Executive Session.) (council Member Harvey was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that the three year terms of Caroline M. Brown, Rochelle S. Nolan and Frank J. Eastburn as members of the Roanoke Public Library Board will expire on June 30, 1994, and called for nominations to fill the vacancies. Mrs. Caroline Eastburn. Bowles placed in nomination M. Brown, Rochelle S. Nolan the and of J. names Frank There being no further nominations, Ms. Brown, Ms. Nolan and Mr. Eastburn were reelected as members of the Roanoke Public Library Board, for terms of three years each, ending June 30, 1997, by the following vote: FOR MS. BROWN, MS. NOLAN AND MR. EASTBURN: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers---------------------------------------6. (Council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that the three year terms of Ann L. Weinstein, Mark Scala and Harriett M. stokes as members of the Roanoke Arts Commission will expire on June 30, 1994, that Ms. Stokes has declined to serve another term, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Ann L. Weinstein and Mark Scala. There being no further nominations, Ms. Weinstein and Mr. Scala were reelected as members of the Roanoke Arts Commission, for terms of three years each, ending June 30, 1997, by the following vote: n! 1 no'" r'1'T111l'"Tll___nll" _......."-,~..". ,,...... " "...,"',"~..~.......".".,.".' r 1__61.1,. r! T r T' 354 ACTION: ACTION: ACTION: FOR MS. WEINSTEIN AND MR. SCALA: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers-----------------------------------------6. (Council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that the four year terms of LaVerne B. Dillon and Malcolm C. Boggs as members of the Virginia Western Communi ty College Board of Directors will expire on June 30, 1994, that Mr. Boggs has declined to service another term, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the name of LaVerne B. Dillon. There being no further nominations, Ms. Dillon was reelected as a member of the virginia Western Community College Board of Directors, for a term of four years, ending June 30, 1998, by the following vote: FOR MS. DILLON: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers-------------6. (Council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor advised that the three year terms of Elizabeth S. Doughty, Kenneth L. prickitt and William F. Hawkins as members of the Economic Development Commission will expire on June 30, 1994, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Elizabeth S. Doughty and Kenneth L. Prickitt. There being no further nominations, Ms. Doughty and Mr. Prickitt were reelected as members of the Economic Development Commission, for terms of three years each, ending June 30, 1997, by the following vote: FOR MS. DOUGHTY AND MR. PRICKITT: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers------------------------------------------6. (Council Member Edwards was absent.) ACTION: ACTION: 1__ lJi..l ~ .JIolo. LIoI..I~1 ~ ..... '"'-"-'_:",.U1~""''''~I( .."...., U;-'-'_'.L.,'---_JL'l'----".. .. ..~ ...,,,....,,.., 355 OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Mayor advised that the four year term of Harry F. Collins, Jr., and Corbin C. Wilson as members of the Board of Fire Appeals will expire on June 30, 1994, that Mr. Wilson has declined to serve another term, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the name of Harry F. Collins. There being no further nominations, Mr. Collins was reelected as a member of the Board of Fire Appeals, for a term of four years, ending June 30, 1998, by the following vote: FOR MR. COLLINS: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers--------------6. (Council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-CELEBRATIONS-SPECIAL EVENTS: The Mayor advised that the one year terms of Greg Feldmann, Catherine Fox, Pearl Fu, William R. Hackley, Sr., Peter R. Lampman, Sabrina T. Law, Estelle H. McCadden, Samuel G. Oakey, II, Elizabeth Poff, Gary C. Walker, Allen T. Wilson, Donnovan M. Young, James C. Butler and Samuel A. Garrison, III, as members of the Special Events Committee will expire on June 30, 1994, that Mr. Butler has declined to serve another term, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Greg Feldmann, Catherine Fox, Pearl Fu, William R. Hackley, Sr., Peter R. Lampman, Sabrina T. Law, Estelle H. McCadden, Samuel G. Oakey, II, Elizabeth Poff, Gary C. Walker, Allen T. Wilson and Donnovan M. Young. There being no further nominations, Ms. Fox, Ms. Fu, Ms. Law, Ms. McCadden, Ms. Poff and Messrs. Feldmann, Hackley, Lampman, Oakey, Walker, Wilson and Young were reelected as members of the Special Events Committee, for terms of one year each, ending June 30, 1995, by the following vote: FOR MS. FOX, MS. FU, MS. LAW, MS. MCCADDEN, MS. POFF AND MESSRS. FELDMANN, HACKLEY, LAMPMAN, OAKEY, WALKER, WILSON AND YOUNG: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers----------------------6. (Council Member Edwards was absent.) J1'~'ll IT'',I'mI!f,,Il____mr ',"'~""""",'''''' 7' '...,.......,~........~,',',...,.., r Il__W.I:.11 ' 1 T"T ~ 356 ACTION: ACTION: ACTION: Inasmuch as Peter R. Lampman and Donnovan M. Young are not residents of the City of Roanoke, Mr. McCadden moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. White and adopted. OATHS OF OFFICE-COMMITTEES-CITIZENS SERVICES COMMITTEE: The Mayor advised that the one year terms of Raleigh Campbell, Frank W. Feather, Stanley R. Hale, Bernice F. Jones, Harold P. Kyle, Alphonso McCain and Glenn D. Radcliffe as members of the Citizens Services Committee will expire on June 30, 1994, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Raleigh Campbell, Frank W. Feather, Stanley R. Hale, Bernice F. Jones, Harold P. Kyle, Alphonso McCain and Glenn D. Radcliffe. There being no further nominations, Miss Jones and Messrs. Campbell, Feather, Hale, Kyle, McCain and Radcliffe were reelected as members of the Citizens Services Committee, for terms of one year each, ending June 30, 1995, by the following vote: FOR MISS JONES AND MESSRS. CAMPBELL, FEATHER, HALE, KYLE, MCCAIN AND RADCLIFFE: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers-----6. (Council Member Edwards was absent.) Inasmuch as Raleigh Campbell is not a resident of the City of Roanoke, Mr. McCadden moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. White and adopted. OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: The Mayor advised that the one year terms of Frances S. Boon, Betty C. Winfree, Robert N. Fishburn, L. Thompson Hanes, Carl H. Kopitzke and Ralph K. Smith as members of the Mill Mountain Development Committee will expire on June 30, 1994, that Ms. Boon has declined to serve another term, and called for nominations to fill the vacancies. ACTION: ACTION: ~.....I J.I..I ~ . ,...... ,. ~ !oJ.., ~ ' .. . ,,, ..........It. 357 Mrs. Bowles placed in nomination the names of Betty C. Winfree, Robert N. Fishburn, L. Thompson Hanes, Carl H. Kopitzke and Ralph K. Smith. There being no further nominations, Ms. Winfree and Messrs. Fishburn, Hanes, Kopitzke and Smith were reelected as members of the Mill Mountain Development Committee, for terms of one year each, ending June 30, 1995, by the following vote: FOR MS. WINFREE AND MESSRS. FISHBURN, HANES, KOPITZKE AND SMITH: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers-------------6. (council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the one year terms of Robert H. Bennett, Jr., Lucian Y. Grove, Read A. Lunsford, Edgar V. Wheeler, James F. Williams, Terry N. Grimes, Kathy S. Hill, Samuel J. Krisch, II, and Harold L. Shaffer as members of the Flood Plain Committee will expire on June 30, 1994, that Mr. Grimes and Mr. Krisch have declined to serve another term, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Robert H. Bennett, Jr., Lucian Y. Grove, Read A. Lunsford, Edgar V. Wheeler and James F. Williams. There being no further nominations, Messrs. Bennett, Grove, Lunsford, Wheeler and Williams were reelected as members of the Flood Plain Committee, for terms of one year each, ending June 30, 1995, by the following vote: FOR MESSRS. BENNETT, GROVE, LUNSFORD, WHEELER AND WILLIAMS: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers---------------------6. (council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-WAR MEMORIAL: The Mayor advised that the one year terms of Howard E. Musser, W. Robert Herbert, Sloan H. Hoopes, Alfred C. Moore and Thomas R. Plymale as members of the War Memorial Committee will expire on June 30, 1994, that Mr. Plymale has declined to serve another term, and called for nominations to fill the vacancies. JIll' H .,....,...."..,~_.."..,"-,.,'.. " ,.~ ... ".. ...... ,.,"" "."" 358 Mrs. Bowles placed in nomination the names of Howard E. Musser, W. Robert Herbert, H. Sloan Hoopes and Alfred C. Moore. There being no further nominations, Messrs. Musser, Herbert, Hoopes and Moore were reelected as members of the War Memorial Committee, for terms of one year each, ending June 30, 1995, by the following vote: ACTION: FOR MESSRS. MUSSER, HERBERT, HOOPES AND MOORE: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers---------------------------------------6. (Council Member Edwards was absent.) There being no further business, the Mayor declared the meeting adjourned at 4:50 p.m. A P PRO V E D ATTEST: '"" ~ .g, ~ Mary F. Parker City Clerk :5J> _&ctJ~--- David A. Bowers Mayor .-.. 11.:.. I ..... ~ L..Wl. -. ~ I M 11I"""'''''''''- """'_'''_'~u.<._'''''~..,-",-,.'-L.-,..., ...~,.-'-'-... . I.' .. ~ lit .....,.1 . 359 REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL June 27, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, June 27, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden, Howard E. Musser and Mayor David A. Bowers---------------------------------------6. ABSENT: Council Member William White, Sr.-----------------l. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend George E. Stevenson, Pastor, East Gate Church of the Nazarene. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BID OPENINGS SEWERS AND STORM DRAINS-INDUSTRIES: Pursuant to notice of advertisement for bids for sewer line extension in the Roanoke Centre for Industry and Technology, said bids to be received by the City Clerk until 1:30 p.m., on Monday, June 27, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, 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: 11'. ~ _ .,'..,.....",.."'~,.-"",,.."...~'''''.,.H.,''''...'"...N.''''_.-',,, " , ,...,,,..,,., 360 ACTION: ACTION: BIDDER BASE BID J. P. Turner & Bros., Inc. Aaron J. Conner General Contractor, Inc. E. C. Pace Co., Inc. $108,928.00 126,504.20 165 520.00 (For full text, see bids on file in the City Clerk's Office. ) Mr. Harvey 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. Musser and adopted. The Mayor appointed William White, Sr., Chairperson, Ki t B. Kiser and William F. Clark as members of the committee. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Monday, June 6, 1994, were before Council. The following matters were discussed: KPMG Peat Marwick General Audit Plan for Fiscal Year June 30, 1994 Substantive Testing - Real Estate Assessment Billing City-wide Administrative Procedures Records Retention Municipal Auditing Audit Plan for 1995 (For full text, see minutes on file in the City Clerk's Office. ) ACTION: ,",;",~.I... I..... . j....--. , -"-L__ _._-_.__._""""~'''' .................' ..........~ I~ 361 Mrs. Bowles moved that the minutes be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) PUBLIC WORKS-EMERGENCY SERVICES-MANAGEMENT AND BUDGET-SNOW REMOVAL-SCHOOLS-WATER RESOURCES: A report of the City Manager with regard to the status of the City's application for Federal disaster assistance relating to the February 1994 ice storm, was before Council. The City Manager advised that eligible expenditures totalling $256,261. 00 have been recognized by the Federal Emergency Management Agency (FEMA), which expenditures were in the categories of ice storm debris removal ($181,730.00), ice and snow removal/emergency operations ($67,531.00), and repair of the handicapped fishing pier at Carvins Cove ($7,000.00); that individual projects of $42,400.00 or more are considered large projects; that funding for the projects, based on actual eligible costs incurred, is made upon submission and approval of a final claim; that it is anticipated that City Grounds and Streets crews will complete the removal and disposal of brush by August 1994, at which time, a claim will be submitted to FEMA; that total funding will be a Federal Share of 75 per cent and a State share of 24 per cent, leaving a one per cent local share; that in addition, FEMA will reimburse administrative costs in the amount of $6,125.00; that repair of the handicapped fishing pier at Carvins Cove is considered a small project and payment will be made based on the approved estimate of costs; and Federal and State payment in the amount of $6,930.00, or 99 per cent, was received by the City Treasurer on June 9, 1994. It was further advised that seven additional Damage Survey Reports, totalling $107,118.00, have been suspended by FEMA, pending notification of insurance coverage, which reports cover damages to City school buildings; and school officials are working to obtain notification of insurance coverage, and when such information is known, the remaining damage survey reports can be settled. (For full text, see report on file in the City Clerk's Office.) ......1 _"I "!T'I'!I ., om "........, ~~~...~._..~,.. "',.,.,.....,...,,,.,. .r , ~ 362 ACTION: Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) POLICE DEPARTMENT-HOUSING/AUTHORITY-CITY EMPLOYEES- PLANNING-GRANTS: A report of the City Manager advising that on October 11, 1993, Council approved the Community Police Officer/Homeowner Initiative providing Community Development Block Grant loans to qualified police officers for the purchase/rehabilitation of homes within the City's Conservation Areas and Rehabilitation Districts; and he was requested to submit a status report on the program by June 30, 1994, was before the body. The City Manager further advised that nine officers have expressed an interest in the program and contacted the Housing Development Office to obtain additional information; that currently, two officers are pursuing the purchase of homes in need of significant renovations through the program; that one officer has completed a home-ownership education program, selected a specific home within an eligible area, obtained bids from licensed contractors for the cost of renovations to the home, and has been pre-qualified for mortgage financing; and currently the officer is negotiating with the seller to establish the purchase price of the home and is saving funds to be used for a cash down payment. It was explained that the second officer has expressed significant interest in properties involved in a City sponsored home relocation project, however, the officer has not selected a specific home and has not been pre-qualified for mortgage financing at this time; and at this point, it is too early to determine if either of the officers will, in fact, close on the purchase/ rehabilitation of the properties, however, if both purchases close, it is likely that the $42,770.00 in Community Development Block Grant funds currently allocated to the initiative will be committed. (For full text, see report on file in the City Clerk's Office.) ACTION: ACTION: ACTION: ''''~II~'''''''''''''' ~ .. _-'-_n__ __ _.~_~.~.."l..,........"..._'_ .. _.........,.......'" II 363 Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES: A report of qualification of E. Douglas Chittum as a member of the City of Roanoke Pension Plan Board of Trustees, for a term ending June 30, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authori ties, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: ."..... Dn.!I' m"',l'Tm, .___11II" '...H....,......",.. ,..,~""....~-'''..,,',''..,........,.,.,;....... 1,.__a,."rr ... r1 [-1 ,....~,."...,."." 364 AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: FIRE DEPARTMENT-CITY CODE-CITY EMPLOYEES: The City Manager submitted a written report advising that a substantive testing audit of the Roanoke City Fire Department system of recording leave time was conducted by Municipal Auditing and reported to the City's Audit Committee on October 4, 1993, in accordance with Section 2S.2(e) of the Roanoke City Charter; that due to special time reporting requirements for firefighters on the three platoon system, the Fire Department maintains official leave records for their employees, which records include documentation supporting hours worked, leave time earned, and leave time taken; and records are maintained manually by the Fire Department logistics supervisor. It was further advised that the City Code and Personnel Operating Procedures require firefighters on the three platoon system to record single rest days between two consecutive days of vacation as vacation taken, and all rest days between two consecutive sick days are recorded as sick days taken; that if days of leave are not taken consecutively or are broken with another type of leave, the rest days are not recorded as leave taken; that the leave recording system does not always treat personnel fairly because vacation and/or sick leave is not always based on the actual time taken off; that Fire Department command staff has briefed employees who are on the platoon system regarding the Municipal Auditor's findings and recommended changes to ""~I,,~""l........ ~ " L __."._._,..",.t1'._MF"~'_ .. ........I........,~.oIII,..,~ 365 the system; and a extended illness mandatory for new recommended change. new leave plan for paid leave and leave, adopted July 1, 1992, is employees and compatible with the The City Manager recommended establishment of a leave recording system for firefighters on the three platoon system which incorporates the following: The charging method is hour for hour leave time charged for scheduled work hours, with rest days not charged to leave time. Accrual of vacation leave is according to cumulative years of follows: determined service as Cumulative Years Of Service Monthly Accrual Hours Working Hours Leave Working Days of Per Year Leave Per year o to 5 5 to 10 10 to 20 30 to 30 30 or more 16 20 24 28 32 192 240 288 336 384 8 10 12 14 16 Vacation balances as of June 30, 1994, shall be converted to the new system specified above by multiplying the "old" vacation balance by 2/3. Fire Suppression personnel may carryover unused vacation leave from one fiscal year to the next up to a maximum of 480 hours. Upon termination, Fire Suppression employees shall be paid for unused vacation leave hours by multiplying the balance (not to exceed 480 as stated above) by the regular rate. Sick leave renewal on July 1 of each year according to continuous years of service is outlined as follows: .', 'n ,rr~,Tlr m' I"I'II'L 111.__11I -..,........., ~1'" --,......,,,.."',...,,,.,......., .,.__..., I 1111 "... 366 ACTION: Cumulative Years Working Hours Working Days of Of Service Leave Per Year Leave Per year 1/2 to 1 72 3 1 to 2 144 6 2 to 5 264 11 5 to 10 504 21 10 to 15 624 26 15 to 20 744 31 20 to 25 864 36 25 to 30 984 41 30 or more 1,104 46 (For full text, see report on file in the City Clerk's Office. ) Mr . Harvey ordinance: offered the following emergency (#32071-062794) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), by amending subsections (b), (f), (g) and (h) of Section 2- 49, Same -- Vacation leave and subsection (a) of Section 2-51, Same For employees of Fire Department by revising the vacation leave and sick leave accrual rate and usage requirements for certain members of the Fire Department; authorizing an adjustment of accrued vacation leave for such employees; and providing for an emergency and effective date. (For full text of Ordinance, see Ordinance Book No. 56, page 228.) Mr. Harvey moved the adoption of Ordinance No. 32071-062794. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) BUDGET-HOUSING/AUTHORITY-PLANNING-INDUSTRIES-GRANTS: The City Manager submitted a written report advising that on May 9, 1994, Council authorized filing of a Community Development Block Grant (CDBG) application with the U. S. Department of Housing and Urban Development (HUD) for "'",;"~"" w...~ ,..............i 367 fiscal year 1994-95, pursuant to Resolution No. 31977- 050994; that HUD approval of the City's fiscal year 1994- 95 CDBG application was received, pursuant to correspondence dated June 10, 1994; that grant approval is for the amount requested by the City of $2,276,000.00; that the appropriation includes $582,100.00 in expected CDBG program income from parking receipts, City of Roanoke Redevelopment and Housing Authority rehabilitation loan repayments, Cooper Industries land lease, Coca-Cola UDAG loan repayment, miscellaneous loan repayments and repayments from the Home Ownership Assistance Program, for a total appropriation of $2,858,100.00; and in addition, $64,767.00 needs to be transferred from older projects to projects included in the fiscal year 1994-95 CDBG program. The City Manager recommended that Council approve the following actions: Adopt a resolution accepting the fiscal year 1994-95 Community Development Block Grant funds approved by the U. S. Department of Housing and Urban Development and authorize the City Manager to execute the requisite grant agreement, funding approval and any other forms required by HUD, on behalf of the City, in order to accept such funds. Appropriate $2,858,100.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance ($2,276,000.00 CDBG entitlement and $582,100.00 projected program income) as detailed in Attachment B to the City Manager's report. Transfer $64,767.00 from older accounts to Grant Fund accounts as detailed in Attachment C to the City Manager's report. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (#32072-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 231.) 11[,.[1 nr 11m: 1.__Il~ "",...."~......"_..;~.".. .,,'-"~. ~~ ......,~.... ..._....,h..."....... ., .,.__. ..,.. , 11 T.T ,.., 368 ACTION: ACTION: Mr. Musser moved the adoption of Ordinance No. 32072-062794. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) Mr. Musser offered the following resolution: (#32073-062794) A RESOLUTION accepting the Fiscal Year 1994-95 funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 56, page 237.) Mr. Musser moved the adoption of Resolution No. 32073-062794. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) HUMAN DEVELOPMENT-Y.M.C.A.-HOUSING/AUTHORITY-GRANTS- YOUTH: The City Manager submitted a written report advising that Council authorized a grant, in the amount of $20,000.00, to the Y.M.C.A. of Roanoke Valley, Family Center Branch, for the Top Gun Summer Day Camp, as a part of the Community Development Block Grant (CDBG) application approved by Council on May 9, 1994, pursuant to Resolution No. 31977-050994; and the City has received U. S. Department of Housing and Urban Development (HUD) approval of the CDBG application by correspondence dated June 10, 1994. It was further advised that the project is proposed by the Y.M.C.A. of Roanoke Valley, Family Center Branch, to provide a summer day camp for 60 low to moderate income children, five to 13 years of age, who reside in public housing; that the focus of the Y.M.C.A. Top Gun Summer Day Camp will be to provide recreational, educational and social activities to camp participants; ACTION: ""'+I~~,l"'" ,a__... _"'._.' _______~_':."...._....'''' .4..._.........,~...".Ho 369 and an administrative agreement between the City and the Y.M.C.A. is necessary to enable the funds to be obligated to the project. The City Manager recommended that he be authorized to execute an agreement with the Y. M. C. A. of Roanoke Valley for the Top Gun Summer Day Camp. (For full text, see report on file in the City Clerk's Office. ) Mr. McCadden offered the following resolution: (#32074-062794) Manager to execute an Valley, Inc. ("YMCA), Day Camp. A RESOLUTION authorizing the City agreement with the YMCA of Roanoke to provide for the Top Gun Summer (For full text of Resolution, see Resolution Book No. 56, page 238.) Mr. McCadden moved the adoption of Resolution No. 32074-062794. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) BUDGET-HUMAN DEVELOPMENT-CITY EMPLOYEES-GRANTS- YOUTH: The City Manager submitted a written report with regard to continuation of the Office on Youth Grant No. 93-1-21, advising that the grant was first officially awarded to the City under the Virginia Delinquency Prevention and Youth Act on June 17, 1980; that the fiscal year 1993-94 youth grant application was submitted to the Department of Youth and Family Services in May 1993, and the original total grant budget of $55,004.87 required a local cash match of $13,335.87; that an additional $1,146.00 has been awarded to the Office on Youth from the Department of Youth and Family Services as a one-time only dispersal fund; that the money must be spent by June 30, 1994, and Council's acceptance of the additional State is required, with no additional local cash match being required. 81.11 m 1. '" ..___,.. ........." -'~....""'-........."....,....".,..'''.,:.''.,..-..,.,."..,,' ''T , .....~..,.",.,,-'. 370 It was further advised that the amendment will provide ~or continuation of coordination, planning, and program ~mplementation of the Office on Youth; and the fiscal year 1993-94 amended grant budget is as follows: Budget state Local Cash Cateqory Funds Match In-Kind Total Personnel $36,073.50 $ 8,825.87 - 0 - $44,899.37 Training & Development 1,243.25 500.00 - 0 - 1,743.25 Supplies/ Operating Expenses 1,748.25 4,010.00 3,750.00 9,508.25 Total $39,065.00 $13,335.87 $3,750.00 $56,150.87 It was explained that the in-kind match of $3,750.00 is available through the use of office space rental in the Community Planning Office and can be used to match additional State funding, with no additional cash match required; and local match, cash/in-kind must equal a minimum of 25 per cent of the total budget request. The City Manager recommended that he, or his designee, be authorized to execute the appropriate document, accepting the amendment to the grant; and that Council authorize appropriation of additional funds to a grant fund expenditure account and increase the revenue estimate as follows: Account No. 035-054-8831-2030 Administrative Supplies $1,146.00 (For full text, see report on file in the City Clerk's Office. ) Mr. Harvey offered the following emergency budget ordinance: (#32075-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 239.) ACTION: ACTION: "'~i"lM~iIi.wi.'''''''''' .... "'._L_ _ _ _..;....."..............'"'..._ " .....~..IuI,f........,oiII~ it 371 Mr. Harvey moved the adoption of Ordinance No. 32075-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) Mr. McCadden offered the following resolution: (#32076-062794) A RESOLUTION authorizing execution of the necessary documents to accept an increase in funding to the Office on Youth Grant for FY 1993-1994 (Grant Award #93-1-21) from the Department of Youth and Family Services. (For full text of Resolution, see Resolution Book No. 56, page 240.) Mr. McCadden moved the adoption of Resolution No. 32076-062794. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) HUMAN DEVELOPMENT-HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-GRANTS: The City Manager submitted a wri tten report advising that the City Manager's Task Force on Homelessness studied the homeless and low-income housing situation in Roanoke and presented its findings and recommendations in a comprehensive report in April 1987 entitled, "No Place To Call Home"; that the City Manager appointed a Follow-Up Task Force to evaluate how well the recommendations contained in the initial report were implemented and to recommend new activities based on future funding; and the task force continues to meet on a regular basis and has changed its name to the City Manager's Committee on Homelessness. It was further advised that Council has accepted Emergency Shelter Grants Program entitlement funds totalling $203,000.00 since 1987 which have been allocated under the Stuart B. McKinney Homeless Assistance Act, from the U. S. Department of Housing and ..- lI~iTl~ Di 'l'I.~n,..II;__1I ........',...~._... ...... """ r~ ....."." "..".'-........"."..... I .1__nllll,lr 11 r 1 372 Urban Development; and Council accepted 1994 Emergency Shelter Grants Program entitlement funds of $61,000.00 on April 11, 1994, pursuant to Resolution No. 31950-041194 through the Stuart B. McKinney Homeless Assistance Act. The City Manager explained that funds allocated under the Stuart B. McKinney Homeless Assistance Act must be used for the payment of maintenance, operations (including rent, but excluding staff), insurance, utilities, and furnishings, with limited funds for essential services including but not limited to employment, health, substance abuse education and food, development and implementation of homeless prevention activities, and past uses have included renovation and major rehabilitation; and the City invited applications or proposals from local agencies to ensure that all interested organizations had an opportunity to submit funding requests with a deadline of May 9, 1994, to submit applications. The City Manager advised that proposals for funding were submitted by Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc., Blue Ridge Community Services and Total Action Against Poverty; whereupon, he recommended that Council allocate Emergency Shelter Resource Funds, in the amount of $61,000.00, as follows: $12,000.00 Roanoke Area Ministries $13,320.00 Roanoke Valley Trouble Center, Inc. (TRUST) $33,180.00 $ 2,500.00 Total Action Against Poverty Blue Ridge Community Services (For full text, see report on file in the City Clerk's Office. ) Mrs. Bowles offered the following resolution: (#32077-062794) A RESOLUTION concurring in the recommendation of the City Manager's Committee on Homelessness as to the allocation of Emergency Shelter Resource Funds, and authorizing the execution of the subgrant agreements with Roanoke Area Ministries, Roanoke Valley Student Trouble Center, Inc., Total Action Against Poverty in Roanoke Valley, and Blue Ridge Community Services to administer the funds. (For full text of Resolution, see Resolution Book No. 56, page 241.) ACTION: '''''~I~.IIlI.L....... _ _...... .._. ___ '...".10'......,". 373 Mrs. Bowles moved the adoption of Resolution No. 32077-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) BUDGET-HUMANDEVELOPMENT-GRANTS-YOUTH-SCHOOLS: The City Manager submitted a written report advising that the Comprehensive Services Act for At-Risk Youth and Families (CSA) established, effective July 1, 1993, a pool of State funds to be expended for public or private non- residential or residential services for the targeted population of troubled youth and families; that the CSA mandates services for foster care children and for children whose Individualized Education Plan mandates specialized private day or residential educational programs; and the CSA State Funds Pool allocation for Roanoke City for the period July 1, 1993 through June 30, 1994, is as follows: State Funds: Local Funds: $1,983,352.00 1,218,835.00 Total Allocation $3,202,187.00 It was further advised that the Roanoke Interagency Council has determined that in addition to the aforementioned State Funds Pool Allocation, supplemental funds in the amount of $1,110,121.00 ($802,852.00 State funds and $307,269.00 Local funds), will be needed for the period July 1, 1993 through June 30, 1994; and on June 28, 1993, Council appropriated funds for the aforementioned CSA initial State Funds Pool Allocation and for the projected Supplemental Allocation as follows: State Funds: Local Funds: $2,786,204.00 1,526,104.00 Current Budgeted Funds $4,312,308.00 It was pointed out that the cost of services for targeted at-risk youth and their families was underestimated by $320,336.00 ($231,667.00 State funds and $88,669.00 local funds), for fiscal year 1993-94; that during the current fiscal year, children coming into care have needed a higher level of service which could be [[,n ~ trr'l! rmT.II;.__IIII....'.' r" I ~__IIlDI. , ~ 11 I T 1f-~'" 374 ACTION: provided only by placement in specialized foster care or in a therapeutic residential facility; and the State Department of Education, the State fiscal agent for the Comprehensive Services Act, will reimburse $231,667.00 of the amount, and the City is required to provide a local cash match of $88,669.00. The City Manager recommended that Council approve the request for additional funds and authorize the Director of Finance to increase the revenue estimate in Account No. 001-020-1234-0692 by $231,667.00, and increase appropriations in Account No. 001-054-5410-3170 by $231,667.00; and transfer $88,669.00 from the CSA Contingency Account No. 001-002-9410-2244, to CSA Expenditure Account No. 001-054-5410-3170. (For full text, see report on file in the City Clerk's Office. ) Mr. McCadden offered the following emergency budget ordinance: (#32078-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 242.) Mr. McCadden moved the adoption of Ordinance No. 32078-062794. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) PARKS AND RECREATION-SPECIAL PERMITS-SWIMMING POOLS: The City Manager submitted a written report advising that the United States Swimming/Virginia Swimming, Inc. "State Swim" Meet will be held on Friday, Saturday and Sunday, July 8 - 10, 1994, at Fallon Park Swimming Pool; and Roanoke Valley Swimming, Inc., "Gators" will host the sanctioned swim meet for youth for the second year in Roanoke. ACTION: ""NI~-""'" . :~.~ ~- .- .---.:---""".............,. .'-_:.. --'- .................,llIlo<>oiIIiI ilo 375 It was further advised that the City has been requested by Roanoke Valley Swimming, Inc., to permit the sale of swimming related merchandise, food and non- alcoholic beverage concessions during the swim meet; that pursuant to Section 24-5, Concessions, of the Code of the City of Roanoke (1979), as amended, only Council may allow concession privileges unless publicly advertised for sealed bids; and the Parks and Recreation Department has agreed, subject to Council's approval, to defer the Ci ty' s concession rights during the swim event as a gesture of cooperation and support of the "Gators". The City Manager recommended that Council grant concession privileges to Roanoke Valley Swimming, Inc., "Gators" to sell swim related merchandise, food items, and non-alcoholic beverages at Fallon Park Swimming Pool on July 8 - 10, 1994, and further authorize the City Manager to execute a concession agreement, in a form to be approved by the City Attorney, with Roanoke Valley Swimming, Inc. (For full text, see report on file in the City Clerk's Office. ) Mrs. Bowles ordinance: offered the following emergency (#32079-062794) AN ORDINANCE awarding limited concession privileges at Fallon Park Swimming Pool, upon certain terms and conditions; authorizing the execution of the requisite concession agreement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 243.) Mrs. Bowles moved the adoption of Ordinance No. 32079-062794. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers-----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) ,,11".11.11 III'!TIIlmfl:r. .__11I" ".r.....'.;.,."'...,..,.. "-..........~'""".,,;,.""'--...".......,.....,.-- I ,.__11_'. IF 1 T r, ,..-' ..""..!.,." 376 BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS- CMERP-EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that the Fire Department Emergency Medical Services First Responder Programs have been implemented at the following fire stations: March 1991 Fire Station 4 (Deyerle Road) and Fire Station 11 (Garden City) April 1992 Fire Station 14 (460 East) February 1993 - Fire Station 13 (Peters Creek Road) November 1993 Fire Stations 2 (Noble Avenue) January 1994 Fire Station 10 (Aviation Drive) It was further advised that response times to medical emergencies have been improved by implementing first responder programs in these areas by as much as three to four minutes. It was explained that a 50/50 grant has been received, in the amount of $24,482.50, through the Rescue Squad Assistance Fund to purchase seven automatic defibrillators for the Fire Department First Responder Program, and grant funding must be utilized prior to December 31, 1994; that engine companies 2, 4, 10, 11, 13 and 14 are currently equipped with an automatic or semi- automatic external defibrillator; and local matching funds, in the amount of $24,482.50, have been approved to purchase seven units in the 1993-94 Capital Maintenance and Equipment Replacement Program, which units would be assigned to engine companies 3, 5, 6, 7, 8, 9 and 12. The City Manager recommended that Council approve the following actions: adopt a resolution accepting the Rescue Squad Assistance Fund Grant and authorize the City Manager to execute the grant agreement; appropriate State funds, in the amount of $24,482.50, to Grant Fund Account No. 035-050- 3340-9015, and increase the Grant Fund revenue estimate in the amount of $24,482.50; and ACTION: ACTION: "'I~"'I~MoliI"""'" _,-_.X' "............ ~ .. __",..j.,.-..",-It 377 appropriate local matching funds from General Fund Capital Maintenance and Equipment Replacement Program, in the amount of $24,482.50, to Grant Fund Account No. 035-050- 3340-9015. (For full text, see report on file in the City Clerk's Office. ) Mr. Harvey offered the following emergency budget ordinance: (#32080-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 244.) Mr. Harvey moved the adoption of Ordinance No. 32080-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) Mr. Harvey offered the following resolution: (#32081-062794) A RESOLUTION authorizing the acceptance of a Rescue Squad Assistance Grant made to the City of Roanoke by the Commonwealth of Virginia, Department of Health, Division of Emergency Medical Services Rescue Squad Assistance Fund and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. (For full text of Resolution, see Resolution Book No. 56, page 246.) Mr. Harvey moved the adoption of Resolution No. 32081-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: ,.-. ~'.!I m ;i:lllIl ,II__IU ..~,..,."",,,, ._....~;"~';-,.. ,-...-.".;,' , l__lllOI'.I, . 111 T ~.., 378 ACTION: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------'------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) EQUIPMENT-WATER RESOURCES: The City Manager submitted a written report advising that bids are received annually on a fiscal year basis, for supplying to the City estimated quantities of ductile iron water pipe, which represent anticipated needs for a period of one year; that four bids were received and evaluated in a consistent manner on June 9, 1994, in the Office of General Services; whereupon, the City Manager recommended that Council accept the lowest responsible bid submitted by Griffin Pipe Products Co., for a total bid price of $309,559.00, for the period July 1, 1994 through June 30, 1995; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office. ) Mrs. Bowles offered the following resolution: (#32082-062794) A RESOLUTION accepting the bid of Griffin Pipe Products Co., made to the City for furnishing and delivering ductile iron water pipe; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 56, page 246.) Mrs. Bowles moved the adoption of Resolution No. 32082-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) BUDGET-CLERK OF COURTS-CIRCUIT COURT-CMERP- EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for a mobile storage system for the Office of the Clerk of the Circuit Court, which consists of high density file and storage ACTION: I',~'~I~"""""'" ,--" __,.__.~_, .-"''''...'...._'.~_c -' .. ,...............'_..~.~ 379 equipment that will provide for increased storage capacity for required files that are located in the Office of the Clerk of the Circuit Court; that following proper advertisement, two bids were received and opened in the Office of General Services on June 8, 1994; whereupon, the City Manager recommended that Council approve the following actions: accept the lowest bid submitted by Spaces aver Storage Systems, Inc./Business Equipment & System, Inc., for a total cost of $42,400.00; appropriate $26,900.00 from Capital Maintenance and Equipment Replacement Program to Clerk of the Circuit Court Account No. 001- 028-2111-9015; transfer $11,000.00 from Clerk of the Circuit Court Account No. 001-028-2111-2030 to Account No. 001-028-2111-9015; $4,500.00 currently exists in Clerk of the Circuit Court Account No. 001-028-2111-9015; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office. ) Mr. Musser offered the following emergency budget ordinance: (#32083-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 247.) Mr. Musser moved the adoption of Ordinance No. 32083-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) ;!II"t;!n r. 11':]1, IJllI.."II..__mr T....."-....,"...." ^...~_~"..."..,..'".~,...."....."..""'...o r .__11[;' I. "I T I 1 'T y" 380 ACTION: Mr. Musser offered the following resolution: (#32084-062794) A RESOLUTION accepting a bid made to the City for furnishing, delivering and installing a mobile storage system in the Clerk's Office of the Circuit Court; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 56, page 248.) Mr. Musser moved the adoption of Resolution No. 32084-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) BUDGET-TRAFFIC-CITY MARKET-STATE HIGHWAYS-BRIDGES- NORFOLK SOUTHERN CORPORATION-HOTEL ROANOKE CONFERENCE CENTER-CONSULTANTS REPORTS-STREETS AND ALLEYS-VIRGINIA TECH: The City Manager submitted a written report advising that on March 1, 1993, Council requested the Virginia Department of Transportation (VDOT) to program a project for a pedestrian overpass above the Norfolk & Western Railway tracks to connect between The Hotel Roanoke Conference Center area and the Historic Market area, pursuant to Resolution No. 31361-030193, which project was subsequently programmed by VDOT into its updated Six-Year Improvement Program; that project schedule for the bridge has been accelerated to improve public safety, pedestrian access and traffic flow in connection with the opening of The Hotel Roanoke/ Conference Center in the spring of 1995; and the virginia Department of Transportation has been extraordinarily cooperative in its scheduling of many project-related activities. It was further advised that design work for the bridge is now complete following coordination with various public agencies and affected property owners; that the cost of project construction is now estimated at $3.2 million which is shared on a 98 per cent VDOT and two per cent City basis for project eligible expenses; that an estimated $135,000.00 is needed at 100 per cent City expense to construct the loggia (covered walkway) which will connect the northern terminus of the bridge to "I*'*'jI..............j;" ~~ ,,""'.........,..J 381 the Conference Center; that a resolution adopted by Council approving the location and major design features of the proposed project as presently designed will enable VDOT to advertise the project for construction as early as July 26, 1994; that a three-party agreement between the City, VDOT, and Norfolk and Western Railway Company is needed, and by virtue of executing the agreement, the City will accept the easement for the bridge over the railway, as well as title and full maintenance responsibility for the structure; and the agreement also acknowledges that upon completion of the bridge project, the railroad will close and remove the existing at-grade pedestrian crossing at Jefferson Street. The City Manager explained that supplemental agreements to the contract with Hayes, Seay, Mattern and Mattern, Inc., (proposed Amendments Nos. 2 and 3) are needed inasmuch as what started out as a pedestrian bridge extending from the First Union Parking Garage to The Hotel Roanoke site on Shenandoah Avenue has grown to include an extension to the Hotel's entrance drive, a North Pavilion at the drive, and a loggia connection to the Conference Center; and proposed amendments address the following: Amendment No.2 (project expense 98 per cent VDOT and two per cent City) presentations to Downtown Roanoke, Incorporated, City officials and The Hotel Roanoke Conference Center Commission, development of a revised concept design, an additional public workshop to present the revised concept design, design of the bridge extension to the Hotel Drive and the North Pavilion, coordination of the design with the Virginia Department of Historic Resources, convert contract drawings to standard VDOT sheet size from Hayes, Seay, Mattern and Mattern, Inc., (HSMM) standard sheet size and convert HSMM standard specifications to VDOT system, preparation of Railroad Signal Sight Distance Study, 11lUi,llf J[~I,I,nIl 11___18 T..""k.,,'''...,......... iF _""'"<"""""""''''''1 '__lllBI.I, ,I [ T ".... 382 design studies to obtain approval of First Union Tower owners, and preparation of resubdivision and subdivision plats for right-of-way associated with bridge construction. Amendment No.3 (100 per cent City expense): design of the loggia and modifications to the canopy over the Conference Center entrance and the motor court, and historical research for the loggia design and coordination of the design with the virginia Department of Historic Resources. It was pointed out that the Shenandoah Avenue streets cape design is also needed as a separate, yet related, project; that design fees for plans and specifications suitable for bidding have been established at a cost of $13,700.00; and a purchase order could be awarded to Mattern & Craig, Inc., if funds are transferred from Undesignated Capital Funds to a capital account for said purpose. The City Manager recommended that Council concur in the following actions: approve the location and major design features of the Pedestrian Bridge, from 0.01 mile south of Norfolk Avenue to 0.03 mile north of Shenandoah Avenue, as presently designed; authorize the City Manager to execute, on behalf of the City, the three-party agreement with the Virginia Department of Transportation and Norfolk & Western Railway Company, as well as all other necessary railroad and utility agreements required in conjunction with the project; authorize Amendment Nos. 2 and 3 of the engineering services agreement with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the Pedestrian Bridge Project to provide an increase of $120,706.00, for a total not to exceed $441,624.67, subject to VDOT approval; ACTION: .. """I"'~M.IIIli""" "._,~'-----~_.._-- .-'-,"".,"..'.........,,-,- '....~...,......,H,I/. 383 appropriate $122,719.00 to "Pedestrian Bridge & Atrium" account, with the City's share of $22,069.00 available in Undesignated Capital Funds and $100,650.00 to be reimbursed by the Virginia Department of Transportation; and appropriate $13,700.00 to a new account to be entitled, "Shenandoah Avenue Streetscape" from Undesignated Capital Funds. (For full text, see report on file in the City Clerk's Office. ) Mr. Harvey offered the following emergency budget ordinance: (#32085-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 249.) Mr. Harvey moved the adoption of Ordinance No. 32085-062794. The motion was seconded by Mr. Musser. The Director of Public Works, William F. Clark, advised that since March 1, 1993, plans have been racing toward completion of renovations to The Hotel Roanoke in an attempt to have the pedestrian bridge ready and useable; and the spring of 1995 will mark an unprecedented 27 months for completion of a virginia Department of Transportation project, although highway projects do not normally move this rapidly and it has been with the utmost cooperation of VDOT that the project will be completed in such an expeditious manner. He called attention to concurrence by numerous groups in the design of the project such as City Council, the Architectural Review Board, the City Planning Commission, Downtown Roanoke, Inc., and Roanoke Arts Commission, as well as other groups that have a personal interest in the design of the pedestrian bridge project, including the Hotel Roanoke Conference Center Commission, virginia polytechnic Institute and State University, and the Virginia Department of Transportation. John J. Stephenson representing the firm of Hayes, Seay, Mattern and Mattern, Inc., Architects and Engineers, presented an oral briefing on the design of the Hotel/Conference Center project. 111I.[llfI, E'm;111lT 11___10 "~,-,,"....~..,.,. "'-".~," ., ~~ .......-.,'".',.,."~,~ ,..,~,..,.,,' I '_MO.."! ~ 11 [ T 384 ACTION: Ms. Helen E. Davis, 35 Patton Avenue, N. E., inquired about pedestrian access to downtown Roanoke since the City Manager's report states that Norfolk Southern will close and remove the existing at grade pedestrian crossing at Jefferson Street; whereupon, the City Manager advised that the pedestrian access across Norfolk Southern tracks is not a public access inasmuch as Norfolk Southern Railway installed the pedestrian access at its cost for use by its employees; that there is no existing agreement in terms of public access, and notification by Norfolk Southern of its intent to remove the pedestrian access was a courtesy that was extended to the City. In connection with pedestrian access to downtown, he called attention to Shenandoah Avenue where there will exist both a glass enclosed elevator and/or stairway that will provide 24 hour per day access off of Shenandoah Avenue, and the First Street Bridge will continue to be maintained for pedestrian activity. Ordinance No. 32085-062794 was adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) Mr. Harvey offered the following resolution: (#32086-062794) A RESOLUTION approving the major design features of the new pedestrian bridge between The Hotel Roanoke Conference Center and the Historic Market Area; authorizing the execution of an Agreement with the Virginia Department of Transportation and the Norfolk and Western Railway Company relating to the construction, operation and maintenance of such pedestrian bridge; and authorizing the execution of all other necessary railroad and utility agreements required in connection with this project. (For full text of Resolution, see Resolution Book No. 56, page 251.) Mr. Harvey moved the adoption of Resolution No. 32086-062794. The motion was seconded by Mr. Musser and adopted by the following vote: ACTION: ACTION: "'~'~I~-' ,- -"':.:..1 '.'~"___m__ _". '''...............-'_-'-__--'--_____.___.:.:.._ 385 AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) Mr. Harvey offered the following resolution: (#32087-062794) A RESOLUTION authorizing the execution of Amendment Number 2 and Amendment Number 3 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services to be performed in connection with the design of the Pedestrian Bridge and Atrium Project. (For full text of Resolution, see Resolution Book No. 56, page 252.) Mr. Harvey moved the adoption of Resolution No. 32087-062794. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of May, 1994. (For full text, see financial report on file in the City Clerk's Office.) Mr. Harvey moved that the financial report be received and filed. The motion was seconded by Mr. McCadden and adopted. REPORTS OF COMMITTEES: CITY JAIL-CITY PROPERTY-ASBESTOS REMOVAL: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for asbestos abatement at the former Data Safe, Inc. and Miller, Morgan & Company buildings located at 330 and 340 ,.q~ !linrTU(Ili,l~II;llt.II;_1I1 t.....".~."' '''''''-'~'''''~'""'~-~'''''.'''''I __I,ll . 1111. ,'"'' ",., 386 ACTION: West Campbell Avenue, presented a written report on behalf of the Committee, recommending that Council concur in the following actions: authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with HICO, Inc., for asbestos abatement in the Data Safe, Inc., and Miller, Morgan & Company buildings, in accordance with contract documents as prepared by HDH, Architecture, Engineering, Environmental, in the amount of $15,550.00, and 30 consecutive calendar days to complete the work; authorize the Director of Finance to encumber the following amounts in City Jail Expansion Account No. 008-052-9685-9065: Contract Price Project Contingency Total Project Account $15,500.00 1,000.00 $16,500.00 reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office. ) Mr. Musser ordinance: offered the following emergency (#32088-062794) AN ORDINANCE accepting the bid of HICO, Incorporated, for asbestos abatement and related work at the Data Safe and Miller Morgan buildings, in connection with the jail annex project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 253.) Mr. Musser moved the adoption of Ordinance No. 32088-062794. The motion was seconded by Mr. McCadden and adopted by the following vote: ACTION: f,,,'"I~-''''' .<l..Lu.....__..________ """'ItI,...........L_~ . "._*,j.M"""fi ~ 387 AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT- DECEASED PERSONS: Mr. Musser offered the following resolution memorializing the late M. Carl Andrews, former editorial page editor of The World-News and community leader: (#32089-062794) A RESOLUTION memorializing the late M. Carl Andrews. (For full text of Resolution, see Resolution Book No. 56, page 254.) Mr. Musser moved the adoption of Resolution No. 32089-062794. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Council Member Edwards requested that the City Attorney prepare the proper measure commending Dominick Millner, a 1994 graduate of William Fleming High School, who placed first in the Long Jump at the American Airlines National Scholastic Outdoor Track and Field Championship which was held in Raleigh, North Carolina, on Sunday, June 19, 1994. OTHER HEARINGS OF CITIZENS: ""'''~r,rTllIlI.._I'l'' !rm--...1.111 -.........'~..',," 388 ACTION: SIDEWALK/CURB AND GUTTER-COMPLAINTS: Mr. George E. Rogers, 1311 Orange Avenue, N. W., appeared before Council and advised that due to street paving, practically no curb exists in certain portions of the 1200 and 1300 blocks of Orange Avenue, that following heavy rains, water run-off causes debris to build up in front of homes, and requested that the City address the problem. Wi thout objection by Council, the Mayor advised that the matter would be referred to the City Manager for appropriate response. At 3:05 p.m., the Mayor declared the meeting in recess. At 4:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member White. COUNCIL: With respect to the Executive Session just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers----------------------6. NAYS: None---------------------------------------O. (Council Member White was absent.) AIRPORT-OATHS OF OFFICE-COMMITTEES: The Mayor advised that there is a vacancy on the Roanoke Regional Airport Commission, created by the resignation of Joel M. Schlanger, for a term ending March 9, 1998, and called for nominations to fill the vacancy. Mr. Harvey placed in nomination the name of Claude N. Smith. There being no further nominations, Mr. Smith was elected as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 1998, by the following vote: ACTION: ACTION: ACTION: ACTION: '.......1 J.LJI. ""lWllo' "".<t,."-'- ___"_=",,,,~..,,,.~, .._..!HI.j"',~"" 389 FOR MR. SMITH: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------6. (Council Member White was absent.) Inasmuch as Mr. Smith is not a resident of the City of Roanoke, Mr. McCadden moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Musser and adopted. OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that the three-year term of J. Lee E. Osborne as a member of the Fifth Planning District Commission will expire on June 30, 1994, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of J. Lee E. Osborne. There being no further nominations, Mr. Osborne was reelected as a member of the Fifth Planning District Commission, for a term of three years, ending June 30, 1997, by the following vote: FOR MR. OSBORNE: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers--------------6. (Council Member White was absent.) Inasmuch as Mr. Osborne is not a resident of the City of Roanoke, Mr. McCadden moved that the City residency requirement for persons serving on authori ties, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Musser and adopted. There being no further business, the Mayor declared the meeting adjourned at 4:05 p.m. A P PRO V E D ATTEST: ,",,~1.f2.~ Mary F. Parker City Clerk 3~ O. il'DI.II', Jj"Hr,IJII[",II.___11'f ,,",.,;:r. '-'~~_~"""''''''''''''''''F'''''''''' I ~__UJ.1I1;.1, lIlT "..,. ... ~......... UI. 1I.............l......M..'....t CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 DAVID A. BOWERS Mayor September 26, 1994 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(l), Code of Virginia (1950), as amended. Sincerely, ~~O~ Mayor DAB: se . I,:UIIIILI, II il.I.III. 11___10 ..........">...~.,, ,..,~....._~_..~,. .,....... JL..I.~...... AlL I loW. , !Wi ...,....'''.'.1.,.-''-'. ".~...,""__..,""""'.:..-. ...-'..... ~...,"<_.".. / CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 240 II Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #207-277-450 R. Matthew Kennell Executive Director Downtown Roanoke, Inc. 310 First Street, S. w. Roanoke, Virginia 24011 W. Robert Herbert City Manager Roanoke, Virginia Gentlemen: I am enclosing copy of a communication from Mayor David A. Bowers recommending appointment of a task force to contact representatives of the theater industry to encourage development of cinemas in downtown Roanoke, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. On motion, duly seconded and adopted, the communication was referred to you for appointment of a task force to encourage development of cinemas in downtown Roanoke. Sincerely, ~f J:-. ~ Mary F. Parker, CMC / AAE City Clerk MFP : sm Enc. -- --"TI1T1II1IT1- .....,.,,-..-. "1...., ~~ ~ _.""- .... ~" '" ...~.Ill ..,.,....wJ...j'h"'.'.'" CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 DAVID A. BOWERS Mayor September 19, 1994 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: During my "State of the City" speech, I mentioned in my discussions about the development of downtown attractions the possibility of bringing cinemas back to downtown Roanoke. On a recent Thursday evening, I visited a book store, a restaurant, and a coffee shop in downtown Roanoke and was pleased to see so many hundreds of people from the area enjoying our safe and vibrant City Market area. Downtown Roanoke is the entertainment center for our region, and I believe it is time for us to begin an intensive effort, in conjunction with our downtown rail park effort, to lure the movie theaters back to our downtown area. Accordingly, I am respectfully requesting that this letter be placed on the Consent Agenda at the next regular meeting of Council to be held on Monday, September 26, 1994, and thereafter be referred to the City Manager and to Matt Kennell of Downtown Roanoke, Incorporated, for the establishment of a specific task force of interested business representatives and citizens for the stated goal of contacting representatives of the theater industry to encourage the development of downtown Roanoke cinemas. Thank you for your consideration of this request. Sincerely, ~~ 0 r..r::t..,,,--- David A. Bowers Mayor DAB: jas pc: W. Robert Herbert, City Manager R. Matthew Kennell, Executive Director, Downtown Roanoke, Incorporated .. 1 ',,,,,,,",~"'~" __ "" .... .._....Wl..olj....._.,.,.,. CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 DAVID A. BOWERS Mayor September 19, 1994 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I am always amazed when I read in other newspapers about successes in other cities, only to realize that Roanoke has been doing the very same things successfully for many years without any attention. I thought you might be interested in the fine column by Neal R. Peirce, which appeared in the Raleigh newspaper, The News & Observer, on September 4, 1994, regarding "neighborhood partnerships." Richmond and Tampa may think that they are blazing new trails, but may I remind you that Roanoke has been a leader in neighborhood partnerships for more than a decade now. Best personal regards to each of you. Sincerely, DAB :jas -",'lllllIlIl, , .1 ;1 III .,_ _ I "",.,k.Jid.~..u ~ . MoL .u.' ... , f8A INSIGHT , -.. ..... ..".,..........4...lj.,_..".~...., THE XEWS & OBSiRVER SUNDAY, SEPTEMBER 4, 1994 Neighborhoods affect cities Several smart cities are turn- ing to an obvious source- their own neighborhoods and citizens - as partners in solving the tough municipal problems of the '90s. _ City Manager Robert Bobb of Richmond, Va., tells The Public Innovator news bulletin that "citi- zens are literally taking over city halls to get their needs met." I Bobb is a member of the city man- agement profession that tradition- ally thought it had the best techno- cratic answers to local problems. But it was Bobb's own recogni- tion of the limits to bureaucrats' responsiveness that led to Rich- mond's."Neigh- borbood Team Process." The;. city is dividfldi into Dine neilh- borIIOod-bated districts, eIlth with its own teamtoQioni- ;,' NEALR ~i..'" gm PEIIC(\ cr,let', to pcI-hol . tree Vi~miDg - aDd s-*t ac' . \" Smce 1988, morellan 5Of11Ucho., hmond~..~~~..,=.,...:.... ave.",}. each with .1nafI:~"Jl"'.~' citizens, b"~~..~ cials, and nonproftt__.",.. ganizations. City ofIicJaIa-Gi;....t'. teams pledge action .... is- sues within 30 days.....~ the citizen groups' next mha..- In June, the team brlfl , mond'sBraddock ~ capped four yeanol iDteDsive work with city employees (and ca- joling of the city CGU:Dcil> to open a brand new park _fitness trail on what had beeIIlGur acres of va- cant city land. Jersey City, N.J., under Repub- lican Mayor Bret lkhundler, is about to let citizens pick what firms they want to clean streets, repair roads and remove graffiti in their neighborhoods. The first yearly outdoor mainte- nance pageant will take place at the Jersey City Armory this au- tuqtn. Cleanup firms will be given exhibit space to advertise their prowess. Citizell6 will be invited to come in and "kick tires" - mix among the exhibits, talk directly with contractors. The residents will then get bal- lots to pick their preferred con- tractor; keyed to which of Jersey City's 33 "neighborhood improve- ment districts" they live in. Win- nersfor each district will get 8+ one-year contract; They must . agree to attend neichborhood .. sociation meetin8ltthroughout ~ y. ear and m.taia..a.. toll-fr. ee naifn- ber tor ci~ r.sts ~d co.. ptaints; .... ..,",. .TQkeep~v~.compet*tkm, no sinflle veBdor . get cqntract8. fo.;fno"lthan perceDt of the:'1. ..~S neliQ..b.9 . . y ins;1 ~will. ~ ::n~Oni.. : .Y.. [€..,.,or.eki::. ...........~ ~. to te' c acts wit~' firmi'that fail' peri. J , Fla., tw m M.,. an has seen a lie support build be- ighborhoodombutfB;.. LaSOOr,'whom sHe th bringing gr88lH'08ts corieentS_ individual depart- ments and the city COUflCiI. Last spring Tampa held a "neiCbborbood cODvention" in ita handlol;aedowntown convention center. About 3,000 citizens came for the e..t, which featured. booths and exhibits by city depart. ments and individual neighbor- hoods. The scene was government ac- cess at its most direct: POIlce, . firefighters and the folks from sanitary sewers and water conser" vation explained their programs. . The neighborhood-based "Paint Your Heart Out, Tampa" pro- gram to aid disabled elderly homeowners had a booth. And the city attorney and chief labor nego- tiator sat behind a table hawking mugs and T-shirts advertising . Tampa's "Year ofthe Neighbor- hood. " The idea1 says embudsman La- Bour, was a kind of city ('open house" to make it easier for resi- dents and neighborhoodorganiza- tions to access city departments, tp get to know ,.me of tIfi agency executives. WJlrkshops..tlere held to brief;neiglilbrhood ~iations on city'cti~ and geWeed- bacS.Apd thell8ighborbood orga- nizatiens themselves hai their ,first cllence toUlk am.. them- .lv:e~ mix -.ith c:i~."'icials in a social setting. Tampa is one of those fast-growth Southern cities that never had t. he depth and.. ~.'=f . neighborhood or . . famil- iar in the Northeast atidMidwest. But with city hall eneouragement, the number of nefCbborhoodorga- nizations has expanded in five years from 21 to 54. At the coDYention last March, it fiS clear Tampa's neighborhood organitatiOBs - from bOth afflu- ent andlO\Vef-income areas - felt they bad gait&ed status, become more perma~, were getting at- tention, and would remain a force even when their ally Mayor Freedman leaves office. What is equally clear is that mayors and professional manag- ers are getting the point that an increasingly restive and demand- ingpoputace baS ~ ~ reached and worked with where it lives- in the neigbborhOOds. . ~""', n~1'1~" m . .11 UI.._IIII ' !'1 ~~, ur ~'''''t'-''';'''' I_'........,~" .... aIIIIIW' ~lL ."..".......J....,_.". .,. .,; LIT \' . September 26, 1994 '94 ') (. . ! '11.n1 . I . I ~ The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Council Members: This is to request that City Council convene in Executive Session to discuss disposition of publicly held property, specifically the possible conveyance of a parcel of land for economic development purposes, pursuant to S2.1-344(A)(3), Code of Virginia (1950), as amended. Very truly yours, U .W !J.Jej W. Robert Herbert City Manager WRH: shm cc: Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney i i1~111I1 ~ III T, III n R .~......---............,..." , _.. ,,'" 101_.. L!l ~"'''l_,"",.,~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 240 11 Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #53-467 The Reverend C. Nelson Harris, Chair Roanoke City School Board 1909 Langdon Road, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: A communication from the Roanoke City School Board requesting that a public hearing be scheduled for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard with regard to issuance of general obligation school bonds, in an amount not to exceed $4,200,000.00, for improvements and additions to Virginia Heights Elementary School and Morningside Elementary School, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. On motion, duly seconded and adopted, Council concurred in the request to schedule a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, ~~ J;-. ~A ~ Mary F. Parker, cMcffA'E City Clerk MFP: sm pc: E. Wayne Harris, Superintendent of Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board "' "-"'._~ ""."!Tr..-" , 09-23-1994 02:57PM C. Nelson Harris, Chainnan Marilyn L. Curtis. Vice Chairman Charles W. Day RKE CITY SCHOOLS OPERNS .;.'. 1i1111l.. lll.ll......Io",...........J..4,,, t~1 Roanoke City Schoof Boord Marsha W. Ellison Finn O. Pincus Ctubett G. Poff P.01 John H. Saunders E. Wayne Harris, Superintendent June S. Nolley, Clerk of the Board '.0. Ilox , 3'.,. --. \'lg;nlo 2403. . 703."" .230, . ,.,. 703-98'-2901 The Honozable David A Bowers, Mayor and Members otRoanoJce City COUncil Roanoke, VA 24011 Dear Members of COUncil: September 22, 1994 As you wiII_. the Roanoke City SclJooIBoard IJlJ>n>\ood . resolution lbr the.Roonok. City Public StlIooIs to r>aniapate in tile 1994 V/I8inia Public SclJooI Authority cvPsA) boud iSSUe 8IId request the City ofRoaDoJ.e 10 iSSUe iu _ obtisatioa scIIool boners in an _ 110I10 - $4.200.000.00 lbr """'-. 8IId additions 10 V/I8inia lfeiahts E1ernentuy ScIwol and l\farninaside Elementary Sc:IIooI. City CounQ/ """"'"" . reooludoa authoriDna app/iRfion to the VPsA. and the ~ of _ ~ boners in an -llOt to _ $4,200,000.00. In order to - the timeIine established by the \IJ>SA, the Board hIJlectlialIy ~ City CouaciIIO hold · pub/jc ~ on October 10. 1994.1'e8aR1ing the i_ of_ obligation bonds. The Board appreciates the assistance in this matter. re cc: Rev. c. Nelson Harris Mr_ E. Wayne Harris Mr. Richard L. Kelley .Mr. WdliaJn L. Murray, Ir. Sincerely, ~~.~ Iune s. NoDey, CPS aerie otthe Board Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. lames D. Grisso Excellence in Education SEP-22-1994 04:05 '-'la .11 II illlIl,.II" , 93% TOTAL P. 01 P.01 ";10olI. u'"" ~J.j ~ .. Jl.l .. I ,.. IIUl "'",.."'" .l~ J:JIIIIIIAI1J.i. , ..............J.....4._...."'" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 240 II Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #15-110-518 Howard E. Musser, Chair War Memorial Committee Route 1, Box 483-F2 Moneta, Virginia 24121 Dear Mr. Musser: This is to advise you that Daniel E. Karnes has qualified as a member of the War Memorial Committee for a term ending June 30, 1995. Sincerely, ~1~'~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Sandra H. Eakin, Deputy City Clerk ,."",.,..~JI'L.a;III--I:lII.. l.. JJIIIi1IlL., ,.."..,.......J,...',_.,..,., CITY .94 ~:!:p -9 P 3 :(0 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Daniel E. Karnes, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the War Memorial Committee for a term ending June 30, 1995, according to the best of my ability. So help me God. .' Subscribed and sworn to before me this L day of ~ 1994. ARTHUR B. CRUSH, III, CLERK BY ~~e"1~ DEPUTY CLERK " ..................-. ..... - "'ft,, r'" ~-- Ii.I.I. .............J......+-..ib',,. , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #15-110-304 Thomas H. Miller, Chair Youth Services Citizen Board 3429 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Miller: This is to advise you that Ruth C. Willson has qualified as a member of the Youth Services Citizen Board for a term ending May 31, 1997. Sincerely, ~'1 .J. f+ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Marion Vaughn-Howard, Youth Planner Sandra H. Eakin, Deputy City Clerk "....;."',.".,'Wf",........',"IiI'.-. .. ~..-..' I.I.l. '.....".......j.,.."...".,'~, (" T'J i I ; .9~ "1611 'I ~: Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ruth C. Willson, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board for a term ending May 31, 1997, according to the best of my ability. So help me God. /~e. ifLl~ . ~ Subscribed and sworn to before me this ~ day of ~&~.uA.j 994. ARTHUR B. CRUSH, III, CLERK BY J<d)f'-<AJ~-RO~~ , DEPUTY CLERK Of <J " ~~...... II...........J,..,U,~"".., CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 240 II Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #15-110-230 Mimi Hodgin, Chair Roanoke Arts Commission 805 Virginia A venue Salem, Virginia 24153 Dear Ms. Hodgin: This is to advise you that Ernest S. Zulia has qualified as a member of the Roanoke Arts Commission for a term ending June 30, 1997. Sincerely, ~'t d: ~ Mary F. Parker, CMC I AAE City Clerk MFP: sm pc: Stephanie M. Moon, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk ,..'l""......."."..i'"...,..,.t""""~"" ...."....,..-..". ,.,,,. "...Jo.~"'.' ... , ....~Jij,L. ..,.............l...j"...."...,., " C< I -, \' "I < .qLl <:1 ~i I) ;) : 11 C Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ernest S. Zulia, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 1997, according to the best of my ability. So help me God. .:2/ sf- Subscribed and sworn to before me this _ day of .5 (! jJ { 1994. '\ ARTHUR B. CRUSH, III, CLERK BY /d~ CLcLfl , DEPUTY CLERK I~' ~......._.,'_.. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #15-110-200-326 Wendy Wingo, Chair Fifth Planning District Commission 2875 Oakwood Road Troutville, Virginia 24175 Dear Ms. Wingo: This is to advise you that John R. Marlles has qualified as a member of the Fifth Planning District Commission for a term of three years commencing July 1, 1994 and ending June 30, 1997. Sincerely, ~iar~: ~~E City Clerk MFP: sm pc: Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P.O. Box 2569, Roanoke, Virginia 24010 Sandra H. Eakin, Deputy City Clerk 'P""".~,.".,.~-"" 1.....r"III"~'" '".''!T''''1'''"''''' , ..... ..."."........i.....,_..~"" . - L.: I '; Oath or Affirmat~nsof1 Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John R. Marlles , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Fifth Planning District Commission for a term of three years commencing July 1, 1994 and ending June 30, 1997. according to the best of my ability. So help me God. Subscribed and sworn to before me, thi Jl~ l( \(\~ ~ /f day of ~19 2...:L ARTHUR B. CRUSH, III, CLERK BY ~ , DEPUTY CLERK "-- ,m Tiill' 1'1 Jl'ln__Ill"" >1 I!' l,lIII'lIIW1Il'T!' .'~~""'''''''''''''.I'-.'''. ,...,lf~"".' "', I .. .-- ~~ ,.",.",...~,..J,..j.,....,.,~"" ell '( .9~ ~,]'~ 1 D '~ . /1(: Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mary F. Parker, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as City Clerk of the City of Roanoke for a term of two years commencing October 1, 1994, and ending September 30, 1996, according to the best of my ability. So help me God. ~~ 1. p~ Subscribed and sworn to before me this.) Irf- day of S tiI. 1994. ARTHUR B. CRUSH, III, CLERK '" BY 'lIo.du.l Y'Jm?tJt(~EPUTY CLERK ..... ,,,,~,,,,,..,... ... IIll - ",,,,~.,,"4,,,.,,,,,,,,,,,,,,, C' r 1 \r ,I, , .9 A ( " {' , ". 'i J _"I ' r ' , ,." '_ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James D. Grisso, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Director of Finance of the City of Roanoke for a term of two years commencing October 1, 1994, and ending September 30, 1996, according to the best of r.1y ability. So help me God. Subscribed and sworn to before me this /1 day of S-ep/'fmt~1994. , ARTHUR B. CRUSH, III, CLERK BY ~ iJ ~.LJ , DEfWfY CLERK .,. ,m '!"'I'I ~ r WI'.... '" , - ..,......t ~......-....... . , - .;.".."......j"..,,-,...~,.,' ('11'/ .9~ (::=-p 19 PO :05 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert H. Bird, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Municipal Auditor of the City of Roanoke for a term of two years commencing October 1, 1994, and ending September 30, 1996, according to the best of my ability. So help me God. \ ~ If 'f5-u4 Subscribed and sworn to before me this R day Of~- 1994. ARTIR B. CRUSH, III, CLERK BY ~ cMJ..I)1:'p};/hyJ , DEPUTY CLERK t."," III~lIn r 'I'f ~ :rr J____n ",...... '.ft_On, ~~...~_. ,.,..01 ,...M..... .....l ... ,- ... , , ~--.. 11.1. . .."...........4....j"_.,."...,,, l~lI,( , r"".' '.~. 1 rq.1 1':J i'\ j ,f! Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Wilburn C. Dibling, Jr., do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as City Attorney of the City of Roanoke for a term of two years commencing October 1, 1994, and ending September 30, 1996, according to the best of my ability. So help me God. ~I Subscribed and sworn to before me this a day of 5~ 1994. ARTHUR B. CRUSH, III, CLERK BY ~ 13 ~ ~, I*:YVTY CLERK ,-,"-~~~._. -. ~. ., "' ~JlllllljJII.I I.L.. ~..,.. "......J'..."....,,~" 'I September 26, 1994 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss acquisition of real property, specifically possible acquisition of a building for use by the public, pursuant to 52.1- 344(A)(3), Code of Virginia (1950), as amended. Very tru~ yours, (,,I !' /1_ f . ~' L( J.J ~/ W. Robert Herbert City Manager WRH/lsc cc: Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Kit B. Kiser, Director or Utilities and Operations ."~lId1illl._m'" IIIllIII Tfl ....'~,... .....~..1.....'-.,_.,.,., '. ;.. ~-1111~.llh.".........j."4' CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-981-2431 TELECOPIER: 703-224-3071 WILUAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L. YATES ASSISTANT CITY ATTORNEYS WILBURN C. DIBLlNG, JR. CITY ATTORNEY September 26, 1994 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of a regional contract currently in negotiation pursuant to S2.1-344(A)(7), Code of Virginia (1950), as amended. ~ Wilbur C. ibling, Jr. City Attorney WCDj/lsc cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Kit B. Kiser, Director of Utilities and Operations "n"'T' II ,IRiI__m' , VIRGINIA'S EXPLORE PAR K An outdoor classroom and hving history museum enabling visitors to learn about the land, wildlife, and early American civihzations through a diversity of experiences at the · American Center for Rare and Endangered Species · The Environmental Education Center of Virginia . American Wilderness Park · Native American Indian Park · Blue Ridge Settlement at Milepost 115 on the Blue Ridge Parkway Administered by Virginia Recreational Facilities Authority Virginia Code ~ 10.1-1600 et. seq. in partnership with The River Foundation I.R.C. ~501 (c) (3) Post Office Box 8508 Roanoke, Virginia 24014-8508 (703) 427-1800 FAX (703) 427-1880 ""~-.LI.I. ................J....~."',.,, ('1-';"'"'.' l~. I i --tJ~ 'Sh1 :) .( ,{\ September 20, 1994 ...... b" Fars;m;1.n ...... ~ t. ~ l ll':" Ms. Mary Parker City Clerk City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Ms. Parker: The purpose of this letter is to request a place on the Roanoke City Council's September 26 agenda, to enable me to give a status report to Council on Virginia's Explore Park, including attendance and finances, and to request immediate financial aid from the City for the Park. Thank you for your consideration. Sincerely, /2 M. Rupert Cutler, Ph.D. Executive Director MRC/pkl r-.....~- 'IT"''T!1IITnmI'r -~""'_I"'I'-"''''''''''.''''''''' ._ JW~J.j~~.IlL.... ioU L"".--1oIJ. ...... Ui JJIIIIlIII'u.;, .............l....o4;_...,.~" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 240 II Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #60-236-467 The Reverend C. Nelson Harris, Chair Roanoke City School Board 1909 Langdon Road, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: I am enclosing copy of Ordinance No. 32180-092694 amending and reordaining certain sections of the 1994-95 School Fund Appropriations, providing for appropriation of funds to certain school grants; and further providing for appropriation of $182,633.00, representing insurance proceeds to be received as a result of the winter ice storms for roof repairs. Ordinance No. 32180-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. Sincerely, ~<-t d. ~j Mary F. Parker, cMc;-ki City Clerk MFP: sm Enc. pc: E. Wayne Harris, Superintendent of Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board ,......,lf~....... "'" I ... ~........... 1IrJ. . ~ .."., ,ilo,j,..J.. ..,.........,.., l~J The 26th day of September, 1994. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA No. 32180-092694. AN ORDINANCE to amend and reordain certain sections of the 1994-95 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal exist. Government of the City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDrODriations Education Preschool Incentive Program 1994-95 (1-11)....... Regional Alternative Education Program 1994-95 (12-24)........................................ . Opportunity Knocks - GED Program 1994-95 (25-26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vocational Education Teen Mothers 1994-95 (27 -2 9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Facilities (30).................................. Revenue Education Preschool Incentive Program 1994-95 (31)......... Regional Alternative Education Program 1994-95 (32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opportunity Knocks - GED Program 1994-95 (33).... Vocational Education Teen Mothers 1994-95 (34)... Grants-in-Aid Federal Government (35)............ Non-Operating (36) ............................... 1) Coordinator Salary (030-060-6524-6553-0124) $ 7,000 2) Teacher Stipends (030-060-6524-6553-0129) 4,379 3) Aide Salaries (030-060-6524-6553-0141) 17,850 4) Social Security (030-060-6524-6553-0201) 2,236 5) state Retirement (030-060-6524-6553-0202) 2,781 "- .""~..,.,~.. .... -. $109,827,733 74,750 106,500 5,329 15,000 1,561,600 $107,658,025 74,750 106,500 5,329 15,000 2,342,068 35,095,804 .. 1.."."......+oIol.....<......"~";, 6) Health/Dental Insurance (030-060-6524-6553-0204) $ 5,410 7) Group Life Insurance (030-060-6524-6553-0205) 44 8) Diagnostic Services (030-060-6524-6553-0311) 20,000 9) Field Trips (030-060-6524-6553-0583) 1,300 10) Instructional Supplies (030-060-6524-6553-0614) 10,184 11) Furniture and Equipment (030-060-6524-6553-0822) 3,566 12) Instructors (030-060-6926-6100-0121) 39,129 13) Social Security (030-060-6926-6100-0201) 2,993 14) State Retirement (030-060-6926-6100-0202) 4,379 15) Health/Dental Insurance (030-060-6926-6100-0204) 2,705 16) Group Life Insurance (030-060-6926-6100-0205) 69 17) Clerical (030-060-6926-6300-0151) 15,224 18) Social Security (030-060-6926-6300-0201) 1,165 19) State Retirement (030-060-6926-6300-0202) 1,704 20) Health/Dental Insurance (030-060-6926-6300-0204) 2,705 21) Group Life Insurance (030-060-6926-6300-0205) 27 22) Contracted Services - Salem City (030-060-6926-6300-0311) 32,900 23) Travel (030-060-6926-6300-0551) 500 24) Instructional Supplies (030-060-6926-6300-0614) 3,000 25) Instructor (030-060-6447-6550-0121) 4,950 26) Social Security (030-060-6447-6550-0201) 379 27) Participant Wages (030-060-6448-6138-0129) 3,791 28) Social Security (030-060-6448-6138-0201) 289 29) Contracted Child Care (030-060-6448-6138-0381) 10,920 30) Replacement of Roofs (030-060-6006-6896-0809) 182,633 31) Federal Grant Receipts (030-060-6524-1102) 74,750 32 ) State Grant Receipts (030-060-6926-1100) 106,500 33) Federal Grant Receipts (030-060-6447-1102) 5,329 34) Federal Grant Receipts (030-060-6448-1102) 15,000 35) FEMA - Emergency Services (030-060-6000-0716) 68,566 '-!In;: 11' 11' iIITIII__m ' ....-......"."..,.........4....".......,."" 36) Insurance Recoveries (030-060-6000-0717) $ 114,067 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. """"''*~ll'rIIII._rl1"'' I. ~_n1l'1l Tf' ~~"'"''''''''1''''''I''''''''''''''' . J IIIIIJ~"" u... ".".. ,...,1.... j ,..I.,..". ., DEPARTMENT OF FINANCE CITY OF ROANOKE. VA. C IT';' , . ""\ r- September 26, 1994 .94 : 2::~' TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: School Board Request for the Appropriation of School Funds I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for four grants in the School Fund. These grants are funded with federal and state funds. This report also appropriates $182,633 in insurance proceeds as a result of the winter ice storm. These funds are to be used for roof repairs. $114,067 is expected from the insurance carrier and $68,566 from Federal Emergency Management Assistance. I recommend that you concur with this request of the School Board. JOG/pac '1ll" ,..?.... c _ . ",."'_.'" J.Io.l. ,.".,......4....4,..j.........." .t~1 C. Nelson Harris, Chairman Marilyn L. Curtis, Vice Chairman Charles W. Day Marsha W. Ellison Finn D. Pincus Clubert G. Poff John H. Saunders E. Wayne Harris, Superintendent June S. Nolley, Clerk of the Board r\oonol<i\e City School Goard P.O. Box 13145, Roanoke, Virginia 24031 · 703-981-2381 . Fax: 703-981-2951 September 14, 1994 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its September 13, 1994 meeting, the Board respectfully requests City Council to appropriate funds to the following school grants: Grant No. 6524 - $74,750.00 for the Preschool Incentive Program to provide orientation and evaluation for handicapped students who will be entering the public school system for the first time during the fall. The program will be reimbursed one hundred percent by federal funds. Grant No. 6926 - $106,500.00 for the Regional Alternative Education Program to provide alternative curriculum and training for high risk students with a focus on improving the total self-concept of the student. The program will be reimbursed one hundred percent by state funds. Grant No. 6447 - $5,329.00 for the Opportunity Knocks--GED Program to provide instruction for the General Educational Development Examination for young adults. The program will be reimbursed one hundred percent by federal funds. Grant No. 6448 - $15,000.00 for the Vocational Education Teen Mothers Program to provide child care for students enrolled in the Teen Parents Employability Development Class. The program will be reimbursed one hundred percent by federal funds. The Board further requests the appropriation of $182,633.00 representing insurance proceeds to be received as a result of the winter ice storms for roof repairs. Proceeds are expected to be received from the insurance carrier in the amount of $114,067.00 and from Federal Emergency Management Assistance distributions in the amount of$68,566.00. Excellence in Education "~~.~' 11 ,11f1.1__I'~.' Members of Council Page 2 September 14, 1994 ..... "0".'""........1.,...,_....",, The Board appreciates the approval of these requests. re cc: Rev. C. Nelson Harris Mr. E. Wayne Harris Mr. Richard L. Kelley Mr. Wtlliam L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling ~. James D. Grisso J Mrs. lla F arriss (with accounting details) -An n..m..... 11 ,11I111.._m" Sincerely, ~".~ June S. Nolley, CPS Clerk of the Board "- ... ~"..........~..~..~*.,". , ......."_.11..1. .............4,..............., ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Preschool Incentive Program 1994-95 6524 Amount % Total 030-060-6524-6553-0124 Coordinator Salary $ 7,000.00 9.4 030-060-6524-6553-0129 Teacher Stipends 4,379.00 5.9 030-060-6524-6553-0141 Aide Salaries 17,850.00 23.9 030-060-6524-6553-0201 Social Security 2,236.00 3.0 030-060-6524-6553-0202 State Retirement 2,781.00 3.7 030-060-6524-6553-0204 Health/Dentallnsurance 5,410.00 7.2 030-060-6524-6553-0205 Group Life Insurance 44.00 0.1 030-060-6524-6553-0311 Diagnostic Services 20,000.00 26.7 030-060-6524-6553-0583 Field Trips 1,300.00 1.7 030-060-6524-6553-0614 Instructional Supplies 10,184.00 13.6 030-060-6524-6553-0822 Furniture and Equipment 3.566.00 4.8 Appropriation Unit X5N $ 74.750.00 100.0 030-060-6524-1102 Federal Grant Receipts $ 74750.00 The Preschoollncerrtive Program will provide orientation and evaluation for handicapped students who will be entering the publiC school system for the first time during the fall. Instructional equipment purchases will include classroom equipment and outdoor play structures. The program will be reimbursed one hundred percent by federal funds and will end September 30.1995. September 13, 1994 ,....," [IT r1 "lfl Tr Ilflll._llf~ I" '1IIIrln... fT' .~u.''''''....,..~,.'........'L'. - ................4.............,." ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Regional Alternative Education Program 1994-95 8926 030-06~6926-610~0121 03~06~6926-61 00-0201 03~06~6926-61 00-0202 03~060-6926-61 0~0204 03~06~6926-61 0~0205 03~06~6926-630~0151 03~060-6926-630~0201 03~06~6926-6300-0202 03~06~6926-630~0204 03~06~6926-6300-0205 03~06~6926-630~0311 03~06~6926-630~0551 03~06~6926-630~0614 Amount 39,129.00 2,993.00 4,379.00 2,705.00 69.00 15,224.00 1,165.00 1,704.00 2,705.00 27.00 32,900.00 500.00 3.000.00 Instructors Social Security State Retirement Health/Dental Insurance Group Life Insurance Clerical Social Security State Retirement Health/Dental Insurance Group Life Insurance Contracted Services - Salem City Travel Instructional Supplies $ Appropriation Unit X9J $ 106.500.00 100.0 03~06~6926-11 00 State Grant Receipts $ 106.500.00 % Total 36.7 2.8 4.1 2.5 0.1 14.3 1.1 1.6 2.5 0.1 30.9 0.5 2.8 The Regional Alternative Education Program will provide alternative curriculum and training for high risk students with a focus on improving the total self-concept of the student. The regional program has subcontracted a portion of the cost of the program to the Salem City Schools. The program will be reimbursed one hundred percent by state funds and will end September 30, 1995. September 13, 1994 '-'l"rlll1' VI 11 Ir.I',__m "'1 L ..---. III .."~......"*J......"....,...,,,, ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Opportunity Knocks. GED Program 1994-95 8447 Amount % Total 030-060-6447-6550-0121 030-060-6447-6550-0201 Instructor Social Security $ 4,950.00 379.00 92.9 7.1 Appropriation Unit X4D $ 5.329.00 100.0 030-060-6447-1102 Federal Grant Receipts $ 5 329 00 The Opportunity Knocks - GED Program will provide instruction for the General Educational Development (GED) Examination for young adults. The program will be reimbursed one hundred percent by federal funds and will end June 30. 1995. September 13. 1994 '-'~' 1! ,11:.'__111"" . .1...1IlLlUlU. ...,..,.oIW,.",J"oIl.,......",. ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Vocational Education Teen Mothers 94-95 6448 Amount % Total 030-060-6448-6138-0129 Participant Wages $ 3,791.00 25.3 030-060-6448-6138-0201 Social Security 289.00 1.9 030-060-6448-6138-0381 Contracted Child Care 10,920.00 72.8 Appropriation Unit X4E $ 15.000.00 100.0 030-060-6448-1102 Federal Grant Receipts $ 15.000.00 The Vocational Education Teen Mothers program will provide child care for students enrolled in the Teen Parents Employability Development Class. The program is one hundred percent reimbursed by federal funds. The program will end June 30, 1995. September 13, 1994 "-'''1l~T1' 'HI II J1!I1._rr~ " -I .~"'"I.~................,...., . ';'_IIJiIUI'li.\. ~,.........~J,.........,..."" ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Insurance Recovery from Winter Ice Storm Request I 030-060-6006-6896-0809 Appropriation Unit ZD1 D${!cz.-- 030-060-6000-0822 Replacement of Roofs $ 182.633.00 Insurance Recoveries $ 182.633.00 The above appropriation represents insurance proceeds to be received as a result of the winter ice storms. Buildings that required roof repairs included Addison Middle School, Forest Park School, Raleigh Court School, Fallon Park School, Hurt Park School, Round Hill School, Patrick Henry High School, Roanoke Academy for Math and Science, Monterey School, Westside School, and the Transportation Garage. Proceeds are expected to be received from the insurance carrier in the amount of $114,067 and from Federal Emergency Management Assistance (FEMA) distributions in the amount of $68,566. September 13, 1994 '-'~11,11!111._111""" ~ ""_11III,,, III , ,j , .t~1 C. Nelson Harris, Chairman Marilyn L. Curtis, Vice Chairman Charles W. Day Marsha W. Ellison Finn D. Pincus Clubert G. Poff John H. Saunders E. Wayne Harris, Superintendent June S:: Nolley, Clerk of the Board CITY r"" Roonol~e City School l300rd .94 : 1,.' l):~ :()~2 P.O. Box 13145. Roonoke. Virginia 24031 . 703-981-2381 . Fax: 703-981-2951 September 14, 1994 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its September 13, 1994 meeting, the Board respectfully requests City Council to appropriate funds to the following school grants: Grant No. 6524 - $74,750.00 for the Preschool Incentive Program to provide orientation and evaluation for handicapped students who will be entering the public school system for the first time during the fall. The program will be reimbursed one hundred percent by federal funds. Grant No. 6926 - $106,500.00 for the Regional Alternative Education Program to provide alternative curriculum and training for high risk students with a focus on improving the total self-concept of the student. The program will be reimbursed one hundred percent by state funds. Grant No. 6447 - $5,329.00 for the Opportunity Knocks--GED Program to provide instruction for the General Educational Development Examination for young adults. The program will be reimbursed one hundred percent by federal funds. Grant No. 6448 - $15,000.00 for the Vocational Education Teen Mothers Program to provide child care for students enrolled in the Teen Parents Employability Development Class. The program will be reimbursed one hundred percent by federal funds. The Board further requests the appropriation of $182,633.00 representing insurance proceeds to be received as a result of the winter ice storms for roof repairs. Proceeds are expected to be received from the insurance carrier in the amount of$114,067.00 and from Federal Emergency Management Assistance distributions in the amount of$68,566.00. l Excellence in Education H,.'...,........'~ll' .''''....__.,'. Members of Council Page 2 September 14, 1994 """".. . lJ;_BUIIIU ,J, _..., The Board appreciates the approval of these requests. re cc: Rev. C. Nelson Harris Mr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. DibIing Mr. James D. Grisso Mrs. IIa Farriss (with accounting details) ".....~~' ~! ,1,'ln'llllm'lll~ Sincerely, ~"" ~ June S. Nolley, CPS Clerk of the Board "" ~~I"" u... ".""...........J.,..j,...,,~,._, . CITY 'r;!~ Office of the City Manager September 26, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Building Inspections; Combination Inspectors As we continue our "Service Excellence At Work" Program, I am very pleased to tell you about an innovative initiative the Building Department" recently has put into place. Ronald H. Miller, Building Commissioner, developed and recommended the Combination Inspector concept, in which William F. Clark, Public Works Director, concurred and I approved. For several years, our Building Department inspectors have been developing their knowledge of building activities beyond the narrow limits of their individual job responsibilities. This "cross-trained" ability allows the Department to provide inspection services to the development community and our citizens more effectively and efficiently. A qualified Combination Inspector can visit a site and do all the required inspections--Building, Plumbing/Mechanical, and Electrical--rather than several different Inspectors making various trips to the site for individual inspections. Not only will this become a savings to the City, with gasoline and vehicle maintenance costs, but timeliness of inspections can also save the development community large sums of money by not having work delayed while waiting for another inspector to arrive on the job site. The Virginia Department of Housing and Community Development has developed a rigorous testing program to certify the qualifications of a Combination Inspector. City Inspectors have been working hard to obtain the necessary cross-training and to achieve this certification. As of this date, I am proud to report that three Inspectors, Charles E. Grant, Jr., W. Daniel Webb and Jeffrey S. Shawver have received this certification and have been reclassified to the position of Combination Inspector. The newly-designated Combination Inspectors say that this new initiative has been well-received and much appreciated by our Room 364 MunicipalOuilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2333 ,. III!l'Inrwr""," ........'""" "~'_~ ~ ....00 Ii _U.. W. .II",..". "...,..J"..".... Page 2 customers in the development community. I view the program as one that will continue to develop awareness of how important it is for government to provide excellent service to all our customers at the lowest possible cost. At your meeting on Monday, September 26, 1994, I would like the opportunity to introduce to you the City's first Combination Inspectors and provide a brief explanation of the improved customer service we are now providing. 1J~~7trl w. Robert Herbert, City Manager WRH: ph .1tV" 111":'1'1'" wr ~ Tr r.B ... '",,,. ~ + .,.,-........~.",.. l:..J..IIKlllA.lLJ..:. ...............J_I.......IIIII'", " / CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 ,~ MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #20-42-60-102-223-247 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 32182-092694 approving an agreement between the City and the Virginia Department of Transportation for construction of a new pedestrian bridge between the Hotel Roanoke I Conference Center and Historic Market Area; providing for allocation of the City's share of the project cost, in the amount of $456,515.13; and authorizing execution of said agreement on behalf of the City. Resolution No. 32182-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. Sincerely, ~'1 d. f~ Mary F. Parker, CMC I AAE City Clerk MFP: sm Enc. ~+- ~ Li.. J..-J.i.IJ. u... ...,. ,........J., oI..,...,""~,..,, IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 26th day of SepteBber, 1994. 50. 32182-092694. A RESOLUTION approving an agreement between the City and the Virginia Department of Transportation for the construction of a new pedestrian bridge between the Hotel Roanoke/Conference Center and Historic Market Area; providing for the allocation of the City's share of the project cost; and authorizing execution of said agreement on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The agreement between the City and the Virginia Department of Transportation for the construction of a new pedestrian bridge between the Hotel Roanoke/Conference Center and Historic Market Area, within the City limits, setting forth the City's estimated share of the project to be $456,515.13, and providing certain terms and conditions, as more specifically set forth in the report to this Council dated September 26, 1994, is hereby accepted and approved. 2. The City Manager or Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the agreement with the Virginia Department of Transportation, in form approved by the City Attorney. ATTEST: City Clerk. .. ..i.lllilllUll.A u... . ~ ..".",.......4.....,....."....,., IF' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of September, 1994. No. 32181-092694. AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal exist. Government of the City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 Capital Fund to read as follows, in part: Appropriations, be, and the same are hereby, amended and reordained Aoorooriations General Government $ Pedestrian Bridge and Atrium (1) ................. Capital Improvement Reserve Capital Improvement Reserve (2) .................. Public Improvement Bonds - Series 1992A (3)...... Fund Balance Reserved Fund Balance - Unappropriated (4)....... $ 1) Appropriated from General Revenue (008-052-9673-9003) $ 450,503 2) Streets and Bridges (008-052-9575-9181) ( 82,947) 3) Streets and Bridges (008-052-9700-9181) ( 12,943) 4) Reserved Fund Balance - Unappropriated (008-3325) (354,613) 38,149,531 777,171 2,609,253 266,107 2,343,146 1,843,588 u. J lIIAI~"" u.... j." .".,..,...'...... J.t.. "....... "'" " BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. . .J_"..... I';" ..",.""..~..j...l"""""", - r '": '. r: 1;- Roanoke, Virginia September 26, 1994 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: New Pedestrian Bridge between Hotel Roanoke/Conference Center and Historic Market Area I. Background: A. On March 1, 1993 City Council requested the Virginia Department of Transportation (VDOT) to program a project for a pedestrian overpass above Norfolk & Western Railway tracks to connect between the Hotel Roanoke/Conference Center area and the Historic Market Area (Resolution No. 31361-030193). This project was subsequently programmed by VDOT into their updated Six-Year Improvement Program. B. Public participation process involving downtown business leaders, hotel developers, and others with interest in the design and appearance of this bridge was used in developing the consensus alignment plan that City Council approved at its meeting on December 20, 1993. C. Design work for the bridge was completed following coordination with various public agencies and affected property owners. A "Notice of Willingness to Hold a Public Hearing" for this project was posted and advertised during the period from May 9 through June 8, 1994. One (1) request to hold a public hearing was received and was subsequently withdrawn when the inquiry was satisfactorily answered. D. On June 27, 1994 City Council approved (by Resolution No. 32086-062794) the location and major design features of the Pedestrian Bridge (from 0.01 mile south of Norfolk Avenue to 0.03 mile north of Shenandoah Avenue). llu...-....L;.o. """",...I,oJoj".j".."" Members of City Council Page 2 E. Project Schedule for this bridge has been accelerated to improve public safety, pedestrian access and traffic flow in connection wi th Hotel Roanoke/Conference Center. VDOT has been extraordinarily cooperative in its scheduling of many project-related activities. The contractor has a fixed-time completion date of April 1, 1995 for the loggia (covered walkway) and pedestrian bridge items in the immediate vicinity of the Hotel Roanoke, and August 1, 1995 for the entire project. In an effort to further compress the scheduled completion, VDOT provided (at the City's request) an incentive to the contractor in the amount of $1,500 per calendar day to a maximum total of $150,000, of which the City would bear the total cost. However, preliminary indications are that the already compressed schedule will provide little opportunity for early completion. Disincenti ve (penalty) clauses are also included in the project specifications for failure to meet the fixed-time completion dates. II. Current Situation: A. Bids for project construction were received by VDOT on August 24, 1994. The low bid was by Branch Highways, Inc., in the amount of $5,326,180.88. The contract was subsequently awarded by the Commonwealth Transportation Board on September 15, 1994. B. City must execute the attached City-State Agreement (Attachment II) before VDOT will allow the contractor to begin construction. C. City share of the cost of this project is $456,515.13. The second page of Attachment II shows the cost-sharing ratios to be used on this project. This includes $325,975 at 100% City expense to construct the loggia which will connect the northern terminus of the bridge to the Conference Center. It had previously been determined by VDOT that the loggia was not a VDOT project expense item. III. Issues: A. Funding B. Construction Plans C. Timing IV. Alternatives A. Authorize the City Manger, in a form acceptable to the Ci ty Attorney, to execute the City-State Agreement on behalf of the City; and appropriate $450,503.00 from the '1Il<'.',.~""" - ..l~LL&lI.i. ",.'""".....J....,,....,....,... Members of City Council Page 3 accounts listed on Attachment III into the Pedestrian Bridge Account No. 008-052-9673-9003. 1. Funding, in the amount of $450,503.00, exists in the sources identified on Attachment III (Part B). At a future date, City Council will be asked to approve the replacement of $252,810 into Undesignated Capital Funds if the 1996 Bond Referendum is approved in November, 1994. 2. Construction plans comply with City's needs for this project. 3. Timing for project construction to begin is October, 1994. Contractor has fixed-time completion dates of April 1, 1995 for the loggia and other work on the Hotel Roanoke end of the bridge, and of August 1, 1995 to complete the entire project. B. Rej ect City-State Agreement and proceed to reimburse VDOT for 100% of all expenditures to date in accordance with City Resolution No. 31361-030193. 1. Funding would be needed in the amount of the total VDOT project expenditures to date. 2. Construction plans would not be done at this time. 3. Timing is not an issue. V. Recommendation is that City Council: A. Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City. B. Appropriate $450,503.00 from the accounts listed in Attachment III into the Pedestrian Bridge Account (No. 008-052-9673-9003). Respectfully submitted, U .lL~ i-lA W. Robert Herbert City Manager WRH: RKB: srh Attachments: I Map II City-State Agreement III Funding Summary ... ~-".... .........A.".","",IiM.,,,J....,,...',,..,'.,,,. Members of City Council Page 4 copy: City Attorney Director of Finance Director of Public Works City Traffic Engineer Construction Cost Technician Budget Administrator Accountant, Contracts & Fixed Assets II I i~ ,...'....- ~~.- ..'".,....,.,..,J..'.."....'",'.>, -. - L. ~dIIAJ~"" fu ATTACHMENT I -...-~ '-IIIl1'~~1 "II III"..r___m' ... ~dII&lII.&.I' ~ j".",...,.......J..,.l"......"" ATTACHMENT II AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Roanoke, Commonwealth of Virginia. hereinafter referred to as Roanoke, and the COllul\onweal th of Virginia, Department of Transportation, hereinafter referred to as the D8PARl't.tENT, hereby agree as follov,s: 1. The DEPARTMENT will.prosecute a project for a pedestrian Bridge and Atrium within Roanoke from First Union Tower and Pc.::-king Garage, Station 9+49.06 to Hotel Roanoke and Conference Center, Station 14 +09.19 and designated as Proj ect UOOO -12 B - V20, PE101, C501, B615, and Federal Project S'l'P-5128 (161) . 2. Roanoke approves the plans as designed and requests the DEPARTMENT to submit the project with reconnnendation that it be approved by the Comnonwealth Transportation Board/Federal Highway Administration and agrees that if Buch project is approved and constructed by the DEPARTMENT, Roanoke, thereafter, at its own expense, will maintain the project., or have it maintained, in a maIller satisfactory to the DEPARTMENT or its authorized representat.ives and will make ample provision each year for such maintenance. ). Roanoke agrees to furnish all necessary rights 0; way at no expense to the DEPARTI1EN'T. 4. Roanoke agrees to comply with Title VI of the Civil Right.s Act of 1964 and the Virginia Fair Employment Contracting Act, Sect.ions 2.1-374 through 2.1-)76 of the Code of Virginia (1950), as amended. "-....~.,.In.. -' '''',11''''' ....~..iol ~ ....IlL. .l.l ',. ...,,, La .._'1Jo.I.. .~".",""""'4,.oI."""'.'~"" 5. Roanoke agrees to comply with all applicable federal, state and local 1:1.11es, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. 6. Roanoke agrees that prison labor will not be used for any purpose whatsoever on this project. 7. Roanoke agrees to bear the cost of incentive payments earned by the contractor in accordance with project specifications, and agrees to participate in the actual cost of this project in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST ROANOKE'S SRARE ~ ESTIMATED COST -L AMOUNT Preliminary Engineering $ 320,000.00 -0- 2 $ 6,400.00 Right of Way C-501 (including field office) -0- 1.93,241. 40 2 3,864.83 Utility Items (water and sewer) 32,567.03 2 .651.34 Signs 5,428.00 2 108.56 E-615 5,721.,777.46 2 l14,435.55 Loggia Utility Items - Bridge (water and sewer) 325,975.00 100 325,975.00 8,992.54 2 l79.85 Railroad Force Account TOTAL 245.000.00 $6,852,981.43 2 4.900.00 $456,515.13 -2- ,- .~, 11'1 "'I' ., rro'" ... ,.~""""'~'"'"1''''''''''''''''' ... ....."... LL. ,..,"',........J..,.."....,'''~'''' IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, for CITY OF ROANOKE on the day of 19 and the DEPARTMENT on the day of 19 ATTEST: CITY OF ROANOKE BY: BY: CITY MANAGER CITY CLERK NOTE: The official signing for the municipality must attach a certified copy of the authority under which this Agreement is executed. This Agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY: COMMISSIONER -3- "- ~I T1i'm 11 Jtlll__n('" ~ l:ml'l~", rf' .~""''''''''''~'Hl'~'''''''''' ,,110,.,' -~_." _. _L -. , .. .._~... L~. .."""..'I-,..J...."....,,,'.,,,, ATTACHMENT III FUNDING SUMMARY A. Estimated Project Cost Less VDOT Share Total City Share Less City's 2% share previously allocated for preliminary engineering Estimated City Share remaining B. Funding Sources Capital Improvement Reserve - Street & Bridges (008-052-9575-9181) 1992 A Bonds - Streets & Bridges (008-052-9700-9181) Undesignated Capital Funds Total $6,852,981 ($6,396,466) $ 456,515 ($ 6,012) $ 450,503 $ 82,947 $ 12,943 $354,613* $450,503 *$252,810 to be replaced if 1996 Bond Referendum approved in November, 1994. .'1". 'lI!ll~r..r' TI ,'___11II' ",'.'," , '...'...................,.1-4 ,.........jW,..iJ. ~.JlL. ,.I.. Y"'''--W1. '" Lo. ..!JllllJIiAA I.. ..,.."t.......~...."_.,.~,, ~~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 MARYF.PARKER City Clerk. CMC/ AAE SANDRA H. EAKIN Deputy City Clerk September 17, 1993 File #60-42-77-247-258 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31683-091393 authorizing execution of Amendment No.1 to the City's contract with Hayes, Seay, Mattern and Mattern, Inc., to provide additional engineering services in connection with design of the Pedestrian Bridge and Atrium Project, in an amount not to exceed $55,318.67, with the total contract amount not to exceed $320,918.67. Resolution No. 31683-091393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 13, 1993. s;;~ 1. k Mary F. Parker, CMC I AAE City Clerk MFP: sm Ene. pc: Robert F. Canova, Vice-President, Civil Works, Hayes, Seay, Mattern and Mattern, Inc., 1315 Franklin Road, S. W., Roanoke, Virginia 24016 Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Phillip F. Sparks, Acting Chief, Economic Development Barry L. Key, Manager, Office of Management and Budget ~+- ~ / ... .-..- ..... ;..,".,...I...,j..'..".....".,~, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of September. 1993. No. 31683-091393. A RESOLUTION authorizing the execution of Amendment No. 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services to be performed in connection with the design of the Pedestrian Bridge and Atrium Project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is authorized and empowered to execute, for and on behalf of the City, upon form approved by the City Attorney, cAmendment No. 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., dated May 7, 1990, in order to provide additional engineering services in connection with the design of the Pedestrian Bridge and Atrium Project. 2. Such Amendment shall provide for the services set forth in the City Manager's report to Council dated September 13, 1993, and the cost of those additional services shall not exceed $55,318.67, with the total contract amount not to exceed $320,918.67. ATTEST: City Clerk. "-" ,n~ n" lIT 11 ,~[III..lIIIm'" I'" l1D1nW1l IT'" .~....,."'.,..,.'....l"......."". .... I,..", "iu<..... ~., 01."...., ""ot' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 MARYF.PARKER City Clerk, CMC/ AAE SANDRA H. EAKIN Deputy City Clerk September 17, 1993 File #60-42-77-247-258 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No.. 31682-091393 amending and reordaining certain sections of the 1993-94 Capital Fund Appropriations, providing for appropriation of $203,949.00, to provide funds for additional engineering services for the Pedestrian Bridge and Atrium Project to connect between the Hotel Roanoke/Conference Center area and the Historic Market area. Ordinance No. 31682-091393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 13, 1993. S;;~ 1.P ~ Mary F. Parker, CMC / AAE City Clerk MFP: sm Enc. pc: Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Phillip F. Sparks, Acting Chief, Economic Development Barry L. Key, Manager, Office of Management and Budget ._" rn~T1~llT I 11 .~IIII....I1l" Hllm.. fr .~""""""''''''l'_''~'''''' .- . ".,.'. .oIW"."'~""."'" f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of September, 1993. No. 31682-091393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AoorODriations General Government Pedestrian Bridge and Atrium (1-2)................ $ 21,Ol7,242 203,949 Revenue Due from State - VDOT Atrium (3).................. 199,950 1) Appropriated from General Revenue (008-052-9673-9003) $ 3,999 2) Appropriated from State (008-052-9673-9007) 199,950 3) Due from VDOT (008-1308) 199,950 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. ",- m~T11 1f 11 ,n:III.._1T11 H, llnm.. TT" ,~""""",""",,,..."t'_"~H'" '"- .....,u... 1.1,... .,.""."Illldj,....".... Qt:";'L"!'Ir:r' . 'L_ '-..J'.. '''-' C I T Y '"' i ;-, .93 ('EI] 0 P 1 " ')_ ~,; \\~r -u 1_.- Roanoke, Virginia September 13, 1993 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Request for Authorization to Execute Amendment Number 1 of the Contract with Hayes, Seay, Mattern & Mattern, Inc., for Additional Engineering Services for the Pedestrian Bridge and Atrium Project I. Background: A. On May 7, 1990 City Council awarded an engineering services agreement wi th a cost ceiling contract to Hayes, Seay, Mattern & Mattern, Inc., (HSMM) in an amount not to exceed $265,600. B. Scope of Work to be performed by HSMM includes survey, design and plan preparation for a Dominion Tower Streets cape Project and a Pedestrian Bridge and Atrium Project. The Dominion Tower Streets cape project designed by HSMM and subsequently constructed, left an unspent contract balance of $144,631.33. C. On March 1, 1993 City Council requested the Virginia Department of Transportation (VDOT) to program a project for a pedestrian overpass above Norfolk Southern Railway tracks, including the related atrium facility, to connect between the Hotel Roanoke/Conference Center area and the Historic Market Area (Resolution No. 31361-030193). This project was subsequently programmed by VDOT into their updated Six-Year Improvement Program. D. City Council also authorized the City Manager to execute an agreement with VDOT by which the City will administer the preliminary engineering phase of this project. II. Current Situation: A. City of Roanoke desires to have HSMM continue its work under this agreement by having HSMM prepare the necessary engineering plans and specifications in cooperation with VDOT. '''''m n,'wr',r ,..1;11...__11II'" .. r 1 ,....'.........~l.........".. ... ~JDjUJI.I U... j""",'...,h.J..."...,.""" Members of City Council Page 2 Engineering services agreement with HSMM remains an open and active project with an unspent balance of $144,631.33. A supplemental agreement prepared by HSMM (see attachment) proposes an additional $55,318.67, thereby providing for a revised total of $199,950 for the Pedestrian Bridge/Atrium design work, or a total cost ceiling of $320,918.67 (of which $120,968.67 has been spent for the Streetscape Project design work). B. VDOT concurs in the use of HSMM and their project fee of $I99,950 for the Pedestrian Bridge/Atrium design work. III. Issues: A. Reasonableness of fee B. Funding C. Schedule IV. Alternatives: A. Authorize Amendment Number 1 of the engineering services agreement with Hayes, Seay, Mattern & Mattern, Inc., for addi tional engineering services for the Pedestrian Bridge and Atrium Project to provide an increase of $55,318.67 for a total not to exceed $320,918.67. 1. Reasonableness of fee has been established through "cost ceiling." HSMM has reset a total cost ceiling in their amendment proposal of $320,918.67. The additional $55,318.67 includes the necessary engineering services to develop plans in accordance with City and VDOT standards. 2. Funding for the City's share is available in Account No. 001-004-9310-9508, "Transfers to Capital Projects Fund. City share is $3,999.00 (which is 2\ of the $199,950 fee related to this project) . The billing procedures between HSMM, VDOT, and the City require that $203,949.00 be appropriated/transferred and that aa receivable account be established in the amount of $199,950. 3. Schedule for HSMM to proceed with work on this item would take effect immediately. ".. 'III.TI~...r T' TI ,_ ..." . ~""'".iILII U... ..'" ,.......4..,..,'..... ,'t" '. Members of City Council Page 3 B. Do not authorize the amendment for the additional engineering services with HSMM. 1. Reasonableness of fee is not an issue. contract fee remains in effect. Existing 2. Funding for existing contract has previously been appropriated. 3. Schedule for beginning project construction in 1994 would be jeopardized, as proper plans could not be developed. V. Recommendation is that City Council: A. Authorize Amendment Number 1 of the engineering services agreement with Hayes, Seay, Mattern & Mattern, Inc., for addi tional engineering services for the Pedestrian Bridge and Atrium Project to provide an increase of $55,318.67 for a total not to exceed $320,918.67. B. Appropriate $203,949.00 to a new account to be titled "Pedestrian Bridge & Atrium." The City share of $3,999 is available in Account Number 001-004-9310-9508, "Transfers to Capital Projects Fund" and $199,950.00 to be reimbursed by the Virginia Department of Transportation. Respectfully submitted, U,~~ W. Robert Herbert City Manager WRH:RKB:pr Attachment cc: Director of Finance City Attorney Director of Public Works City Engineer Traffic Engineer Management and Budget Acting Director of Conference Center ....... III ~ll ~ "If" 11 II____I!IT H."" ,;..,..,....._~- ~ ~ - ~ lIlo,~.JIIIIJ"'" 1.1,... ............4.1-1I......,..",., SUPPLEMENTAL AGREEMENT NO. 1 STREETSCAPE IMPROVEMENTS AND ATRIUM/PEDESTRIAN BRIDGE CITY OF ROANOKE, VIRGINIA A&E COMMISSION NO. 4617 I. Basis of SUDDlemental AQreement No.1 A. The 29 January 1990 Agreement between the City of Roanoke and Hayes, Seay, Mattern and Mattern, Inc. (HSMM) was based on providing Architectural and Engineering Services for two projects - Project 1, Streetscape Improvements, and Project 2, Atrium/Pedestrian Bridge - concurrently. However, only Project 1 was funded and has now been completed (both design and construction). B. This Supplemental Agreement adjusts the 29 January 1990 agreement's Basis of Proposal, Average Wage Rate Calculations and Tasks/Staff Hour Estimate to incorporate the following: 1. Scheduling and participating in additional design workshops with community leaders and area merchants to receive their input toward developing a new design concept for the Atrium/Pedestrian Bridge. 2. Wi th the imp 1 ementat i on of. the Hotel and Conference Center design and construction, redevelop and submit for review and discussion a Concept Design Drawings, for the Atrium/Pedestrian Bridge. 3. Adjust wage rates to account for the three year del ay in starting final design and construction of Project 2. Copies of these documents and a proposed Sheet List are attached. '~"".. ,Iii n' lIT 11 ,~1l111.."111' nDm..., If. .~"""'''''''''1'''.I'-"'''''''.' .... "."..."iMi.w,4,...j<lIillt....~,,'" C. Based on the items listed in B above, this Supplemental Agreement revises the original contract's project ceiling cost as follows: 1. Original Contract Ceiling Design & Construction Administration Cost To Date (Project 1 Dominion Tower Streetscape) $ 265,600.00 Revised Project Cost Ceiling - 120.968.67 $ 144,631.33 $ 199,950.00 - 144 . 631. 33 $ 55,318.67 $ 265,600.00 55.318.67 $ 320,918.67 Remaining Balance Supplemental Agreement No. 1 Total (For Atrium/Pedestrian Bridge) Less Remaining Balance Total Additional Fee Original Contract Plus Additional Fee """'I\':~TP 'In II nilll....m" ! ~1D1n"'''' rl ''''.''.'''''''.~t'..........,.. ,f'..~ .... ...'...'"u_~_ ~.....1IIli -. ~ ~.-.".... f. .,.',.,,,...'.....~...j,,.....,..,," IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1994. No. 32184-092694. A RESOLUTION ratifying the contract for emergency repairs to a 30-inch discharge line from a raw sewage pump at the Sewage Treatment Plant. WHEREAS, Section 41 of the City Charter authorizes the City Manager to make emergency repairs without the necessity for advertising and receiving bids, and said section further requires the City Manager to report the facts and circumstances relating to such purchases to the Council at its next regular meeting; WHEREAS, by report of June 13, 1994, the City Manger has advised of an emergency repair of a 30-inch discharge line from a raw sewage pump at the Sewage Treatment Plant. WHEREAS, on June 13, 1994, a contract was awarded to Structures & Utilities Company, Inc. in the amount of $29,193.00 to repair the damaged pipe section. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the contract for emergency repairs to a 30-inch discharge line from a raw sewage pump, is hereby RATIFIED; and the Director of Finance is hereby authorized and directed to make requisite payment to said contractor. ATTEST: City Clerk. ......"IM n1c"ll 11 R-I1I1___mr' I~ 1111III11,.'11 "'.....<l!'.~,."..+...,...."....,--. _..~.., ., oL .I.....Jll... I... ,,,.',,,,.........J...j.......,,,,,,", ~ij/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of September, 1994. No. 32183-092694. AN ORDINANCE to amend and reordain certain sections of the 1994-95 Sewage Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aoorooriation Maintenance $ Other Charges (1)................................. 1,016,997 556,202 Retained Earninas Retained Earnings - Unrestricted (2).............. $ 16,357,059 1) Maintenance- Equipment 2) Retained Earnings - Unrestricted (003-056-3155-2048) $ 29,193 (003-3336) (29,193) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. "'_'11 I!: T11' lIT 11 ,ITlIl___rm." [l"'_1r1l'lfrr "."....~.H1............'..' ',IIt-....~._~ r'.1IIlI -. -, ww..JU.JlUII.A ~ ~.".,' ,..'..... l" "ja.... ~/ ( 1-;-"__' l': i l .n.., ;:{t,;. Roanoke, Virginia September 26, 1994 ',,) 1 /, Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Formal Ratification of Contracts to Make Emergency Repairs at the Water Pollution Control Plant On June 13, 1994, a briefing was presented to Council on the need to engage a utility contractor on an emergency basis to make emergency repairs to a 30-inch discharge line from a raw sewage pump. Attached is a copy of that briefing. Section 41 of the City Charter requires a formal report of facts to City Council after a contract is awarded on an emergency basis. This is to advise that a contract was awarded to Structures & Utilities Company, Inc. in the amount of $29,193 to repair the damaged pipe section. Initial estimate for the pipe repair was $20,000 - $25,000. It took three (3) attempts and a new coupling installation to replace the section of pipe that was leaking. Work was complete as of September I, 1994. Council is requested to: 1. Ratify the award of the above contract pursuant to Section 41 of the City Charter. 2. Appropriate $29,193 from Sewage Fund Previous Years Retained Earnings to Account No. 003-056- 3155-2048. Respectfully submitted, LJ.G<0t4- U::J- W. Robert Herbert City Manager WRH:SLW:afm Attachment cc: City Attorney Director of Finance Director of Utilities & Operations ULS Manager STP Manager City Engineer l n 1I111~" n r 'I'['~ ., I ,II1<,___n "",.", ... .._,"_.' U.. ..','........... l..,.j"....""',,, '" Roanoke, Virginia June 13, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: 30-inch Sewage Line Leak within Basement Wall Approximately six (6) months ago we repaired a 90 foot run of 48 inch sewer pipe as it passed underground and passed through two (2) structural wall sections. Last week, another line, namely a 30-inch cast iron raw sewage pump discharge line began leaking within a basement wall section. Repairs to this line will entail cutting out a section of the line outside the wall, installing a blind flange, applying plastic coating to the damaged section, then installing a spool piece section to put the pump and line back in service. This work has been initiated under the emergency work provisions of the City Code due to the possibility of this section of line completely failing (rupturing) rather than just leaking. Estimated repair cost is $20,000-$25,000. A detail report will be provided to Council after repairs are made. Respectfully, W C2..c.u /L..d W. Robert Herbert City Manager WRH:KBK;pr cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Steven L. Walker, Manager, Water Pollution Control Plant Charles M. Huffine, City Engineer ..""", ili~lll Uf ~ 11 ,mll...m " 'I~ ~"'ln" m ~ ,......~-"............,.. . I.''''. iIIOI...J,j ~ ~..&I.... ..., .- ...", .. ",.','.,..'....j....',..."."" DEPARTMENT OF FINANCE CITY OF ROANOKE. VA. CITY' September 26, 1994 'SLl : ! 7.) 1 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: August Financial Report This financial report covers the first two months of the FY94-95 fiscal year. The following narrative discusses revenue and expenditure trends to date. REVENUE Total General Fund revenues have a positive variance of 25.73% over fiscal year 1994 on a year-to-date basis. Revenue is expected to even out as the year progresses. Variances in the specific categories of revenue are as follows: General Property Taxes are up substantially over this time last year, reflecting a timing difference in real estate collections. Real estate tax bills were mailed earlier in the FY95 fiscal year than in the preceding year, generating earlier payments from individual taxpayers and particularly from lenders making escrow payments. Other local Taxes are up 4.91 % over last year. Most of the increase to date is based on improved collection efforts for business license revenue. Sales tax revenue based on August sales was $1,119,935, which exceeded the prior year's sales tax revenue for the same month of $1,067,450 by 4.9%. Permits, Fees and licenses are up 5.36% over last year. This is attributable to increased building permit fees based on construction activity. Revenue from Use of Money and Property reflects a large percentage increase. Investment earnings from idle cash are up, and the city is receiving increased rent from the State for space occupied by Social Services in Municipal North. Grants-in-Aid Commonwealth is up 15.89% reflecting accrual based revenue in FY95 for rental car tax and shared expenses and a timing difference in the receipt of recordation tax. Grants-in-Aid Federal Government reflects a blizzard grant reimbursement in FY94, which accounts for the decrease in revenue for FY95. Charges for Services is up 12.03% due to increased EMS billings on a year to date basis. I~~,.~""I'" ~. . ~........... lJoI. ~.."",. ,tIi. I," j.,,..,...., Honorable Mayor and Members Roanoke City Council September 26, 1994 Page 2 Miscellaneous Revenue reflects a large variation due to the timing of surplus sale proceeds received early in FY95. Internal Services revenues are up 29.90% over fiscal year 1994. This increase is due to increased rates effective at the beginning of the fiscal year and also due to increased engineering work related to Water Fund projects. EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances for the General Fund are up 7.22% over the last fiscal year. Variances in certain categories are explained as follows: Judicial Administration expenditures are down 8.34% due to timing differences of expenditures on a year to date basis in the Law Library and Clerk of Circuit Court budgets. Public Works expenditures are up 33.41 % due to a timing difference in encumbering the City's annual paving contract. This difference will even out as the year progresses. Parks Recreation and Cultural expenditures show a decrease of 6.62%. This is related to the timing of reimbursements received by the Recreation department. Transfers to Debt Service Fund increase reflects principal and/or interest payments on the 1992 and 1994 bond issues. I would be pleased to answer any questions which City Council may have regarding the Monthly Financial Statements. JDG/pac Attachments ,..~,....~....I "A'___Wl, General Contingency: ~......j,.",..,...""..j.,....,,,,,.,..,., CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AUGUST 31,1994 Balance July 1, 1994 Ord. No. Deoartment 32165 Contributions Puroose Partnership for Urban Virginia Total Contingency Balance 1 $ 366,911 10.000) $ 356.911 "Ii.,,~,*~'" -, ~"""'."""I,..j.'..'''tIl'''' ~, CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue Revenue Source Jul 1-Aug 31 Jul 1-Aug 31 Percentage Revenue Estimate 1993-94 1994-95 of Chanae Estimates Received General Property Taxes $ 1,339,353 $ 2,619,022 95.54% $ 56,201,000 4.66% Other Local Taxes 3,466,698 3,637,061 4.91% 43,697,750 8.32% Permits, Fees and Licenses 123,522 130,139 5.36% 724,500 17.96% Fines and Forfeitures 111,216 123,524 11.07% 716,992 17.23% Revenue from Use of Money and Property 80,958 148,069 82.90% 1,026,600 14.42% Grants-in-Aid Commonwealth 2,118,618 2,455,337 15.89% 29,836,326 8.23% Grants-in-Aid Federal Government 56,858 5,701 89.97%) 41 ,000 13.90% Charges for Services 272,557 305,350 12.03% 2,671,399 11.43% Miscellaneous Revenue 1,963) 83,320 N/A 287,500 28.98% Internal Services 177.051 229.985 29.90% 1.718.500 13.38% Total $ 7.744.868 $ 9.737.508 25.73% $ 136.921.567 7.11% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of Jul 1-Aug 31 Jul 1-Aug 31 Percentage Unencumbered Revised Budget 1993-94 1994-95 of Chanae Balance Appropriations ObliQated General Government $ 1,639,632 $ 1,739,955 6.12% $ 7,821,409 $ 9,561,364 18.20% Judicial Administration 648,575 594,477 8.34%) 3,185,871 3,780,348 15.73% Public Safety 4,741,689 4,829,405 1.85% 27,574,335 32,403,740 14.90% Public Works 3,371,658 4,498,000 33.41% 16,471,814 20,969,814 21.45% Health and Welfare 2,349,119 2,312,099 1.58%) 16,365,875 18,677,974 12.38% Parks, Recreation and Cultural 1,045,342 976,103 6.62%) 3,909,540 4,885,643 19.98% Community Development 192,340 200,825 4.41% 951,021 1,1 51 ,846 17.44% Transfer to Debt Service Fund 4,311,017 4,897,772 13.61% 3,443,028 8,340,800 58.72% Transfer to School Fund 5,636,981 5,783,017 2.59% 28,998,720 34,781,737 16.63% Nondepartmental 1.948.615 1 ,922,51 6 1.34%) 1 .933,220 3.855.736 49.86% Total $ 25.884.968 $ 27.754.169 7.22% $ 110,654.833 $ 138.409.002 20.05% 2 STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of Jul 1-Aug 31 Jul 1-Aug 31 Percentage Unencumbered Revised Budget 1993-94 1994-95 of Change Balance Appropriations Obligated Instruction $ 2,914,484 $ 3,594,947 23.35% $ 51,055,725 $ 54,650,672 6.58% General Support 125,096 342,632 173.90% 2,557,699 2,900,331 11.81 % Transportation 194,859 149,898 23.07%) 2,658,073 2,807,971 5.34% Operation and Maintenance of Plant 1,741,342 2,752,926 58.09% 6,093,418 8,846,344 31.12% Food Services 76,436 188,401 146.48% 3,005,890 3,194,291 5.90% Facilities 1,150,143 497,307 56.76%) 881,660 1,378,967 36.06% Other Uses of Funds 1,513,521 718,211 52.55%) 1,395,231 2,113,442 33.98% Special Purpose Grants 2.160.012 1.484.015 31 .30%) 1.484.015 N/A Total $ 9.875.893 $ 9.728.337 1.49%) 67.647.696 $ 77 .376.033 12.57% ''''~'M~~' - ~"""'"">,ok'l..j,...,....,,. CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period Revenue Source Jul 1-Aug 31 Jul 1-Aug 31 Percentage 1993-94 1994-95 of Change $ 593,836 $ 671,171 13.02% 3,645,404 4,231,948 16.09% 17,681 17,867 1.05% 46,206 99,528 115.40% 5,654,821 5,824,118 2.99% 1.657 .335 937 .041 43.46%) $ 11.615,283 $ 11.781.673 1.43% State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total 3 Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $ 7,480,506 8.97% 26,697,649 15.85% 2,273,502 0.79% 2,288,916 4.35% 34,981,737 16.65% 1.484.015 N/A $ 75.206.325 15.67% ,'ltt-"..lt ,-~~ ~ ..1IllII ~. -, ~......""".,...,..j"~.,.....,..,, CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 1994 Expenditures Unexpended Outstanding Unencumbered Budaet To Date Balance Encumbrances Balance General Government $ 37,699,028 $ 25,139,545 $ 12,559.483 $ 627.426 $ 11,932,057 Education 10,195,151 5,847,091 4,348,060 369,549 3,978,511 Recreation 62,918 47,353 15,565 878 14,687 Streets and Bridges 8,559,260 5,033,841 3,525.419 979,785 2,545,634 Sanitation Projects 5,510,895 3,283,022 2,227,873 2,101,864 126,009 Traffic Engineering & Communications 1,283,609 1,225,659 57,950 26,984 30,966 Other Infrastructure Projects 7,551,035 4,530,773 3,020,262 807,732 2,212,530 Capital Improvement Reserve 2.705.143 2.705.143 2.705.143 Total $ 73.567 .039 $ 45.107.284 $ 28.459.755 $ 4.914.218 $ 23.545.537 4 ...,..IoI~...'.A--..., ~"'_""",..,......j.,.l,..."""" CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1994 1994 1993 Operating Revenue: Commercial Sales $ 572,289 $ 552,141 Domestic Sales 491,072 492,211 Industrial Sales 45,973 43,506 Town of Vinton 3,173 3,043 Roanoke County 184,392 215,428 Customer Service 52.430 62.661 Total Operating Revenue 1 ,349.329 1.368.990 Less: Operating Expenses Personal Services 184,299 175,804 Operating Services 419,859 338,111 Depreciation 133.812 134.868 Total Operating Expenses 737.970 648.783 Operating Income 611.359 720.207 Add: Non-Operating Revenue Interest on Investments 14,554 9,669 Rents 650 650 Miscellaneous 4.389 295 Total Non-Operating Revenue 19.593 10.614 Net Income $ 630.952 $ 730.821 5 ...."'I~~n'..r ,. - ,'<,,' 'Ii-'~'.~'''''''. -, WATER FUND AUGUST 31, 1994 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect New Services, Hydrants, and Lines Unidentified Plant Replacement Fire Hydrants FY 86 Project Design Carvins Cove Improvement Phase I Carvins Cove Improvement Phase " Carvins Cove Filter Plant Water Plant Expansion Bonds 92 Carvins Cove Filter Plant Phase I Falling Creek Finished Water Res. Carvins Cove Phase" Cont B-2 Carvins Cove Phase " Cont C-l Carvins Cove Phase" Cont C-2 Fifth Street Bridge Replacement RCIT Water Storage Tank Carvins Cove Phase " Cont B-1 RCIT Water Tank Carvins Cove Phase " Cont A-1 Carvins Cove Phase" Cont A-2 VDOT Waterline Betterment Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures . ~'-J"_. ~ ~",."" '..'.'..j".j,..." ," Year to Date EXDenditures $ 61,937 24,783 2,799 1 2,103 1,733,207 1,142,946 223,161 1,859,518 11,508,301 265,513 2,015,462 1,220,178 2,012,582 52,365 78,885 2,158,679 143,099 651,637 177,825 25,344,980 22.631.903 $ 2.713.077 NOTE: Some of these projects are continued from prior years with inception to date totals. 6 ,...,.,IoI.........oI~ ~.&J. ~ ....l "~____Wl " ~toIIIoit,',""'.".....j"..,...,.,"'j CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1994 1994 1993 Operating Revenue: Sewage Charges - City $ 951,986 $ 783,707 Sewage Charges - County 136,130 125,837 Sewage Charges - Vinton 36,400 38,894 Sewage Charges - Salem 109,145 90,943 Sewage Charges - Botetourt County 14,011 11,284 Customer Services 19,725 31,597 Interfund Services 7,541 5.257 Total Operating Revenue 1.274,938 1.087.519 Less: Operating Expenses Personal Services 243,886 230,178 Operating Expenses 573,460 895,802 Depreciation 160.174 161.681 Total Operating Expenses 977,520 1.287.661 Operating Income (Loss) 297,418 ( 200.142) Add: Non-Operating Revenue (Expenses) Interest on Investments 10,484 10,146 Miscellaneous 6,262 2,503 Interest Expense 1,875) 3.359) Total Non-Operating Revenue (Expenses) 14.871 9.290 Net Income (Loss) $ 312.289 190.852) 7 "Ii....'...dIII....JOJ..Mi.. ....l i~...___Wl, ~.....,l,',',.,...'..j,'..'_',.",.,"" CITY OF ROANOKE SEWAGE TREATMENT FUND AUGUST 31, 1994 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Less Prior Year Expenditures Year to Date EXDenditures $ 10,157 66,347 255,050 76,875 261,420 1 21 ,777 149.828 941 ,454 701.225 $ 240.229 Proiect Other Equipment FY86 Projects Design Sewershed 1/1 Project Design Phase I Sewershed 1/1 Reduction II Sewershed 1/1 Reduction WPCP-Chemical Storage Tanks STP Expansion Bonds - 94 Issue Total Project Expenditures Total Current Year Expenditures NOTE: Some of these projects are continued from prior years with inception to date totals. 8 ,j..,..l ,..~..... . f~ . ..... L - , ..... .....II."."..,."~,,,j",.. ,_.., ."" CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1994 1994 1993 Operating Revenue: Rentals $ 41 ,455 $ 52,433 Parking Fee 1,650 4,220 Event Expenses 15,569 14,958 Advertising 655 352 Admissions Tax 17,112 15,160 Commissions 14.340 10.178 Total Operating Revenue 90.781 97.301 Less: Operating Expenses Personal Services 134,026 126,505 Operating Expenses 177,833 151,689 Depreciation 55.662 55.022 Total Operating Expenses 367 .521 333.216 Operating (Loss) 276.740) 235.915) Add: Non-Operating Revenue Supplement from General Fund 644,196 618,631 Interest on Investments 3,156 1,357 Miscellaneous 396 554 Total Non-Operating Revenue 647.748 620.542 Net Income $ 371.008 $ 384.627 9 ""' ~_..- w.......""", ,...,~.j,...,...."",,, CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND AUGUST 31, 1994 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Year to Date EXDenditures Other Equipment $ 3.426 Total Project Expenditures 3,426 Less Prior Year Expenditures Total Current Year Expenditures $ 3.426 NOTE: Some of these projects are continued from prior years with inception to date totals. 10 .'... '_',1"1 ~...,.~ ..., j..,~,...'" .... r tI ..... -, ......1IJ1lAA u.. tll"",.,..."l.Hl._""",. CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1994 1994 1993 Operating Revenue: Century Station Parking Garage $ 46,418 $ 56,496 Williamson Road Parking Garage 40,637 56,489 Market Square Parking Garage 30,293 31,520 Church Avenue Parking Garage 71 ,694 88,475 Tower Parking Garage 37,948 34,421 Surface Parking Lots 19.502 9.651 Total Operating Revenue 246.492 277 .052 Less: Operating Expenses Operating Expenses 97,641 128,755 Depreciation 86.988 87.223 Total Operating Expenses 184.629 215.978 Operating Income 61.863 61.074 Add: Non-Operating Revenue (Expensesl Transfer from General Fund 657,211 827,000 Interest on Investments 8541 Miscellaneous 963 ( 6131 Operating Subsidy for GRTC ( 200,0001 ( 250,0001 Interest Expense ( 117.9711 ( 125.9541 Total Non-Operating Revenue (Expensesl 339.349 450.433 Net Income $ 401.212 $ 511.507 11 ,..'....~...... YO___'_Wl, 1il~.IIIILl"" Iht'tf'"", ,1Io...l...l ,_,.,'."" CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1994 1994 1993 Operating Revenue: Private Patient Fees $ 29,763 $ 24,174 Medicaid Patient Fees 39,979 42,079 Medicaid Reimbursements 133.499 131.582 Total Operating Revenue 203.241 197 .835 Less: Operating Expenses Personal Services 181,795 177,911 Operating Expenses 61,342 47,858 Depreciation 4.864 6.007 Total Operating Expenses 248.001 231.776 Operating (Loss) 44.760) ( 33.941) Add: Non-Operating Revenue Interest on Investments 1 ,420 691 Operating Supplement 440.750 404.419 Total Non-Operating Revenue 442.170 405.110 Net Income $ 397.410 $ 371,169 12 ,...'~,""~.;I. '1I'....---..IoUI.,' 1.O ..illUlJlIAA to.. It II",., ",..,...l.... ,_."", CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1994 1994 1993 Operating Revenue: Operating Revenue $ $ Total Operating Revenue Less: Operating Expenses Operating Expenses 50.533 10.522 Total Operating Expenses 50.533 10.522 Operating (Loss) 50.533) 10.522) Add: Non-Operating Revenue City Contributions (1 ) 123,350 Contribution from Virginia Tech 276,500 Proceeds from Brick Sales 17 .500 Total Non-Operating Revenue 294.000 123.350 Net Income $ 243.467 $ 112.828 (1) City contribution was recorded in September, 1994. 13 *~..~..... '-----IiUl, ~.....''''',."......l....,......,'''' CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND AUGUST 31,1994 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Conference Center Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures 14 Year to Date Exoenditures $ 5.367.667 5,367,667 3,256.136 $ 2.111.531 , "'....~............... ~. Ui. ..-......IIi..IlI..,,".,...,...j,...._,..'" CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS FOR THE 2 MONTHS ENDING AUGUST 31, 1994 TOTALS City Information Materials Management Utility Line Fleet Systems Control Services Services Management 1994 1993 Operatina Revenue Charges for Services $ 465.919 $ 24.786 $ 80.794 $ 457 .266 $ 440.197 $ 1.468.962 $ 1.206.753 Total Operating Revenue 465.919 24.786 80.794 457 .266 440.197 1 .468.962 1.206.753 Operatina Expenses Personal Services 207,397 11 .404 11,764 335,733 178,654 744.952 717,647 Operating Expenses 92,786 2,162 37.939 86,134 104,926 323.947 325,192 Depreciation 35.589 273 6.645 30.149 170.803 243.459 247.415 Total Operating Expenses 335.772 13.839 56.348 452.016 454.383 1,312.358 1.290.254 Operating Income (Loss) 130.147 10.947 24.446 5.250 14.186) 156.604 ( 83.501 ) Nonoperatina Revenue Interest Revenue 7 .422 1.322 1.327 6.799 4.042 20.912 18.196 Total Nonoperating Revenue 7 .422 1.322 1.327 6.799 4.042 20.912 18.196 Net Income (Loss) $ 137,569 $ 12.269 $ 25.773 $ 12.049 $( 10.144) $ 177.516 $( 65.306) 15 .,'.... ,.,.,., ~ r 'WI"~..., .~ - ",,,. ....--,l....J_",.""..'....t...,....,.""".. CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS AUGUST 31, 1994 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect CIS - Other Equipment MS - Other Equipment ULS - Vehicular Equipment ULS - Other Equipment ULS - Sewershed Study FM - Vehicular Equipment Total .'... 11II'''''' ~ r 11'1' ...". 16 nor .. Year to Date EXDenditures $ 19,536 1,100 78,810 42,300 927 156.897 $ 299.570 ,...,"~~..... 'W..----Wl, ~ ..!"'lIlilAA U..........,...'.',..,.,..l.... '...',"'~, CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED AUGUST 31, 1994 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED AUGUST 31, 1994. .FlJ..~...................................... ..............~i;'Ar.... .............Hi=tl!~-=I~$...... .......~1S~9~-=i'!r$...........~.~1n..... .. .........................................................M*~~.1_................. ........... .......................................................................................~$~.~J;t*.... GENERAL $10,073,978.20 $8,029,752.34 $15,606,972.73 WATER 13,767,815.05 1,712,918.10 3,193,719.29 SEWAGE 18,645,444.10 1,521,461.48 2,995,929.77 AIRPORT 5,447.97 0.00 0.00 CIVIC CENTER 581,360.38 64,345.88 161,253.70 TRANSPORTATION 196,170.33 139,827.02 891,175.54 CAPITAL 20,004,124.18 256,516.01 813,486.77 NURSING HOME 260,597.52 105,616.98 134,842.46 .>~1,~~J.P4 HOTEL & CONVENTION 9,476,847.73 9,376.00 747,940.63?a~~~~~9 DEBT SERVICE 5,857,168.00 5,720,218.91 5,034, 139.88.~l~~",7~~ CIS 1,348,606.43 91,217.72 111,940.321~~~.~~ MATERIALS CONTROL 259.147.80 75,908.23 98, 153.45 ......~~~,;~> ~~~~EL~~~ ::::IC 1 ,~~~::~~:~~ ~~:~~~::~ 1 ~~:~;~:~~ <~~~~:.~ FLEET MAINTENANCE 906,909.78 145,424.90 125,594.65>n~~rlll4~P3H PAYROLL (2,040.242.05) 7,463,708.93 7,646,668.09 H~22a~t21) ~~~~~~ FUND 7 ,~6~:~~~:~: 4,:~~:~~:~ 2,~~:~~~::1.t<~11:.I.> FDETC 181,183.15 123,676.42 480.762.52....(t~~~ GRANT PROGRAMS 758.502.27 188.790.11 611.121.98 >>>3381'1040 TOTAL $89,898,393.18 $30,993,913.53 $42,612,237.59~'-~~$~ti~~ ...~F.::~1........ "....'....',........,.,.....,.,. ....iIii.i... ..~........<>>.... .....~';~~i.l_....... $11,128,453.80 29,094,135.93 2,478,592.31 5,989,310.81 216,155.99 (686,695.61) 16,466,754.47 82,185.73 (224,913.82) 2,153,528.80 1,128,883.86 258.258.12 240,788.80 768,321.73 769,977.32 (712,930.56) 421,697.78 1,578,768.78 395,926.53 25.476.81 $71,572,687.58 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED AUGUST 31, 1994 THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: CERTIFICATES OF DEPOSIT REPURCHASE AGREEMENTS VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL .'...'.,.. ......... . '.. ,... '. ... .,.. ..".", '.... ".. ., ...." ...,. ...,.,., ..' ,'..,.."...,',......,', ....'. ',' '....,.....,. '.. ....' ."'... . . .,." .. ........ ........."'.'.,,,. ...'...,' ..... .,......'.. . ...". '. .,...'...,.' ..'...,...,.,.. ..........'..". ...... . .. .,'........'.... .',' , .. .'....... .... . ,.'..,.... .. ....".,. .'. ,.......... '..'.'. ,......, ........'.....,. ....".."...,......, '''' .......:.......:..:..'...~'.~5'..... ..........~~t~~ DATE: SEPTEMBER 13,1994 ~JL~&~ GORDON E. PETERS, TREASURER 17 .'.............' ....L . ., li,.._....'....II......"""".....l...l,,...<,,,, CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 2 MONTHS ENDING AUGUST 31, 1994 Revenue City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amoritization Total Revenue Exoenses Pension Payments Active Service Death Benefit Fees for Professional Services Expense from Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date (1) Reversal of accruals as of June 30, 1994. (2) Reversal of accruals as of June 30, 1993. '.... 1I,J.~n ~__ _. 1994 1993 $ 764,334 281,025 309,363 31.951 $ 778,764 682,607 1,306,290 57.141 $ 2.824.802 $ 1.386.673 $ 1,213,104 $ 1,329,309 12,181 80,752) (1 ) 2,333) (2) 99,939 65,635 6,024 1.999 1.238.315 1.406.791 $ 148.358 $ 1.418.011 18 ,...,~,~~.I... ,y~'___Wl Assets Cash Investments: (market value - Due from Other Funds Other Assets Total Assets Liabilities and Fund Balance Accounts Payable Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance ... ""..,.-- 11... .....,..'....,'..'..,..j".l ,...",~, CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF AUGUST 31, 1994 1994 $166,088,519 1993 $161,142,507) 1994 1993 $ 451,895 $ 205,667 145,411,392 137,500,603 919 18.000 18.000 $ 145.881,287 $ 137,725,189 $ 2,894 $ $ 612.605 $ 582.787 615.499 582.787 145,117,430 135,724,391 148.358 1.418.011 145.265.788 137 .142.402 $ 145.881,287 $ 137,725,189 Total Liabilities and Fund Balance 19 .,....' .............. ~ _.., '..., ...____101 .~'.'~ ... ..JlIJ~'" 11. ''''..........J..,.I._..'"''"., / ./ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #5-24-57 Evelyn Jefferson Vice- President - Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 Dear Ms. Jefferson: I am enclosing copy of Ordinance No. 32185-092694 amending and reordaining the Code of the City of Roanoke (1979), as amended, by amending subsection (b) of Section 30-13.1, Same -- Use of wheelbarrows, handcarts, bicycles, skates, etc., on sidewalks, to authorize law enforcement officers to operate bicycles on City sidewalks. Ordinance No. 32185-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. I am also enclosing copy of Ordinance No. 32186-092694 amending and reordaining the Code of the City of Roanoke (1979), as amended, by amending subsection (a) of Section 23-19, Sale - Generally, to set forth procedural requirements before the Chief of Police may lawfully dispose of seized or unclaimed property. Ordinance No. 32186-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. Sincerely, ~~ d. yo~ Mary F. Parker, CM~,{AE City Clerk MFP: sm Enc. ""r'.'fOI'.".'''~IP'""''''''I'''I''''~'''' ,"""~"""'".''' ".lIi.<I.' --~. -. ~.. .... ,,',~,..,' "l;..JJllJlL&ILh .....4.............1._....,.., / / // CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.w., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #5-24-57 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 32185-092694 amending and reordaining the Code of the City of Roanoke (1979), as amended, by amending subsection (b) of Section 30-13.1, Same -- Use of wheelbarrows, handcarts, bicycles, skates, etc., on sidewalks, to authorize law enforcement officers to operate bicycles on City sidewalks. Ordinance No. 32185-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. I am also enclosing copy of Ordinance No. 32186-092694 amending and reordaining the Code of the City of Roanoke (1979), as amended, by amending subsection (a) of Section 23-19, Sale - Generally, to set forth procedural requirements before the Chief of Police may lawfully dispose of seized or unclaimed property. Ordinance No. 32186-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. Sincerely, ~'t J;-. I~ Mary F. Parker, CMC / AAE City Clerk MFP:sm Enc. """"_,~"..,.,'~"'"""r'N""'~!,,,,' 10<'''''''''''''''''''';'''''' ..................... ~. -. ~........'..'b.,'..'~...j...j,_.-..,'" fIJ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1994. No. 32186-092694. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by amending subsection(a)of Section 23- 19, Sale - Generally, to set forth the procedural requirements before the Chief of Police may lawfully dispose of seized or unclaimed property; and providing for an emergency. BE IT ORDAINED by the Council of the ~ity of Roanoke that: 1. Subsection (a) of Section 23-19, Sale - Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 23-19. Sale - Generally * * * (a) If property seized or otherwise taken possession of by the police force is not claimed by the rightful owner thereof, and possession surrendered to such owner, within sixty (60) days from the date of the final disposition of the court proceedings in connection with which such property was seized or otherwise taken possession of, or in case there are no such court proceedings, if such property so seized or taken possession of is not claimed by the rightful owner thereof, and possession surrendered to such owner, within sixty (60) days from the date of such seizure or taking by the police, the chief of police ,,"""" lI'~n11'r'r 1'1 nIRr___mr'" . .__.._ '''''' '1"........"""....1"_....."., ... ........".. . l o,',.,',."....'...~.... ....' ,.,,,', ," shall (i) make reasonable attempts to notify the rightful owner of the property, (ii)obtain from the commonwealth's attorney in writing a statement advising that the item is not needed in any criminal prosecution and (iii)cause to be published in a newspaper of general circulation in the City once a week for two successive weeks notice that there will be a public display and sale of unclaimed personal property. The notice shall describe generally the property and shall set forth the date, time and place of the sale. * * * 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, upon its passage, this ordinance shall be in full force and effect. ATTEST: City Clerk. ',w-rlr"Tlrrrr 11 nll1l___mr" " ,_...,_.~ ' '~"......,1*"~"-.."',,.. , .. ~_.."- u.. .... ,.,,",...~.,,~.... ,_.."~,,,. )l3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September. 1994. No. 32185-092694. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), by amending subsection(b)of Section 30-13.1, ~ -- Use of wheelbarrows. handcarts. bicycles. skates. etc.. on sidewalks to authorize law enforcement officers to operate bicycles on City sidewalks; and providing for an emergency. BE IT ORDAINED by the Council of the ~ity of Roanoke that: 1. Subsection (b) of Section 30-13.1, Same Use of wheelbarrows. handcarts. bicycles. skates. etc..on sidewalks of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 30-13.1 Same -- Use of wheelbarrows. handcarts. bicycles. skates. etc.. on sidewalks. * * * (b) No person, except a law enforcement officer in the performance of his official duties, shall ride any bicycle, including bicycles equipped with training wheels, on any sidewalk. * * * 2. In order to provide for the usual daily operation of the .*",II'1r111rrr 11 ~ll1~__mr" f" ,..."....,.. ~.."".....""..",.,_.._..., ...,"""'.'"_. 11,.. """~,"'I,......,.j,_",,,,,,,.. municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. '....1II11~f11 r l"r "'1"' n~_.____mr' ,.. ~"","'t........~...j ,...."..~",., " CITY O~ llo:ANOKE l., l ! OFFICE OF CITY ATTORNEY 464 MUr-@IIPAt, ~IL':~G;! 1 . 215 CHURCH A\teNlfE: sw' I , ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-981.2431 TELECOPIER: 703-224-3071 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L YATES ASSISTANT CITY ATTORNEYS WILBURN C. DIBLlNG, JR. CITY ATTORNEY September 26, 1994 The Honorable Mayor and Members Roanoke City Council Roanoke, Virginia Re: Amendments to City Code: (I)Sidewalk Regulations and (2)Disposition of unclaimed property Dear Mayor Bowers and Members of Council: I have prepared for your consideration two ordinances amending the Code of the City of Roanoke, (1979), as amended. Both of these ordinances are of a "housekeeping" nature, and both relate to the Police Department. The first ordinance amends the City Code to permit police officers who are operating bicycles in the performance of their duties to ride on the sidewalks of the City. As you know, the police department has recently issued bicycles to some of its officers. This ordinance would facilitate the law enforcement capabilities of these officers. The second ordinance is designed to conform the requirements of the City Code which pertain to disposition of seized or unclaimed property to the provisions of state law. As you will see, the ordinance provides that, before disposing of this type of property, the Chief of Police is required to make reasonable attempts to notify the rightful owner of the property, obtain a written statement from the Commonwealth's attorney advising that the seized item is not needed in any criminal prosecution and cause publication of a newspaper advertisement once a week for two successive weeks giving notice that the items will be on display to the public and will thereafter be sold. These proposed amendments have been endorsed by the Director of Public Safety and the Chief of Police. I will be pleased to respond to any questions which members of Council may T........." ~.., ,," .... ,...,11 LL'........... u..........,h"..,I,..~,'oIl,_..,.,"" ~ Page 2 The Honorable Mayor and Members Roanoke City Council September 26, 1994 have about these ordinances. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD/lsc cc: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety M. David Hooper, Chief of Police " ,'.......","'~....... ..--... '''''",''<>'', . ~.ImIlIlAA,~ _.............,_."., .~ ;-:: -~:; CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #133-373-468 Jonathan Apgar David Damico Gar- Dam, Inc. 313 Campbell Avenue, S. W. Roanoke, Virginia Gentlemen: I am enclosing copy of Ordinance No. 32187-092694 authorizing the proper City officials to enter into a lease between the City of Roanoke and Gar-Dam, Inc., for use of office space located at 317 Camp bell A venue, S. W., by the Commonwealth Attorney's Office, upon certain terms and conditions. Ordinance No. 32187-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. Sincerely, ~1.s'~ Mary F. Parker, CMC / AAE City Clerk MFP: sm Enc. ,.....,.~.I.1 'U~'_--"Wl, '" .iJIIJUU U....lOM.II,',.,'., ,01. j'" l...j ,OIl.",.."", ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1994. No. 32187-092694. AN ORDINANCE authorizing the proper City officials to enter into a lease between the City of Roanoke and Gar-Dam, Inc. for use of office space at 317 Campbell Avenue, S.W. by the Commonwealth Attorney's Office, upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk a.re authorized to execute and attest, respectively, for and on behalf of the City, in form approved by the City Attorney, with Gar-Dam, Inc., or its successor in title, a lease of office space on the second floor of 317 Campbell Avenue, S. W., for use by the Commonwealth Attorney 's Office, for a five year term with an option to renew for an additional five years, commencing October 1, 1994, at a monthly rental of $1,800.00 for the first year, said rate to increase $100.00 per month each succeeding year, as more particularly set forth in the report of the Water Resources Committee dated September 26, 1994. Such lease shall contain such other terms and conditions as are approved and required by the City Manager. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. ,.. -.. .',,'.' ,., h,~.,.j '..',.."", '. Roart9'..\ce ~ v lrg ini a September 26, 1994 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lease Agreement - Commonwealth's Attorney's Office The attached report was considered by the Water Resources Committee at its regular meeting on September 12, 1994. The Committee recommends that Council authorize a new lease between the City and Gar-Dam, Inc. for five years, with option to renew for an additional five years, at a rate of $1,800 per month for the first year, to increase $100 per month each succeeding year, in a form approved by the City Attorney, in accordance with conditions stated in the attached report. Respectfully submitted, Ef~~ ::~~~son Water Resources Committee ETB:KBK:afm Attachments cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Real Estate Agent Chief, Billings & Collections Commonwealth's Attorney .... ~.i""""'''I1.j"..,_",,,,,,, CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: September 1 2, 1 994 TO: FROM: rpf::f:..7ff.!;;.r Resources Committee ~. Kiser, Dire~t~,l.\ti~i~ies and Operations thru W. Robert Herbe~anager SUBJECT: Lease Agreement - Commonwealth's Attorneys Office I. Background: A. Additional office space is required by the Commonwealth's Attorney due to growth in staff and programs since moving into their current office in the Courthouse. The additional space would relieve current over- crowding, provide space to expand the collections program, and allow consolidation of the Regional Drug Prosecutor's Office. II. Current Situation: A. Commonwealth's Attorney has located suitable space on the second floor of 317 Campbell Avenue, S. W., Tax Map Number 1010835, owned by Gar-Dam, Inc. B. Lease will be for a period of five years, with the option to renew for an additional five years, at a rate of $1,800 per month for the first year, to increase by $100 per month each succeeding year thereafter. Initial rate calculates to be $6.55 per square foot per year inc.luding basic utilities but excluding custodial and telephone service. This is considered a very competitive price for newly remodeled space. III. Issues: A. Need B. Timing C. Cost to City '111'. 1IIII~"Tl~c"'r' .... ..n~___ ,.." ,...,..,._~M.. _ _. -, '"' "....,....' ~. JL.i",,, ", ,... ~ ..~".j .'... .' ",' '. Members, Water Resources Committee Page 2 IV. Alternatives: A. Committee recommend that City Council authorize a new lease between the City and Gar-Dam, Inc. for five years, with option to renew for an additional five years, at the rate of $1,800 per month for the first year, to increase by $100 per month each succeeding year thereafter, in a form approved by the City Attorney. 1. Need of Commonwealth's Attorney for additional office space is met. 2. Timinq to allow relocation of staff as soon as possible is critical. 3. Cost to City will be $1,800 per month for the first year, to increase by $100 per month each succeeding year thereafter. Funds are available in the operating budget of the Commonwealth's Attorney. B. Committee not recommend that City Council authorize a new lease between the City and Gar-Dam, Inc. for five years, with option to renew for an additional five years, at a rate of $1,800 per month for the first year, to increase by $100 per month each succeeding year, in a form approved by the City Attorney. 1. Need of Commonwealth's Attorney for additional office space is not met. 2. Timinq to allow relocation of staff would be delayed. 3. Cost to City is zero. V. Recommendation: Committee recommend that City Council authorize a new lease between the City and Gar-Dam, Inc. for five years, with option to renew for an additional five years, at a rate of $1,800 per month for the first year, to increase by $100 per month each succeeding year, in a form approved by the City Attorney, in accordance with Alternative" A" . KBK\SEF\kh cc: City Attorney Director of Finance Chief, Billings & Collections Commonwealth's Attorney ~ -. "~ ..,.... ...........-1... l."'....~....'._...4"... DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY AREA CODE 703 TEL NO 981-2626 CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRGINIA 24016 August 18, 1994 Mr. W. Robert Herbert City Manager Municipal Building Roanoke, VA Re: Request for Approval of Lease Agreement Dear Bob: I am writing this letter to request your approval for the City of Roanoke to enter into the attached lease. As you know, the staff of this office has grown to a point where the Courthouse facilities have been maximized for at least four years and the Regional Drug Prosecutor has been leasing office space. Wi th the approval of the Cost Collection unit and the addition of three additional staff, it is imperative that we have additional space. The proposed lease involves the entire second floor of an office building located across from the Police Department on Campbell Avenue owned by John Apgar and David Damico. After consultation with appropriate staff personnel from the City, a proposed lease agreement has been reached which provides sufficient convenient, secure, and competitively-priced office space to meet our needs for a minimum of ten years. Additionally, the funding of the lease will be accomplished through the Cost Collection proceeds and the Regional Drug Prosecution grant. If you have any questions or comments, please contact me. Very truly ~ C"i:n 'SO Donald S. caldwel~ Commonwealth's Attorney DSC:btw .........~IIII" - ,...,"'-~_. - - ~ . .......... 1.1... ,,,,,,'..,..'...j.... '.~..~,,'"' THIS LEASE, made this the _ day of ,199__, by and between GAR- DAlvf, INC., hereinafter called the "Lessor", and CITY OF ROANOKE, h(::inafter called the "Lessee" . WITNESSETH 1. LEASED PREMISES. That in consideration of the rents and covenants herein set forth, Lessor does hereby lease to Lessee, and Lessee hereby leases from Lessor, under the tenns and conditions hereinafter set f01ih the following described property, to-wit: J17 Campbell Avenue. S.W., (second floor) Roanoke. Virginia, hereinafter known as the "Leased Premises," containing 3300 square feet, more or less. 2. TE~J-,- The term of this Lease shall be for a period of five (5) years, commencing on the 1st day of October. 1994, and terminating at midnight on the 30th day of SeptcmbIT.,. 1999. In addition, the Lessee shall have the option to renew for an additional five (5) year term, with said option to be exercised in writing no later than June 30, 1999. 3. RENT. TIle rental fee for the Leased Premises shall be the total sum of $1,800.00 per month during the first year of the tenancy, with the rent to increase by $100.00 per month on October 1, 1995, and by a similar amount on October 1 of each year thereafter. In all instances, rent shall be payable each and every month during said term, without demand therefor, on the first day of each calendar month of such term, in advance. 4. USE OF PREMISES. Lessee shall not, without written consent of Lessor, use the Leased Premises, nor allow them to be used, for any unlawful purpose or for any purpose other than non-public access office space. 5. UTILITIES. The Lessor shall supply heat, air conditioning, electricity and water to the leased premises without charge to the Lessee. The Lessee shall be responsible for the cost of installation of and maintenance of any telephone or facsimile lines serving the leased premises, including all charges relating to wiring, installation, lease or purchase of said equipment. Lessee will coopef1te with Lessor and Lessor's contractor to provide necessary equipment, information or services at appropriate stages during renovations to be conducted by the Lessor prior to occupancy by the Lessee. 6. Mr'\JNTENANCE AND REPAIRS. Lessee will keep the premises in good order and repair, reasonable wear and tear excepted. Lessee will be responsible for the regular janitorial 1 ..... ,II!:: 1'1! liT 11 '~I,III___rm" " '.....,n..; fr IJ'~ .,~....""'....,"1..1............". , L --- fit .1I..;""."......l",oIj ,_,,'"~'''' cleaning, including emptying trash and vacuuming of the Leased Premises, at its own expense. Lessor will be responsible for the structure of the building, the stairwell, the heating, ventilation and air conditioning systems and plumbing maintenance. 7. CHANGES TO PROPERTY. Lessee will make no additions, alterations or improvements, or structural changes, including painting of the interior or exterior surfaces of the Leased Premises, without prior written consent of the Lessor. 8. REMODELING PRIOR TO OCCUPANCY BY LESSEE. The parties agree that the Lessor will make certain repairs, cosmetic changes and re-carpeting, as is agreed upon between the parties and lIsted in attached Exhibit A, which is made a part of this Lease and incorporated herein as if set out in this paragraph, with said repairs and changes to be to the satisfaction of the initial tenant, the Commonwealth's Attorney Office. The configuration of the offices shall be as shown on attached Exhibit B, a drawing of the premises, which is made a part of this Lease and incorporated herein. 9. INSURANCE. The Lessee shall insure, at its own expense, personal property used or stored on the Leased Premises. Lessor will not be responsible for damage to Lessee's property unless caused solely by the negligence of the Lessor. Lessor shall m2.intain hazard insurance on the structure itself. Lessee will provide proof of self-insurance in the amount of at least $500,000.00 to protect Lessor in the event that Lessee, its agents, employees, clients, guests or invitees arc injured on the Leased Premises. 10. ASSIGNMENT AND SUBLETTING. Lessee shall not assign or sublet all or any part of the premises without prior written consent of Lessor. Lessor shall not unreasonably withhold consent to any assignment or sublet. 11. SIGNS. Lessee may, but is not required to, have a sign advertising its business on the front door of the Leased Premises. In the event that the Lessee chooses to install a sign, the Lessor will require that the sign be of the general type and appearance of the signs already in place at 313 and 315 Campbell Avenue, S.W. 12. AMERICANS WITH DISABILITY ACT. The parties agree that if it becomes necessary for the Lessee to provide access to the premises pursuant to the Americans With Disabilities Act (ADA), the Lessee shall notify the Lessor in writing of this requirement. Lessor shall have sixty (60) days from the receipt of the notice to make the necessary changes to the ..., .... '.....1 ~m T11 llr 11 i~llll....m"w ;' ~,lIlm.., IT ' ~'"'''''''''''1''''''-''.''''' , ,_,li.......~.......... -. - ... ~......"... 11 ""."."...01,1..01 '... ,... ...' ,,' Leased Premises to allow access in compliance with the ADA and, if the Lessor is unable or unwilling to so comply, then Lessee may terminate the lease at the end of the sixty (60) day period, without responsibility for additional rent payments after the expiration of the sixty (60) day period. 13. DEFAULT. If at any time, the rent is more than five (5) days late, of if the Lessee files for bankruptcy or abandons or vacates the Leased Premises, the total rent provided for in this Lease, whether accrued or not, shall, at the option of the Lessor, immediately become due and payable, and Lessor shall have the right to enter the Leased Premises at once to remove any property therein, without liability for damage and without obligation to store such property, and to re-rent the property for the unexpired portion of the term and receive the rent and apply the same, after deduction of appropriate expenses, to the rent payable hereunder, Lessee remaining liable for any deficiency; or the Lessor may, at option, immediately terminate this Lease, in which event Lessee shall quit and surrender the Leased Premises to Lessor, providing that neither terminating this Lease under this clause nor recovering possession of the Leased Premises shall deprive the Lessor of any other action or remedy against the Lessee for possession, for rent or for damages. All of the Lessor's rights shall be cumulative and shall not preclude the Lessor from exercising all other rights and remedies provided by law. 14. LOCKS AND KEYS, Lessor will provide Lessee and its employees with keys to the front door and keys to individual offices as required. Lessee will be responsible for retrieving keys from any employees who leave Lessee's employment for any reason. Lessor may charge a reasonable fee for producing and issuing replacement keys. 15. AUTHORITY TO ENTER. Lessor may enter the Leased Premises at all reasonable times for the purpose of inspecting or for making repairs, whether the Lessee be present or not. 16. AUTHORITY TO SHOW. During the last ninety (90) days of the term, if Lessee has not exercised its option to renew, Lessor may place the premises on the market and Lessor, or its authorized agent, shall be permitted to enter at all reasonable times to show the premises to prospective tenants. 17. WHOLE OF THE AGREEMENT. The parties agree that this Lease represents their entire agreement. 3 "'-"'11II"11'" lI'r "II ,n~_~__mr ' ,~ .....,.........,..~._.....,.." ._11:.....................' ..... . -, ... _,w_ 1.0... ~"h,..H,""~.... ,.., ..~"., 18. LEGAL INTERPRETATION. The parties agree that this Lease is governed and construed in all respects and enforced according to the laws of the Commonwealth of Virginia. WI1NESS the following signatures this the _ day of , 1994. LESSOR, for GAR-DAM, INC. LESSEE, for the CITY OF ROANOKE 4 .,.,. 'lII'~n~ c lrr ~I ,"~...___I'I'I " ""~"-"., ....-....."......~..,..., , ,'WiI~J.JJ ~J,iJ.. .1.1 'UJ__1JIl I.,...".,,',,'.., ,.,"""''',,--........-"''~,.,' Li. .l..-aJ...' d. ' ~"''''''''I.'' / CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.w., Room 456 Roanoke, Virginia 240 11 Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #60-70 Walter O. McCulley, President Consolidated Industrial Roofing, Inc. 2011 Cook Drive Salem, Virginia 24153 Dear Mr. McCulley: I am enclosing copy of Ordinance No. 32190-092694 accepting the bid of Consolidated Industrial Roofing, Inc. , for replacing the roof at Fire Station No. 13, in the amount of $22,435.00, and 90 consecutive calendar days, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32190-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. Sincerely, ~7 J.?~~ Mary F. Parker, CMC l1{AE- City Clerk MFP: sm Enc. vJ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of September, 1994. No. 32190-092694. AN ORDINANCE accepting the bid of Consolidated Industrial Roofing, Inc., for replacing the roofat Fire Station No. 13, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Consolidated Industrial Roofing, Inc., made to the City in the total amount of $22,435.00, and ninety (90) consecutive calendar days, for replacing the roof at Fire Station No. 13, as is more particularly set forth in the report to this Council dated September 26, 1994, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. "_1I,......,..,~ r...r ...," -' ,;..,.,j.dOi.JJ...AiI.. ..... ~''''---'''Wl, c.;. JJlIJUU ..i.......ll..""",."...,I,..j,...,..,.,,,,,;, 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. ,...,...~....... lilli, ; ~JllJllAI' u.. iii..,,., ,.,.I,..J..... '...,., "'" I/Y/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of September, 1994. No. 32189-092694. AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital and General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 capital and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: caoital Fund Appropriation Public Safety $ Fire station Roof Replacement (1)................... 25,000 25,000 General Fund Appropriation Public Works Building Maintenance $20,944,814 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,979,383 Non Departmental Transfer to Other Funds (3) ......................... $47,003,273 46,189,587 1) Appropriated from General Revenue 2) Maintenance of Fixed Assets (008-052-9697-9003) $ 25,000 (001-052-4330-3057) (25,000) ............ "', or ...," ~ "" lit,~oII~-' -, '" M__._ ..... ~IlI"",,"',oI,"I-""~"'.,..,," "".., 3) Transfer to capital Projects Fund (001-004-9310-9508) $ 25,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '......IIIl'T1Ir.,.,. '1 1..___1'1'II' .,. ~__"_ ...... 11II.1''''...'''......,'....,,'_....,.. , .... t ...".'" ,j..I...I,......,., ,,,'. ['1....'.1 Roanoke, Virginia September 26, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT ROOF REPLACEMENT FIRE STATION NO. 13 APPLETON AVENUE AT PETERS CREEK ROAD, N.W. PROJECT NO. 10-94B I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, w~~~ ~~ W. Robert Herbert City Manager WRH/LBC/kh Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Building Maintenance .~ 11lI'"l'l,1 r'lIT~ 71,1 lU,____1R' ""H' ;""""".......-", " m, R__._ ,., " l....~~.."" ...,'..~... 'U___'....Wl" , ~-~....Ili;','".,...,l..j,..j,...".,'" Roanoke, Virginia September 26, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: BID COMMITTEE REPORT ROOF REPLACEMENT FIRE STATION NO. 13 APPLETON AVENUE AT PETERS CREEK ROAD, N.W. ROANOKE, VIRGINIA PROJECT NUMBER 10-94B I. Backqround: A. Prolect consists of the removal of the present gravel ballast from the roof surfaces and stockpiling on site as directed by the Fire Captain; the removal of the existing roof membrane and existing slip sheet under the roof membrane; providing and installing new 1/2" insulation board on the lightweight concrete deck, the single ply new roof membrane, and the stockpiled roof ballast that will be washed by the Fire Department personnel. B. Bids, following proper advertisement, were publicly opened and read aloud before D. D. Roupe, Manager of General Services, on August 23, 1994, at 4:00 p.m., in his office in Room 353 of the Municipal Building. C. Four (4) bids were received with Consolidated Industrial Roofing, Inc. , of Salem, Virginia, submitting the low bid at $22,435.00 and ninety (90) consecutive calendar days. II. Issues in order of importance are: A. Compliance of the bidder with the requirements of the contract documents for bidding. B. Amount of the low bid. C. Fundinq of the project. D. Time of completion. ...., ,~r '_~'''''''"",,"..''.''' liO,.,'" .... .... . ~,MJ. ... .., . -" Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROOF REPLACEMENT FIRE STATION NO. 13 Page 2 September 26, 1994 III. Alternatives are: A. Award a lump sum contract to Consolidated Industrial Roofing, Inc., of Salem, Virginia, to provide and install a new roof membrane on Fire Station No. 13 in accordance with the contract documents as prepared by the Office of the City Engineer for the sum of $22.435.00 and ninety (90) consecutive calendar days. 1. Compliance of the low bidder with the requirements of the contract documents for bidding was met. 2. Amount of the low bid is acceptable. 3. Fundinq for this project is available Building Maintenance Fixed Asset account 001-052-4330-3057. in the number 4. Time of completion is quoted as ninetv (90) consecutive calendar days, which is acceptable. B. Relect the bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents for bidding would not be an issue. 2. Amount of the low bid would probably increase when rebid at a later date. 3. Fundinq would not be encumbered at this time. 4. Time of completion would be extended and the roof would continue to leak. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative IIAII. r_ '. r.. l~"'",,,,,,,,,,".,,,," 1Ilo,,,'-IoI~.Ll'iJIII__""Wl,, ~....,j,.,.".,.,j..j....,...,.,<"" Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROOF REPLACEMENT FIRE STATION NO. 13 Page 3 September 26, 1994 B. Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with Consolidated Industrial Roofing, Inc., of Salem, Virginia, to provide and install a new single membrane roof on Fire Station No. 13 in accordance with the contract documents as prepared by the Office of the City Engineer in the amount of $22,435.00 and ninety i2Ql consecutive calendar days. C. Transfer funding of $25,000.00 from the Building Maintenance Fixed Asset account number 001-052-4330- 3057 to a Capital Projects Fund account for Roof Replacement at Fire Station No. 13 as follows: Contract Amount Contingency Total $22,435.00 2,565.00 $25,000.00 D. Relect the other bids received. Respectfully submitted, w~~~. ~ William F. Clark ~c~ George Snead WWjLBCjkh Attachments ,;...~....~.I.1 '~I'__Wl.,. ~_,+""""l"j....,..".,,,,,,, Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROOF REPLACEMENT FIRE STATION NO. 13 Page 4 September 26, 1994 cc: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Building Maintenance ,....,.~.JJ 'UI__.:.IWI, L.L ....~ U..I~"'."';.""""I"l,..j,..,~"", TABULATION OF BIDS ROOF REPLACEMENT FIRE STATION NO. 13 APPERSON AVENUE AT PETERS CREEK ROAD, N.W. ROANOKE, VIRGINIA PROJECT NUMBER 10-94B Bids opened by D. D. Roupe, Manager, General Services, on August 23, 1994, at 3:00 p.m. Shenandoah Valle Inc. No. of Lump Sum Bond Days $22,435.00 Yes 90 22,781. 00 Yes 100 22,949.00 No 120 35 000.00 29 Bidder Consolidated Industrial Roofing, Inc. John T. Morgan Sheet Metal Company, Inc. Melvin T. Morgan Roofing & Sheet Metal Company, Inc. wr 1/1 Estimated Cost: '~ge~~ tu~v.~ William F. Clark Office of the City Engineer Roanoke, Virginia .~-..,~.....-...,.~ , ."ii..L.....Ii....u~"!i.l JII~JII~__w.. '" ~......-........,'c-...'" ,..J JJUlUII ~L j _.....................,.. , f , ... CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 240 II Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #58-60-123-405 S. Paul Posner, Partner Allegheny Co. 245 Park Avenue New York, New York 10167 Dear Mr. Posner: I am enclosing copy of Resolution No. 32193-092694 authorizing execution of an agreement with Allegheny Company to allow necessary encroachments on its property in connection with construction of the Roanoke City Jail Annex Project, including indemnification by the City for any liability resulting from the City's contemplated activities on the property of Allegheny, as more particularly set forth in a report of the City Manager under date of September 26, 1994. Resolution No. 32193-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. Sincerely, 71&~J.~ Mary F. Parker, CMC / AAE City Clerk MFP: sm Enc. ,.M....u~ ~ 1l ~ J.I l~rwa...UI. "'"'~'" ",',.. ,~,...........,.."" iJ., :.lJllJlID' a.. ""'.., .........1''",1_.. II~,,' . ,t-/V ""-J '- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1994. No. 32193-092694. A RESOLUTION authorizing the execution of an agreement with Allegheny Company to allow necessary encroachments on its property in connection with the construction of the Roanoke City Jail Annex Project. BE IT RESOLVED by the Council of the city of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respecti vel y , any necessary agreement with Allegheny Company for necessary encroachments on its property in connection with the' construction of the Roanoke City Jail Annex Project, including indemnification by the City for any liability resulting from the City's contemplated activities on the property of Allegheny, as more particularly set forth in the September 26, 1994, report of the City Manager to this council. 3. The form of such agreement shall be approved by the City Attorney. ATTEST: City Clerk. ~ (' ... ..lJlllllII&I. 1... U..,....'j'....,.......",'..", IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1994. No. 32192-092694. AN ORDINANCE accepting the bid of J.M. Turner & Company, Inc. for construction of the Roanoke City Jail Annex, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of J.M. Turner & Company, Inc., for construction of the Roanoke City Jail Annex, in the total amount of $7,253,089.00,(the original bid amount exceeding available funds and having been negotiated down to the foregoing amount pursuant to S23.1-14(c), Code of the City of Roanoke (1979), as amended,) as more particularly set forth in the September 26, 1994, report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ... ~....".....' Ll.. t ,..,..,.,."...1" ..,.. ."..'. " '" ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to th~ City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. - , "..:JlIJ~&l iI.. ..,.,'",..,...,."...,'.1._" ,,'," ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of September, 1994. No. 32191-092694. AN ORDINANCE to amend and reordain certain sections of the 1994-95 General and Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 General and Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1-2).................... Cont ingency (3)................................... ( Public Safety Jail (4).......................................... $ 48,085,281 2,465,491 326,678) 32,253,740 5,081,178 Fund Balance Capital Maintenance and Equipment Replacement Program - City - Unappropriated (5)...............$ 2,429,689 Caoital Fund Appropriations General Government City Jail Expansion $ 41,848,127 (6-8) . . . . . . . . . . . . . . . . . . . . . . . . . 9,144,051 "...,y..JjjL....LJ j .. .liL.. .uUIII_.:.JIWl , ~"""'.""""''''''I,'',,,.j,...,",..,, Revenue Due from state Government (9)..................... $ 1,913,940 Due from Federal Government (10).................. 750,000 1) Transfer to Capital Project Fund (001-004-9310-9508) $ 1,208,659 2) Transfer to Debt Service Fund (001-004-9310-9512) ( 230,135) 3) Contingency (001-002-9410-2199) ( 53,589) 4) Reimbursements (001-024-3310-8005) ( 150,000) 5) CMERP - City (001-3323) ( 774,935) 6) Appropriated from General Revenue (008-052-9685-9003) 1,208,659 7) Appropriated from Federal Grant Funds (008-052-9685-9007) 750,000 8) Appropriated from State Grant Funds (008-052-9685-9002) 1,913,940 9) Due from State Government ( 008-1271) 1,913,940 10) Due from Federal Government (008-1272) 750,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. iIli --"~''''II"",''...,HI'''','.4...."...., CITY '9!1 :' 'j 22 Roanoke, Virginia September 26, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE CITY JAIL ANNEX ROANOKE, VIRGINIA I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, lJ.~/~ W. Robert Herbert City Manager WRH/LBC/ga Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Director, Administration and Public Safety City Sheriff Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts & Fixed Assets Budget Administrator .. I ,.,.~." IT , "'" ..,. _ H.., ~ .. .--..- .....-...01.,..,,,.,"..,1,,......1....,..,,. (. '. ,- '.' "ll';' "94 ( j ')j Ll.. r.\!? : >~ .>' Roanoke, Virginia September 26, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE CITY JAIL ANNEX ROANOKE, VIRGINIA I. Backqround: A. The Roanoke City Jail will be expanded by an approximate 50% increase to the present facility. This expansion will encompass an annex to the Data Safe and Miller- Morgan buildings. Project cost totals $9,144,051. Project funding will be provided from the following sources: 1994 General Obligation Bonds Virginia Department of Corrections Existing Capital Account U.S. Marshall's Service 1994 Bond Referendum Excess VRS Premium Contingency 1995 CMERP Jail Recovered Costs $4,800,000 1,913,940 471,452 750,000 524,000 230,135 53,589 250,935 150,000 $9,144,051 Project work to date includes property purchase, archi tect and engineering fees, asbestos survey and abatement, Department of Corrections compliance, and appraisal fees. City Council, by Budget Ordinances #31376-040593 and #31517-062293, has previously appropriated $5,271,452 for this project. B. The adjacent property of the Alleqheny Company (the IBM buildinq) will be affected as follows: .....I,Il'TTlnrm '11 ,n~,...._nI" ,,','~ ,-~.................,-, "" ~-~~ L~. .'.','......'j.. ",d ,..,,"' ,'.'" Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CITY JAIL ANNEX Page 2 September 26, 1994 1. The contract documents detail a reinforced concrete retaining wall from the back of the Miller-Morgan building to the back of the Allegheny building, approximately twenty-six feet (26'). This wall is to be built in increments and one inch (1") off the Allegheny property. 2. The level of the Allegheny parking lot behind their building is about six feet (6') above the level of the Jail Annex floor. Contract documents call for the contractor to encroach on the Allegheny property in sloping the excavation into the Allegheny property. This is required to be repaired when the wall on the property line has been completed. 3. Allegheny Company has agreed to the work described above in accordance with the conditions, including indemnifications, as described in the attached letter. II. Current Situation: A. Bids, following proper opened and read aloud by Services, in the Council September 7, 1994. advertisement, were publicly D. D. Roupe, Manager of General Conference Room at 4:00 p.m. on B. Three (3) bids were received with J. M. Turner & Company, Inc. of Roanoke, Virginia, submitting the low qualified bid in the amount of $7,324,500 and 456 consecutive calendar days. By negotiation this was reduced by the sum of $71,411 to the contract amount of $7,253,089. Refer to tabulation of bids. III. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents for submitting bids. B. Amount of the low bid. c. Funding of the project. D. Time of completion. ."'. !IrTTIUrm ~ '1 lI~,.__nr ,.... '",---,._".. , -........,....................',. ... A.Jl ".''',0......1,.. .'. oj ,...'~ '.'."" Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CITY JAIL ANNEX Page 3 September 26, 1994 IV. Alternatives are: A. Award a lump sum contract to J. M. Turner & Company, Inc. of Roanoke, Virqinia, in the amount of $7,253,089 and 456 consecutive calendar days for construction of the Roanoke City Jail Annex in accordance with the contract documents as prepared by Hayes, Seay, Mattern & Mattern, Inc., Architects, Engineers, Planners of Roanoke, Virginia. 1. Compliance of the bidders with the requirements of the contract documents for submitting a bid was met. 2. Amount of the low bid is acceptable. 3. Funding for the contract is as follows: Appropriated Funds in Project Account Virginia Department of Corrections u.S. Marshall Service General Fund CMERP Excess VRS Premium Contingency Jail Recovered Costs $5,271,452 1,913,940 750,000 774,935 230,135 53,589 150,000 $9,144,051 * Total Jail project funding requires the issuance of an additional $524,000 in General Obligation Bonds, included in the November, 1994 bond referendum. Capital Maintenance and Equipment Replacement Program (CMERP) funding is currently included to front fund the anticipated bond proceeds. Upon approval of the bond issuance by referendum, CMERP funds will be recommended to be replaced by bond funds. 4. Time of completion is specified as 456 consecutive calendar days, which is acceptable. B. Reject the bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents for submitting a bid would not be an issue. '""TIIIHlurlf T 1'111II1....11 ","" I~, nl.lln_r m . l~"""'_" ... .""~,,."'l" H;I ,..,,~ ".,., Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CITY JAIL ANNEX Page 4 September 26, 1994 2. Funding would not be encumbered at this time. 3. Amount of the low bid would probably increase when re-bid at a later date. 4. Time of completion would be extended. This would continue to place a burden on the City Sheriff and the overcrowding of the Jail that has been a problem for some time. V. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". B. Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with ~ M. Turner & Company, Inc. of Roanoke, Virqinia, for construction of the Roanoke City Jail Annex in accordance with the contract documents as prepared by Hayes, Seay, Mattern & Mattern, Inc., Architects, Engineers, Planners, in the amount of $7,253,089 and 456 consecutive calendar days. Establish a contingency amount of $366,225. C. Appropriate $3,872,599 to the Jail Annex account number 008-052-9685-9003 from the following sources: Virginia Department of Corrections u.S. Marshall Service General Fund CMERP Excess VRS Premium Contingency Jail Recovered Cost Total $1,913,940 750,000 774,935 230,135 53,589 150,000 $3,872,599 This appropriation, in addition to the previous appropriation of $5,271,452, provides for the total project funding of $9,144,051. D. Authorize the City Manaqer to enter into the appropriate document with Allegheny Company, in form acceptable to the City Attorney, to perform the necessary work adjacent to and upon the Allegheny Company property as agreed to in the attached letter. ''''''111 rTI ~ r I~,: ] I illli__1iI ....,.. .."""""~-;,,., 'm,] 0.11_1 rr ; l_'~"'*t'..............., ,.........~_. - " L;.., J".J~.J"l ..........,1,..,.,..4 '..' . H ., Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CITY JAIL ANNEX Page 5 September 26, 1994 E. Reject the other bids received. Respectfully W WRH/LBC/kh Attachments: Tabulation of Bids Letter from S. Paul Posner cc: City Attorney Director of Finance Director of Public Works Director, Administration and Public Safety City Sheriff Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator "...... ,IIITTlUrllr: TI'IU,__II' HM,., ~'................" "',,' ...._-,... ~.....,.............." -. - -, , ....IIJ~.... U.. . ."~.,,""'l,,"'j..,..,_,,..,",., TABULATION OF BIDS ROANOKE CITY JAIL ANNEX ROANOKE, VIRGINIA Contractors submitting bids on September 7, 1994, at 4:00 p.m., to D. D. Roupe, Manager, General Services. Bidder Lump Sum Avis Construction Company, $6,677,000 (a) Inc. J. M. Turner & Company, Inc. $7,324,500 (b) Branch & Associates, Inc. $7,370,000 0( White, S . ~e~~ Hayes, Seay, Mattern & Mattern Architects, Engineers, Planners Roanoke, Virginia Office of City Engineer Roanoke, Virginia a. Avis Construction Company, Inc. submitted their bid documents showing a mathematical error. The City Attorney ruled that he could withdraw his bid in accordance with part (i) of Sll-54.A of the Code of Virginia (1950), as amended. b. By negotiation, J. M. Turner & Company, Inc. bid was reduced by $71,411 to the sum of $7,253,089. ........~ll,nl~_~mr' "n...."_ ,...."II'lI.....-"'i......I-.,._......., -, ..;., jlllJlJIl' Ll.... , ."~"'''*~''l,'''1 ,...". ",.., S. PAUL POSNER 245 PARK AVENUE NEW YORK. NY 10167 212 272-2054 FAX 212 599-0310 August 30, 1994 Mr. L. Bane Coburn Engineer City of Roanoke Office of the City Engineer Room 350, Municipal Building 215 Church Avenue, s.w. Roanoke, VA 24011-1537 Re: 348 West Campbell Avenue Roanoke. Virainia Dear Mr. Coburn: On the basis of your letter of August 11, 1994, my fax to you of August 18, 1994, and the letter, dated August 22, 1994, from Eric W. Day, P.E., of Richard L. Williams, Consulting Engineers, Inc., we agree, insofar as our agreement is required, to permit the work outlined in your August 11 letter, subject to the agreement of the City of Roanoke to the following: The City will indemnify Allegheny Company and its partners and any successor owner and any occupant of the building at 348 West Campbell Avenue against any liability resulting from the activities contemplated by your August 11 letter and use of the parking spaces, including the legal fees and other costs of defending against any claims; '-..,.~ Tr !~llIr....mr" ........... ,,.. .".....~j"..l...','_'.....,.. , ...m&IlIAI' U... . ,II-,........,.'.'j'.'...,___.....", Mr. L. Bane Coburn -2- August 30, 1994 The City will make good any damage to the building and parking lot resulting from the activities contemplated by your August 11 letter and use of the parking spaces, and will be responsible for cleanup; At its expense, the City will build a cyclone fence around the parking lot, with a locked gate wide enough to accommodate cars and construction vehicles, and will provide a key to us. If the building is sold or leased before March 31, 1995, the City will, at Allegheny's request, provide parking spaces across the alley in lieu of spaces that are unavailable because of the City's activities. If this is acceptable, please sign and return the enclosed copy of this letter. Very truly yours, Allegheny Company By /JfJJCL-- A partner Accepted and agreed The City of Roanoke By , 1994 '-lIn~ nl' rr ~ 1I'HIII....m ",,' ]lIIIl ~".'"WT JT''''''"'' ' ............'~"'...I,'_....'.. , .".11 ._~ - "",,..~ .. JlIlJllAI. a.. .._~,.",......."",.. , 11. / CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #166-373-374 Ralph K. Smith, President Electric Railway Co., Inc. 2141 Patterson A venue Roanoke, Virginia 24016 Dear Mr. Smith: I am enclosing copy of Ordinance No. 32177-092694 authorizing and directing the proper City officials to enter into a lease between the City of Roanoke and Electric Railway Co., Inc., of property identified by Official Tax No. 4030305 and 4030306, for use by the City of Roanoke for a one year term commencing October 1, 1994, and terminating September 30, 1995, upon certain terms and conditions, for an annual lease fee in the amount of $18,000.00. Ordinance No. 32177-092694 was adopted by the Council of the City of Roanoke on first reading on Monday, September 12, 1994, also adopted by the Council on second reading on Monday, September 26, 1994, and will take effect ten days following the date of its second reading. Sincerely, 7>(p, d: ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. ~ vJ. ,......~....... ... "". ~ JlIIJ~1.1 ~J..lllll" ~,',~,"",1,"''''0I. ,..... ,,',,' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1994. No. 32177-092694. AN ORDINANCE authorizing and directing the proper City officials to enter into a lease between the City of Roanoke and Electric Railway Company, Inc., for use by the City of Roanoke of certain premises located in the City, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City of Roanoke, in form approved by the City Attorney, with the Electric Railway Company, Inc., or its successor in title, a lease of property identified by Official Tax No. 4030305 and 4030306, for use by the City of Roanoke for a one year term commencing October 1, 1994, and terminating September 30, 1995, as more particularly set forth in the report to this Council dated September 12, 1994. 2. The annual lease fee for use of such property shall be $18,000.00. 3.. Such lease shall contain such other terms and conditions as are substantially similar to the draft lease filed with the report to Council. ATTEST: City Clerk. ...................",,,'" 'I<t'l" .-ul .,...,. "',,' .-' -f":-"\ ~,t T \ I Roanoke, Virginia September 12, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: LEASE FOR PUBLIC SAFETY STORAGE I. Backoround: A. Lease of storage years. A change place and has accordance with Railway Company, space has been in effect for several in the parties to the lease has taken necessitated its renegotiation in the attached letter from Electric Inc. B. Current lease will expire on September 30, 1994. New lease needs to be in place as soon as possible. II. Current Situation: A. New lease, with an initial one (1) year term of October I, 1994 through September 3D, 1995, to be automatically extended on a year-to-year basis, with provision for termination by either party with thirty (30) days written notice and a lease fee of $18,000.00 per year, has been agreed upon. This equates to approximately $0.75 per square foot per year and is considered very competitive. B. Lessee, the City, is obligated under the terms of this lease to hold lessor (Electric Railway Company, Inc.) and its associated or affiliated corporations, harmless from any and all liability for loss or damage to the property of lessee and any other property stored on lessor's property by lessee, or any injury or loss of life incurred by them or any other person or persons using the property under the terms of the lease. "I.....,.~....-.. ..." ...............','I->"..,.,I,..j..0I1 t."'~ "",' Honorable Mayor and Members of City Council LEASE FOR PUBLIC SAFETY STORAGE Page 2 September 12, 1994 III. Issues in order of importance are: A. Need B. Timinq C. Cost to City IV. Alternatives are: A. Council authorize the appropriate City officials to execute a one (1) year lease of property located predominately on Official Tax Map #4030305, with a small portion being on Official Tax Map #4030306, from Electric Railway Company, Inc., with provision for automatic extension of the lease term on a year-to-year basis including the right to cancel the lease by either party with sixty (60) days written notice, for an annual lease fee of $18,000.00, payable in advance. Said lease to be in a form approved by the City Attorney. 1. Need by City for storage space is met. 2. Timinq to act quickly to retain storage facility and to assure future continuation of lease is met. 3. Cost to Citv is $18,000.00 per year. Funds are available in Federal Investigation Subsidy Grant Fund account #035-050-3300-2150. B. Council refuse to authorize the appropriate City officials to execute a lease for storage space from Electric Railway Company, Inc. 1. Need to retain and continue use of storage area is not met. 2. Timing to act quickly to retain storage area is not met. 3. Cost to City is the potentially higher cost of finding and leasing similar facility. ",.,~,II~"'L ~, . ~.lllJllILL 1.1... L.i,I,....,; "".,1," ',,01 ,...'. ".,.. Honorable Mayor and Members of City Council LEASE FOR PUBLIC SAFETY STORAGE Page 3 September 12, 1994 V. Recommendation is that City Council authorize the appropriate City officials to execute a lease for storage space in accordance with Alternative "A". Respectfully submitted, w. (Lu /.La.J W. Robert Herbert City Manager WRH/KBK/SEF/kh Attachments cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Director of Public Safety City Engineer Chief of Police ,_11-.-.'- -. - . ..iJlUlJlI&&.o.. ~ ........,.,1,........ ,.....'.. ,,,',' ELECTRIC R^ILW^Y COMP^NY 21~1 Patterson ^vellup. Roanoke, V^ 2~016 ,July 28. 19911 Roanoke City Police Department 309 3rd Street Roanoke, VA 24016 Gentlemen: ^s you have recently been informed the property located at 316 Walnut ^venue in which you leased from Appalachian Power Company has been ~old to Electric Railway Company. This letter is official notice that your lease dated the 15th of November 1989 will be canceled as of the 1st of September 1994. It is the desire of the present owner to negotiate a new lease with you for this property. The deadline for negotiation and signing this new lease is the 31st of August 1994. If negotiations for this lease are unsucessful it is presumed that you will vacate the property by the 30th of September 1994. Please call or write Ralph K. Smith, President of Electric Railway Company, 2141 Patterson Avenue, Roanoke, Virginia 24016. Phone (703) 982-7000.' sinc~y P" // / ~/~-d~_. '-/~Z~. smi.t~. - ' .' RKS/jh .. ... ~....,-.. u... I II"..,"'"'..;...;..... ,,...'~ on'", LESSEE: City of Roanoke 309 3rd Street, S.W. Roanoke, V A 24011 981-2711 LEASE FOR VEHICLE STORAGE THIS AGREEMENT, made this 1 st day of October, 1994 between ELECTRIC RAILWAY COMPANY, INC., hereinafter called the LESSOR, and CITY OF ROANOKE, hereinafter called the LESSEE: W -1- T -N-E-S-S-E- T-H The said LESSOR does hereby lease and demise unto the said LESSEE, for a term of one (1) year, commencing on the 1 st day of October, 1994, and fully completed and ending on the 30th day of September, 1995, for a rental of Eighteen Thousand ($18,000.00) DOLLARS per year, payable annually, in advance, during the term of this lease, and during each year of said term as hereinafter mentioned the following described property, viz: The building, being the enclosed structure located predominately on Official Tax Map No. 4030305, with a small portion being on Official Tax Map No. 4030306, and unrestricted right of vehicular and pedestrian access as noted on the attached sketch. Together with the right of ingress and egress thereto and from, as the same is now made, in, over, upon or through other lands of the Grantor of which said demised premises form a part. 1 "'.....~".,.r ~. -"'" ....... "'."'.."......~..'.,u. ._,,~~..., COVENANTS OF LESSOR And the LESSOR does hereby covenant with the LESSEE: FIRST: That the LESSEE, so long as it shall pay the rent herein provided, and perform and observe the several covenants herein contained, may peaceably hold and enjoy said premises during said term, without any interruption by the LESSOR or by any person lawfully claiming through the LESSOR. SECOND: That the LESSOR will, during the said term, pay all taxes, rates and charges whatsoever payable in respect of said demised premises. THIRD: The LESSOR will, at all times during the said term, keep building of which said demised premises form a part, in good and substantial repair and in proper order and condition. The LESSEE shall have the right to place therein any and all fixtures which may be necessary or convenient in the conduct of its business and to remove the same within a reasonable time after the termination of this lease. FOURTH: The LESSOR shall not provide any utilities such as heat, water and lavatory facilities to said premises at any time during the said term, except existing lights when needed. COVENANTS OF LESSEE The LESSEE does hereby lease said premises for the term herein mentioned and covenants with the LESSOR: 2 ""'III1'~l"Il:l1r 11 lnln'__l_mr"'''' f" .._..... ,,.,. '"-~'''''''''.111'_.''''''' ..., "'........... u ~..,.,.,.,..,....,..I..,.. '...,....",.. FIRST: That the LESSEE shall utilize said premises solely for the purpose of storing vehicles or other items. LESSEE hereby releases the LESSOR from any and all liability for loss or damage to the property being stored at said premises by the LESSEE in accordance with Paragraph Seventh herein. SECOND: That the LESSEE will, during said term, pay such rent, at the times and in the manner aforesaid. THIRD: The LESSEE will not do or suffer to be done any unlawful act in or upon the said demised premises during the said term. FOURTH: LESSEE will permit LESSOR or the agent of LESSOR to enter at all reasonable times to view the state and condition of said premises. FIFTH: LESSEE will not assign or underlet said premises or any part thereof without the previous consent, in writing, of the LESSOR. SIXTH: The LESSEE will use reasonable care in the occupancy and use of said premises; and, at the expiration or sooner termination of the said term, surrender the same to the LESSOR in such state of good repair and condition as shall be consistent with the due performance of the several covenants herein contained; provided, however, that nothing herein shall be held or construed to require LESSEE to reinstate or rebuild the whole or any part of said demised premises should the same be damaged or partially or totally destroyed by fire or unavoidable casualty. SEVENTH: The LESSEE hereby releases and agrees to indemnify and save harmless the LESSOR, and its associated or affiliated corporations, from any and all liability for loss or damage to the property of the LESSEE, and to the seized property being stored in the premises and for any injury or loss of life incurred by them or by any person or persons using the said premises under this lease or otherwise thereon 3 .....III'~T11,""Irr 11 ,~lgl__;_11I ,;" r'..lIlr.,.r _""'"~'1''''''_''''''''''' lid.... - -., ... ......lIaI.lU.. .",..,.;.1,..',....,....,...". by license or invitation of the LESSEE, and also for any damage to the property of any such person or persons upon or using said premises. PROVISOS It is expressly understood and agreed that if the rent shall be in arrears for a period of thirty (30) days after the same becomes due, or after and whenever there shall be a breach of any of the covenants by the LESSEE herein contained, the LESSOR may, thereupon, re-enter and take possession of said demised premises and immediately terminate the term of this lease. And after and whenever there shall be a breach of any of the covenants by the LESSOR herein contained, the LESSEE may, thereupon, vacate said demised premises and immediately terminate the term of this lease. It is further understood that in case said demised premises or the building of which the same form a part, shall, at any time, be destroyed or so damaged by fire or unavoidable casualty as to render said premises unfit for occupancy or use by the LESSEE, then the rent shall, until said premises shall have been rebuilt or reinstated and made fit for such occupancy or use, be suspended and cease to be payable; or these presents shall, at the election of either party hereto, thereby be terminated; provided, however, that if either party shall elect to so terminate this lease such party shall, within a period of not more than ten (10) days after the occurrence of such fire or other disaster, give to the other party notice in writing of its intention so to do; or if the LESSOR shall elect to rebuild or reinstate said premises it shall give the LESSEE notice of its intention so to do in the manner and within the time just above provided 4 "..~~ 11 ,11111___", ," I" ~....nWT. rr , ~..,,_..1<"'.,"'..'_..."h L.o ..__....l.. ..,..".,..+",....._,...",., in case of a termination of this lease; and, unless notified by the LESSEE as above provided of its intention to terminate the lease, such work shall be done by the LESSOR and said premises placed in proper condition for occupancy within a reasonable time after the occurrence of such fire or casualty. This lease is hereby made subject to all conditions, restrictions, exceptions, and easements of record, and such other easements or such other encumbrances, conditions and uses as an examination of the premises will reveal. In the event of the termination of this lease prior to the expiration of said term, as herein provided, neither party hereto shall thereafter be liable to the other, in any manner, by reason of the execution hereof, provided that any liabilities incurred prior to such termination shall not be affected thereby. It is further understood and agreed that this lease shall be and remain in full force and effect for a period of one (1) year from and after the 1 st day of October, 1994, and from year to year thereafter, provided, however, that either the LESSOR or the LESSEE shall have the right to cancel this lease at any time, by the one giving to the other party (60) days notice in writing of its election to cancel this lease, and upon the giving of notice as aforesaid this lease shall forthwith terminate upon the thirtieth (60th) day after the giving of such notice. In the event this lease is terminated by the LESSOR as aforesaid. the LESSOR hereby agrees to refund to the LESSEE that portion of the rental applying to the period beyond the date of cancellation for which the rental has been paid. 5 .....~ iE'T1F fir 11 H....1lI ""I r '1Illrm iT . .,;,.~..,,~~......,-,_.....,... ,._Il......~... ~_... .... . ~ "' ..JlllliJUi U... , .".~,...j,"l,... ,...~....",.. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first above written. Signed in the presence of: ELECTRIC RAILWAY COMPANY, INC. By President CITY OF ROANOKE (LESSEE) By Its 6 .....II;m:~T1lrtr 1I1Ir11'___III11"" r ~...'r.'I', IT .."......."'''f,......',-'......,,, ~ ~\ ~ ' , 0 '1.. "a~' :, ~ ~ ' \'" Q) ~ ,\30 , ,5,0 ( \ ~"'~ .... .., , .t.~ ~" b "- l"1'I ~ o <: 'i '-q IltJo/ 1.-2f1 HII jl ," ./' , \ I \ \ ...; ~ ~ , \", -- \) - f 0 {r ~/J/.r ,,' - "9r.l~ -,N ,.J4:~~8~9~ w "'- - t;- , , ,,---'" :a i. --- ~ ~r-; r-.~ .. ~ G:" +-qJ - cr-::: LL--. . S, ---- ._---~- - -. , ~ - ~ ~ ~ 5&!SS; ~ .,to ~_ i~ ~ ,r,l " bb+!l - I .... '~ "- ,? -~-,,- -- L, ;..... ~ 1 i i ' I ;\ I '\ ' I' I ' I r I \ , \ \ \ ,\ I , \ \ I I i \ J ,. N ~\ V ,I l> ;\ \ \ 2: 1\ a \" '~ '\1 " .; .Tt\ I \ ' \ , '\ . \t '}.-' \ \;, \ \ \ ' ~ '.\\\ ~ _, ' c~~,\) ~~/~ /\'" ~ \ f~ · ~ \ I I \ '. \, I ~ ~~\,' \ ..'\.\~.\-:...... ";. ~ \ \"\c;J '; '%- ~'\ ' \ ,. \ ' \ ~ ~,\ ~ ... \ . ~ c:.,' ~ .. ' ~ ~\' ' . . " \ \\ \ ,..", . ," , , I' " I 1 : ,"".." 'n1'1IT 11 11111...lnI " "' ~...."..... u ~."".,..,.,"'j",..._,.....,., "2- o ~ -n ~ C- T.. I ! I / i: J. - , '/ [] , / , I -') rl ,j , ......' ,.... " J..n, I\) I' ell) ~'EO ~ ~/( :\ , . . \ \ 'l'll ">'fOI 1,616 .... ... .... ~3. ~~ '" ~~t~n ..... ..... ~ ~ ~ I' lJ1llrll, if ...'..."'...."'.....'.'.'_......,...t .....-~ "" Ii. .~ "- , /' \...:, ... '(.., r, - , Cl - P of" ..,. (- -'. J -;.., /' ~ '~\ ~.. P ~ ~, ;~ ) ~ ) I i I I I - ') ~~'V ... 0'- ~ ~__ "",;1\)__. N /~ ,."..",. W'" ./ \t;.,OV \J '- 1.,0<;'.0" ,\ > '1 ~.. I" ." ~ .to ~ ,. 0 ~ (\ ~ ~ s w - 0 I>> 11. ~... . Ir ,,,, I!' I i ! 'l4p' , """',--. II.) 1- fA, (Jl ~. 50 I 'lO( Oil :r ~ I t.'SQ4_ Q fJ' l'\, ____ ! ~ TO -.190{OV N ~l' I ~ ~ o 1 o ~ "......11 W 111' Tr 11 dllll...rru"'" ~ o ., 1.- \ 0 ", t:.- "'\ ~ ~ l,: \ ~\ \ ~ \ \\ (~' -t. . (), <; ., J. ~ ~~ "~\o ., " :P 0 ,0 ~ \ ~ ~ "" <- u \::..~~' "(- ~ ~ a ~ 1) v ) r , (\ ~ - ') I ~ o i l" :a ('\ o -0/ :, ~:"o. '~1 '", ~ ~ - x: ,..--; ~ ,:~ '~c> ~', </ "", \ I \ \\ / \ 1- \ I " \ \\~i \' \ \ \ . ~\, \ ...\ \\\ ~ '. .?~;#~/ j)b "\ ~ ":, ~tF ~ ~ ~ -b +" ," , o.~ -.0> ~..\ '''\,~O.l(ly ~, ...,~ ~ 0 c.. I 'ul "L 0 ;: ~ ~ / --"\ ... ~....".... L.I. \ , 1- '- 0 '\ 1\'6 < 'f-. \ ~ , -. , ('tt~ =- q.''tl '" " ~ ~~ ~... ~,. ~ ~y\ .41 .<1' o~ oG, 0(;", ~ ~ ~" ~ \"0 ,c; - ,.., ,.. ,.., " ."._.""","l"'~l'_"""" ,. '1IIl1~m. rr ' \ \ \ ~ -,:-;" ~'~a ,/ c;S~')~ I I . ~ 1., .....-,.... I " ,,"" "'j(.: (. /1 ,.., ,.., )] ) - - / I I ~V ~ "Q"'~ I -r / .\ . , I \ \ \ \ "'.'................. ~. ... ....... Lo...__.... ~.'"............j...tI.._,.....,..., ~'~ .' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,w" Room 456 Roanoke. Virginia 240 II Telephone: (703) 981-2541 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #17-132 R. Michael Amyx Executive Director Virginia Municipal League P. O. Box 12164 Richmond, Virginia 23241 Dear Mr. Amyx: I am enclosing copy of Resolution No. 32194-092694 designating Mayor David A. Bowers and Council Member Elizabeth T. Bowles, Voting Delegate and Alternate Voting Delegate, respectively, for the Annual Business Session of the Virginia Municipal League to be held in Norfolk, Virginia, on October 18, 1994, and designating W. Robert Herbert, City Manager, as Staff Assistant for any meetings of the Urban Section of the League. Resolution No. 32194-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. Sincerely, ~ '1 d. ;?~A Mary F. Parker, CM2I~;:E City Clerk MFP: sm Ene. pc: The Honorable David A. Bowers, Mayor The Honorable Elizabeth T. Bowles, Council Member, 3637 Grandview A venue, N. W., Roanoke, Vi~ginia 24012 W. Robert Herbert, City Manager '1!",,'_'~""'."'''' "'''''''''~'''"""""",,'' ""'."""''11'"'''' " " ,""'..1iI~...L. l~"'---"Wl.,.. ... "'.IIIIIl......, i.~ ,',' ".....I,J.'.,......',.,,, ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1994. No. 32194-092694. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section of the League. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held in Norfolk, Virginia, on October 18, 1994, the Honorable David A. Bowers, Mayor, is hereby designated Voting Delegate, and the Honorable Elizabeth T. Bowles is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 1994 Annual Conference, W. Robert Herbert, City Manager, shall be designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. ATTEST: City Clerk. '......."'~~. -" ,,,",,,,,,,~.L. ~I''''---Wl.,. .... "JlUljllAl<l..U.. ...,'.' ,1;-1.' t...1 ,.'" ~ ." ,,' CERTIFICA TION OF VOTING DELEGATE AND ALTERNATE BUSINESS SESSION Virginia Municipal League Annual Conference Norfolk, Virginia Tuesday, October 18, 1994 Voting Delegate: Name The Honorable David A. Bowers Title Mayor Locali~ City of Roanoke Alternate V oling Delegate: N~ The Honorable Elizabeth T. Bowles Title Council Member Locali~ City of Roanoke Certified by: Name Mary F. Parker Title City Clerk Locali~ City of Roanoke Return by October 7, 1994 to: Virginia Municipal League P.O. Box 12164 Richmond, Virginia 23241 A IT ACHMENT A ~,....wo~..~'.IOI. 01.1 '''---W1", L>L ............ l.... ""., '''oH ,j, l".~ ,,,.. . "". ATTACHMENT C NOTE: This fonn is to be returned by localities over 35,000 population. Please return by October 7, 1994 to the VML. URBAN SECfION DELEGATES. ALTERNATIVES AND STAFF ASSISTANTS LOCALITY City of Roanoke (PLEASE TYPE) INFORMATION SUPPLIED BY Mary F. Parker TITLE City Cl erk VOTING DELEGATE NAME David A. Bowers ADDRESS 215 Church Avenue, S. W. TITLE Mayor TELEPHONE: BUSINESS 981-2444 HOME 427-4150 ALTERNATE VOTING DELEGATE NAME El i zabeth T. Bowl es ADDRESS 215 Church Avenue, S. W. TELEPHONE: BUSINESS 981-2541 TITLE Council Member HOME 362-5081 STAFF ASSISTANT NAME W. Robert Herbert ADDRESS 215 Church Avenue, S. W. TITLE City Manager TELEPHONE: BUSINESS 981-2333 HOME 989-7447 ""'''~'I lr1.r__m""" I "fnnnrWT 'r .,"",...',*..'"'..',-,.....,,, . OFFICERS PRESI DENT CHRISTIANSBURG MANAGER JOHN E. LEMLEY PRESIDENT ELECT SOUTH BOSTON COUNCIL MEMBER JOSEPHINE P. MARSHALL VICE PRESIDENT VIRGINIA BEACH MAYOR MEYERA E. OSERNDORF IMMEDIATE PAST PRESIDENT MARTI NSVI LLE COUNCIL MEMBER LD. OAKES EXECUTIVE DIRECTOR R. MICHAEL AMYX MAGAZINE VIRGINIA TOWN & CITY TH I RTEEN EAST FRAN KLI N P,O, Box 12164 RICHMOND, VIRGINIA 23241 804/649-8471 FAX 804/343-3758 "...I""~"'. ........ --. - ",,' ... ~...._. 101,.. u".....'..,j,'...,.,.. ...."..~"" LOCAL GOVERNMENTS WORKING TOGETHER SINCE 1905 \ R G I Iv I ~ " :\ML~ co '" 'to <0 (' I PAL " 'c , TO: Key Official FROM: R. Michael Amyx, Executive Director DATE: September 8, 1994 RE: Section Voting Procedures The city, town and urban sections of the Virginia Municipal League will meet during the Annual Conference at 1:30 p.m. on Tuesday, October 18,1994. Each section will select a chairperson and a vice chairperson. The chairpersons will serve as members of the VML Executive Committee. Each locality has one vote in the city and town sections. The urban section uses a weighted voting procedure explained below. Any locality that is a regular member of the Virginia Municipal League and that has a population in excess of 35,000 is automatically a part of the urban section. Each locality has one vote per 100,000 population rounded to the nearest 100,000. The vote is considered as the expression of the majority of the council or board of supervisors of the locality. Population is based on the latest Center for Public Service figures as shown on the back of this page. The operating procedures of the urban section of the League require that each locality appoint an official delegate, delegate alternate and staff assistant to the urban section. The official delegate is the voting representative of their locality on matters decided by the urban section. Please designate these officials on Attachment C, which should be returned by October 7, 1994. The chief elective officer of your locality will be the voting member if Attachment C is not returned. -~~ ,~.... ~ .. .......IIIal~'iL ."..........j'..l......._,....,., . URBAN SECTION VOTES PER MEMBER LOCALITY POPULA TION* VOTES Alexandria 114,800 1 Arlington 175,400 2 Charlottesville 40,400 1 Chesapeake 164,000 2 ChesteIfield 225,100 2 Oanville 53,300 1 FaiIfax County 857,800 9 Hampton 136,300 1 Henrico 225,700 2 James City 37,200 1 Lynchburg 66,000 1 Newport News 177,500 2 NoIfolk 250,300 3 Petersburg 38,100 1 Portsmouth 103,800 1 Prince William 228,900 2 Richmond 201,100 2 Roanoke City 97,000 1 Roanoke County 80,700 1 Stafford County 64,700 1 Suffolk 53,100 1 Virginia Beach 409,900 4 TOTALS 41 *Center for Public Service, 1992 ,'... _~n~._" .. OFFICERS PRESI DENT CHRISTIANSBURG MANAGEH JOHN E. LEMLEY PRESIDENT ELECT SOUTH BOSTON COUNCIL MEMBER JOSEPHINE P. MARSHALL VICE PRESIDENT VIRGlNIA BEACH MAYOR MEYERA E. OSERNDORF IMMEDIATE PAST PRESIDENT MARTINSYILLE COUNCIL MEMBER L.D. OAKES EXECUTIVE DIRECTOR R. MICHAEL AMYX MAGAZINE VIRGINIA TOWN & CITY THIRTEEN EAST FRANKLIN P,Q, Box 12164 RICHMOND, VIRGINIA 23241 804/649-8471 FAX 804/343-3758 ",_' jW...u...Ii~. ..l.1 ~"----W1 ,,," ,"'.............l..l.I,. """',.'...........',_'...,,.. LOCAL GOVERNMENTS WORKING TOGETHER SINCE 1905 \ ~ G ,I N I '1 ~ \ML *~ c " .;. " (' I PAL " \. , TO: Key Officials FROM: R. Michael Amyx, Executive Director DATE: September 8, 1994 RE: Certification of voting delegate and alternate for VML Conference Regarding the manner in which voting during the Business Session takes place, Article IV, Section 6 of the League Constitution reads: "Representatives. The mayor or board chainnan, as the case may be, of each active member shall be deemed to be its official representative for the purpose of voting upon matters considered by an annual or special meeting of the League. In lieu of the mayor or board chairman, the governing body of a member may designate another official of the member to vote on behalf of the member. Such designation shall be in writing filed with the Executive Director or such other person acting as Secretary of the meeting prior to any vote. In the absence of the mayor or board chairman or other officers designated by the governing body as above specified at a vote taking, a majority of the elected and appointed officials present and registered at the meeting may file with the Executive Director or Secretary of the meeting in writing designating one of the member's officials present to vote in behalf of the member, and said filing to be in advance of the taking of any vote in which such person casts a vote." Voting may not be by proxy. Please complete the enclosed form (Attachment A) to certify your locality's voting delegate during the Conference's Business Meeting on Tuesday, October 18. This votin!; celtification does not exclude others from your locality from participating in discussions during the Business Session. Please return Attachment A by October 7,1994 to the Virginia Municipal League, P.O. Box 12164, Richmond, Virginia 23241. If you are not sure who will be present at the Business Session, credentials may be certified at the registration desk during the Conference. ..._1 Wil...i.J..J.iL J.11l~"----Wl .." ... ...........u,. ,....................._....,.., MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.w.. Room 456 Roanoke. Virginia 24011 Telephone; (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 28, 1994 File #228-132 Donald J. Borut Executive Director National League of Cities 1301 Pennsylvania Avenue, N. W. Washington, D. C. 20004 Dear Mr. Borut: I am enclosing copy of" Resolution No. 32195-092694 designating the Honorable Elizabeth T. Bowles, Council Member and the Honorable Linda F. Wyatt, Council Member, respectively, as Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities and any business meetings in connection with said Conference to be held on December 1 - December 4, 1994, at the 1994 Congress of Cities in MinneapOlis, Minnesota. Resolution No. 32195-092694 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1994. Sincerely, ~,,~-~k . Mary F. Parker, CMe1 A~E City Clerk MFP: sm Enc. pc: The Honorable Elizabeth T. Bowles, Council Member, 3637 Grandview Avenue, N. W., Roanoke, Virginia 24012 The Honorable Linda F. Wyatt, Council Member, 2543 Round Top Road, N. W., Roanoke, Virginia 24012 Chairman, Credentials Committee, National League of Cities, 1301 Pennsylvania Avenue, N. W., Washington, D. C. 20004 .''1,..,.'''''.'1.'.',...., ''''~'''II~'~''''' ... ...,......." ',IlIo..,.~.llliJ'III--....aIWl" ; ~_....'.. t~",""",";I"t,...,...,~."", fr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1994. No. 32195-092694. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to be held on December 1 through 4, 1994, and any Business Meetings in connection with such Conference, the Honorable Elizabeth T. Bowles, is hereby designated Voting Delegate, and The Honorable Linda F. Wyatt is hereby designated Alternate Voting Delegate. 2. Mary F. Parker, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. ATTEST: City Clerk. '...."""",.,~rl!r ". ....___.mr'.', I ,nnl['IlT.r ,...~....,.,.."t~''''.I''-''''''''' ,........~ J.l '~.III.11-_-..1d , uI, ........... u.. ",...."...,,1.,.. j,.., ,...'~ .",,, . ~ ~ National Leagu~, IT Y of Cities [' E C IT3(Y(Rennsylvania Avenue NW, Washington, D,C, 20004 (202) 626-3000 Fax: (202) 626-3043 Officers President Sharpe James Mayor, Newark, New Jetsey August 5, 1994 'l',,', FIrSt Vice President Carolyn Long Banks Councilwoman-at-Large, Atlanta, Georgia Second Vice' President Hal Conklin Mayor, Santa Barbara, Cal~ornia MEMORANDUM Immediate Past President Glenda E. Hood Mayor, Ortando, Florida To: City Clerks of Direct Member Cities Executive Director Donald J, Borut From: Donald J. Borut, Executive Direc 0 ~ Subject: Designation of Voting and Alter te Voting Delegates, Annual Congress of Cities, December 1-4, 1994, Minneapolis, Minnesota DUE OCTOBER 10 The National League of Cities' Annual Business Meeting will be held Sunday, December 4, 1994 at the Congress of Cities in Minneapolis, Minnesota. Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this memorandum shows the breakdown of votes by gopulation categories. To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached form which will be forwarded to NLC' s Credentials Committee. NLC's Bylaws expressly prohibit voting by proxy. Thus, the designated voting delegates must be present at the Annual Business Meeting to cast the city's vote or votes. To enable us to get your credentials in order and to provide your voting delegates with proposed National Municipal Policy amendments and proposed Resolutions prior to the Congress of Cities, we ask that you return the IVORY copy of the completed form to NLC on or before October 10, 1994. A pre-addressed envelope is attached. Upon receipt of these names, NLC will send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting. To assist your state municipal league in selecting delegates to cast votes on behalf of the state municipal league, please forward the BLUE copy of the credential form to your state league office and keep the WHITE copy for your records. If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3020. Past Presidents: Sidney Barthelemy, Mayor, New Orleans, LouIsiana. Ferd Harrison, Mayor, Scotland Neck. North Carolina. Cathy Reynolds, Councilwoman~at~Large, Denver, Colorado. Directors: Lucy T. Allen, Mayor, Louisburg, North Carolina. Ann Azari, Mayor, Fort Collins, Colorado. lock Beachum, Sr., Councilman, Youngstown. Ohio. Don Benninghoven, Executive Director, League of California Cities. Jimmy Burke, Mayor, Deer Park, Texas. Anthony Capizzi, City Commissioner. Dayton, Ohio. Carl Classen, Executive Director, Wyoming Association of Municipalities. E. W. Cromartie, II, Councilman. Columbia, South Carolina. Charles A. DeVaney, Mayor. Augusta, Georgia. John Divine, Commissioner. Salina, Kansas. William Evers, Mayor, Bradenton, Florida' Martin Gipson, Alderman, North Little Rock, Arkansas' Robert R. Jefferson, Councilmember, Lexington, Kentucky' Steven E, Jeffrey, Executive Director, Vermont League ot Cities and Towns' Walter F, Kelly, Town Council PreSident, Fishers, Indiana' Abbe Land, Mayor Pro Te11, West Hollywood, California' Gregory Lashutka, Mayor, Columbus, Ohio. Sheila Jackson Lee, Councilmember-at-Large, Houston, Texas. Ilene Lieberman, Mayor, Lauderhill, Flonda . Sylvia L. Lovely, Executive Director, Kentucky League of Cities. Millie Macleod, Council Member, Moorhead, Minnesota. Maryann Mahaffey, City Council President, Detroit, Michigan. Thomas M. Menino, Mayor, Boston, Massachusetts. Thomas F, Morales, Jr" Vice Mayor, Avondale, Arizona' J, Ed Morgan, Mayor, Hattiesburg, MIssIssippi' Kathryn Nack, Vice Mayor, Pasadena, California' James p, Nix, Mayor, Fairhope, Alabama' Mary Pinkett, Council Member, New York, New York, Sharon Priest, City Director, Little Rock, Arkansas' Carolyn Ratto, Council Member, Turlock, Calitornla . Bill Revell, Mayor, Dyersburg, Tennessee. L. Lynn Rex, Executive Director, League of Nebraska Municipalities. Alicia M. Sanchez, Councilmember. Port Huron, Michigan. Raymond C. Sittig, Executive Director, FlOrida League of Cities' Woodrow Stanley, Mayor, Flint. Michigan' Frank Sturzt, Executive Director. Texas Municipal League' Dan Thompson, Executive Director, League of Wisconsin Municipalities. Max W. Wells, Councilmember, Dallas, Texas. Jim W. White, Councilmember, Kent, Washington. Jack B. Williams, Mayor, Franklin Park. Illinois Recycled Paper ~...~..,...'. ,.......,""~.Ll Illlll--'''Wl " , ~1IUIj""" u... """.....,...'...'... ,..._. "".. NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: ..................................... .... ... ......................,... ....... ......... . . ..-........................... ................................................... ...................................... .. ............................... ................................................... ....................................... ............................. ......... ................. ....... ..... .'....... . . .......................................... .. ............... ... ................................................................................ ........................................ ... ... :::I'~~;I,:':lm.~m~~i';,(;piF::!22g:':f,~lm),!:.!::::"'::::.."",:::))!::NlJMllER::OFtNfOTESrf:. Under 50,000 1 vote 50,000 - 99,999 100,000 - 199,999 200,000 - 299,999 300,000 - 399,999 400,000 - 499,999 500,000 - 599,000 600,000 - 699,000 700,000 - 799,000 800,000 - 899,000 900,000 and above 2 votes 4 votes 6 votes 8 votes 10 votes 12 votes 14 votes 16 votes 18 votes 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. ~_.....'., .."_w~.. - -, , Roanoke City Council -- Roanoke City Planning Commission Joint Informal Session September 26, 1994 12:00 noon Social Services Conference Room 306 AGENDA 1. Call to Order. 2. Roll Call of City Council Members. 3. Roll Call of City Planning Commission Members. 4. Statement of Purpose. Mayor Bowers and Chairperson Price. 5. Comments by the Chair and Members of the City Planning Commission. 6. Comments by the Mayor and Members of City Council. 7. Other remarks. 8. Adjournment. ~""'"'I !lII~T11illr' 11 Ia;..__mr""" I':': 11II~lIii [! - ,,"." .. ~.-&IUIlU.' U... ''''..''..........'''...._,...". CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S,W" Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 DA VID A. BOWERS Mayor September 22, 1994 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Pursuant to your telephone conversations with the City Clerk, the Members of the Roanoke City Council will hold a joint informal luncheon meeting with the Members of the Roanoke City Planning Commission on Monday, September 26 at 12: 00 noon, in the Social Services Conference Room, Room 306, Municipal North. The purpose of the meeting will be to discuss matters of mutual interest and concern. Lunch will be served at 12: 00 noon and the informal meeting will convene immediately thereafter. Best personal regards. S): David A. Bowers Mayor DAB: sm pc: W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Willard N. Claytor, Director of Real Estate Valuation Robert H. Bird, Municipal Auditor """".'."".""'''''''''''~'''II~~'''' "'''''''''T''''''''''''' "....~~!l 'lJlJI__-.JIWl" . ~........... 10,.. ,,,,,,. ,.11 Il-'.. ,_.~ ,,',,' CITY OF lROANOKE'r~ OFFICE OF THE MAYOR 215 Church Aveque"\S,\\,,, Ro~A52 Roanoke, VirglMa 24011-1594 Telephone: (703) 981-2444 DAVID A. BOWERS Mayor September 22, 1994 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Pursuant to your telephone conversations with the City Clerk, the Members of the Roanoke City Council will hold a joint informal luncheon meeting with the Members of the Roanoke City Planning Commission on Monday, September 26 at 12: 00 noon, in the Social Services Conference Room, Room 306, Municipal North. The purpose of the meeting will be to discuss matters of mutual interest and concern. Lunch will be served at 12: 00 noon and the informal meeting will convene immediately thereafter. Best personal regards. Sincerely, $: David A. Bowers Mayor DAB: sm pc: W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance i/Mary F. Parker, City Clerk Willard N. Claytor, Director of Real Estate Valuation Robert H. Bird, Municipal Auditor ,_._.."...~ II' . "II .. ...'" f'" ~...,rmr IT I'.."....'".'"'tl''.,''-,..~.''' ",~'.^-:" ~-,-, ~ ~~ ~ II~nn'] ~1 "1 nnr , "r, -URlIlr , T" . "111 '" .11 ~ 1993 ANNUAL REPORT ROANOKE CITY PLANNING COMMISSION Roanoke, Virginia ,_liIill.J.J~..~......JJ ,l~IIIII__.-rI~1 """ ",. "",..-..11oo...........",'., . ~....,...Ill..IliII.Id.H.. I'''' ,...,""'......104...........,.. , .. "" TABLE OF CONTENTS I. Introduction II. Why Plan? III. Why Have a Planning Commission? IV. Powers and Duties V. Planning Commission Membership/ Attendance 1993 VI. Planning Commission Standing Subcommittees VII. Summary of Activities/Projects 1993 VIII. Planning Commission Goals 1994 IX. Recommendations to City Council X. Summary of Development Activities 1991-93 Appendix 1 - 1993 Adopted Amendments to the Zoning Ordinance Appendix 2 - 1993 Rezoning Docket Appendix 3 - ,1993 Street/Alley Closure Docket Appendix 4 - 1993 Status of Subcommittee Assignments PAGE 1 1 1 2 3 4 5 7 7 9 A-I A-2 A-4 A-5 .. I. INTRODUCTION Throughout its history, Roanoke has had a strong tradition of civic involvement in the planning process. The City's Planning Commission, consisting of citizen volunteers appointed by City Council, has played an important role in this citizen participation process. The role of the Planning Commission has, however, changed through time. The Planning Commission is no longer the only official body responsible for advising City Council on matters which affect the City's future growth and development. Over the years, City Council has delegated authority for planning responsibilities such as capital budgeting, project planning, and implementation of departmental functions to the City administration. In addition, City Council has delegated planning responsibility for special functions such as education or housing redevelopment to other Council-appointed bodies. II. WHY PLAN? The primary reason why a community shall plan is to prepare for and cope with change. Change is inevitable and whether it is a positive or negative force in a community may depend upon the planning activities carried out in the community. Planning is a necessity if a community wants to have any control over its future. In the absence of monitoring or guidance, change will occur haphazardly without any assessment being made of its impact on the whole community. Finally, the planning process provides citizens with an opportunity to participate in decisions which affect the quality of their lives. Citizens will also have more commitment to decisions in which they have had a part. III. WHY HAVE A PLANNING COMMISSION? Every community in Virginia is required to have formed a planning commission by July 1, 1976. Roanoke's planning commission was established in 1946, making it one of the oldest such bodies in the state. The primary purpose of the commission is to advise and assist City Council in promoting the orderly development of the City. Consequently, the planning commIssion has primary responsibility for developing the plans and ordinances necessary to guide future growth. The Commission also provides the following important functions. . SelVes as a sounding board for City Council in matters related to development issues. . SelVes as a catalyst by presenting new ideas and calling attention to community problems or areas where policy direction is needed. . SelVes as a liaison between citizens and City Council. -1- ,01. '.l .J.JJ~,.IlL....L 'l.----'1IlI. "'_".",., h,.~...~"."" , . ~.. f' ..., . Evaluates the long-range impact of governmental actions. . Encourages reasonable and consistent City planning. IV. POWERS AND DUTIES General powers and duties of the Planning Commission are specified in Section 15.1- 444 of the Virginia Code. The most important of these responsibilities are summarized below, with the corresponding Code references: The Planning Commission shall: . Make recommendations on an annual report to City Council concerning the operation of the Commission and the status of planning within the City (15.1- 444). . Prepare a comprehensive plan for the physical development of the City (15.1- 446). The City's current comprehensive plan, entitled Roanoke Vision. was adopted by City Council in April, 1986. Following adoption, State law (15.1- 456) mandates that the plan ". . . shall control the general or approximate location, character and extent of each feature shown on the plan. Thereafter, no street, park or other public area, public building or public structure, public utility facility or public seIVice corporation facility other than railroad facility, whether publicly or privately owned, shall be constructed, established or authorized, unless and until the general or approximate location, character, and extent thereof has been submitted to and approved by the local commission as being substantially in accord with the adopted comprehensive plan or part thereof." . Recommend methods of implementing the City's comprehensive plan (15.1- 447). . Prepare amendments to comprehensive plan at Council's request (15.1-453). . Review comprehensive plan and update if necessary at least once every five years (15.1-454). . Prepare and recommend subdivision regulations (15.1-470). . Make recommendations to City Council on street/alley closure requests (30- 14). . Make recommendations to City Council on proposed amendments to zoning ordinance/map (30-691). . Review and approve selected site plans (36-577). -2- v. " . Make recommendations to the appropriate public officials, programs for public structures and improvements and for the financing thereof and make recommendations to City Council (36-619(c)), . Consider and make recommendations to City Council regarding all requests for revocable licenses to erect marquees over public ways (36-619(e)). The Planning Commission may: . Prepare an official map (15.1-458). . Or at the direction of City Council shall, prepare a capital improvement program (15.1-464). . Review preliminary subdivision plats (15.1-475). . Or at the direction of City Council shall, prepare a zoning ordinance (15.1- 493). . Make recommendations on street name changes at City Manager's request (30-34). . Control, preselVe and care for all historical landmarks now owoed or acquired by the City (36.1-619). . Make suggestions concerning the design of bridges, viaducts, street fixtures and other public structures (36.1-619). ,PLANNING COMMISSION MEMBERSHIP/ ATIENDANCE 1993 The Planning Commission consists of seven members appointed by City Council. Terms are staggered and individual appointments are made for four years. Planning Commission members must live within the City and at least half of the membership is required to be freeholders. The current members of the Commission and staff are as follows: -3- "" coJ ....u~~IIlL......iU.. l....---II,Il. ., ...."_..............., , ,~~,..lIilli&li.L.U, _,'....'.......114_...1','. I .. .... ORIGINAL TERM #OF COMMISSIONER APPOINTMENT EXPIRATION ABSENCES. Paul C. Buford, Jr. Vice Chairman 12/26/78 12/31/94 1 John P. Bradshaw, Jr. 12/26/72 12/31/96 2 Gilbert E. Butler 5/19/93 12/31/94 0 Carolyn H. Coles 4/13/93 12/31/96 3 Barbara N. Duerk 1/4/93 12/31/96 1 John B. Ferguson 11/30/90 resigned May, '93 0 Richard L. Jones 1/22/85 12131196 1 Charles A. Price, Jr. Chairman 11/5/79 12/31/94 3 *14 regular meetings were held in 1993. PLANNING COMMISSION STAFF John R. Marlles, Agent Martha P. Franklin, Secretary VI. PLANNING COMMISSION STANDING SUBCOMMITIEES AND SPECIAL PROJECT COMMITIEES During the past calendar year, members of the Planning Commission selVed on a number of Planning Commission subcommittees as well as other committees studying various City projects. A listing of those committees, with membership, is set out below. Status of subcommittee assignments is included in Appendix 6. Plannine Commission Standine Subcommittees: Ordinance/Names Subcommittee: John P. Bradshaw, Jr., Chairman Richard L. Jones John B. Ferguson Charles A. Price, Jr. (ex-officio) Transportation Subcommittee Richard L. Jones, Chairman Carolyn H. Coles Barbara N. Duerk Charles A. Price, Jr., (ex-officio) Long-Range Planning Subcommittee: Paul C. Buford, Jr., Chairman John P. Bradshaw, Jr. Barbara N. Duerk Charles A. Price, Jr. (ex-officio) Community Development Subcommittee Paul C. Buford, Jr., Chairman Carolyn H. Coles John B. Ferguson Charles A. Price, Jr. (ex-officio) -4- VII. SUMMARY OF ACfMTIES/PROJECfS - 1993 ... . Long-Range Planning - In 1993, the Planning Commission and staff from the Department of Planning and Community Development began the process of updating Roanoke Vision, the City's official comprehensive plan, adopted by City Council in 1986. Commission members participated in City Council's long- range planning retreat, the Vision '93 Community Forum held at the Roanoke Civic Center and 4 community workshops conducted as part of the public input phase of this ongoing comprehensive planning process. . Transportation Planning - Representatives from the Planning Commission actively participated in the preparation of the City's Thoroughfare Plan, which was adopted by City Council in January, 1994. The Planning Commission also reviewed 6 applications submitted by groups and organizations for funding under the Intermodal Surface Transportation Efficiency Act (ISTEA), administered by the Virginia Department of Transportation. The Planning Commission also recommended that whenever streets are repaved or widened within the City, the appropriate City department consider the needs of bicyclists and other alternative modes of transportation. . Housing Planning - The Planning Commission's Community Development Subcommittee assisted in the preparation of the City's Comprehensive Housing Affordability Strategy (CHAS) 1993-98 and FY 93 Annual Plan adopted by City Council in December, 1993. The CHAS presents strategies for addressing the housing needs for low- and moderate-income individuals residing in the City. . Special Area PlanninB - Representatives of the Planning Commission also participated on special project committees appointed to provide direction and input in the preparation of special area plans for Mill Mountain and Tinker Creek corridor. . Solid Waste Planning - In 1993, the new Regional Solid Waste Transfer Station was completed. In 1992, the City received an Achievement Award from the Virginia Municipal League for the citizen participation process used by the Planning Commission in selecting the site for the facility. . Regional Planning - The Planning Commission's Agent selVed as one of the City's representatives on the Fifth Planning District Commission. A member of the Planning Commission and the Commission's Agent also participated in a regional study of the Roanoke River which was initiated jointly by the Roanoke City and Roanoke County Planning Commissions in 1987. The recommendations of the study team outlined in their report entitled The Roanoke River Corridor - Managing a Strategic Resource will be considered by the full Commission during the upcoming year. -5- .t...."'''', ..J.I~~.Il .oil ,.- '.... ..,..~"...'.",....",..."" ,"".....~,_, ".~..,--_.~ .,...,............'0.4._......",. 1 . v' . Revised Land Development Regulations - In 1993, the Ordinance/Names Subcommittee reviewed 13 proposed zoning ordinance amendments to the City's zoning ordinance, all of which were eventually recommended for approval by the full Commission and adopted by City Council. Additional amendments are currently being drafted by staff. A complete listing of zoning ordinance amendments recommended by the Planning Commission and adopted by City Council is included in the appendix to this report. Work continued on the process of updating the City's Subdivision Ordinance which was last updated in 1968. The Subcommittee was assisted in this effort by an advisory committee consisting of representatives from the development community. . Rezoning/Street and Alley Oosure Requests - The Planning Commission considers requests for rezonings and street and alley closures at their monthly meeting held on the first Wednesday of the month. During 1993, the Commission reviewed 16 rezoning requests and 15 street and alley closure requests. A complete listing of rezoning/street and alley closure petitions considered by the Commission is included in the appendix to this report. . Site Plan Review ~ Under a provision of the City's zoning ordinance, the Planning Commission has responsibility for reviewing selected site plans. In 1993, the Commission reviewed and approved 4 comprehensive development plans. . Coordination of Land Development Boards - One member of the Planning Commission selVed on the City's Architectural Review Board. The Commission's staff also provides assistance to the City's Board of Zoning Appeals and the Architec~ural Review Board. -6- ,.'............," , ~~..'.'..''''"'..'.'''.'~l'_.....''n VIII. PLANNING COMMISSION GOALS FOR 1994 IX. .... The following items represent the Planning Commission's goals for 1994: 1. Identify recommendations to pro-actively enforce the City's zoning ordinance, by May 15, 1994. 2. Complete the comprehensive update to the City's subdivision ordinance, by June 30, 1994. 3. Review the recommendations outlined in the the report entitled The Roanoke River Corridor - Managing a Strategic Resource and make recommendations to City Council, if appropriate, by July 30, 1994. 4. Complete the process of updating Roanoke Vision, the City's adopted comprehensive plan, by August 31, 1994. 5. Complete at least one, and begin another, neighborhood plan, by September 30, 1994. 6. Complete the process of updating the City's sign regulations, by November 30, 1994. 7. Assist in preparation of the City's Comprehensive Housing Affordability Strategy (CHAS) Annual Plan update by December 31, 1994. 8. Assist the Fifth Planning District Commission and VDOT with the update to the Bikeway element of the Roanoke Valley Area Long- Range Transportation Plan, by March 31, 1995. 9. Prepare a position paper addressing the visual appearance of the City, by September 30, 1994. RECOMMENDATIONS TO CITY COUNCIL . Additional staff persons are needed in the City's Department of Planning and Community Development to undertake long-range planning activities and adequately enforce the City's land development regulations. . The Planning Commission should continue to serve as a sounding board for City Council on both short-term and long-range development issues. . The role of the Planning Commission in the City's planning process should be to coordinate the City's ongoing comprehensive planning efforts. The Planning Commission, through its subcommittee structure, should continue to be involved in City-sponsored planning efforts. -7- ,_,,ojl ...J.lJ......"..u ,.",,---,11.I. """ ","-----,.,, M...~..--.- .....,........."1104<_...,,"" .. './ . The Planning Commission should selVe as a catalyst for City Council and the City administration by calling attention to community development issues or areas where policy direction is needed. . The Planning Commission should continue to assume primary responsibility for developing the plans and ordinances necessary to guide future growth. . Communication between the Planning Commission, City Council, the City administration and the City's other major boards and Commissions with responsibility for future planning would be enhanced by the scheduling of a joint meeting on an annual basis. -8- "\ x. SUMMARY OF DEVELOPMENT ACTMTIES/1991-93 REZONINGS < 1993 1992 1991 .', .' Petitions Filed 16 11 19 Petitions Approved by Council with proffered conditions 13 10 16 without proffered conditions 2 0 1 Petitions Denied by Council 0 0 0 Petitions Withdrawn by Applicant 2 1 2 Petitions Pending Council's Decision 0 0 0 ,..". " STREET AND . ALLEY "CLOSU.R:ES, ,< ,'."'. Petitions Filed 14 7 10 Petitions Approved by Council 14 4 10 Petitions Denied by Council 0 0 0 Petitions Withdrawn by Applicant 0 2 0 Petitioners Awaiting Council's Decision 0 0 0 Petitions Continued by Planning Commission 0 0 0 Files Closed 0 0 0 -9- .', ._~"'~ " ,.. "''''''''.__........,.,,~'''' , ,,," ..-...... ...i "...,'....,,___, lH,_,...",~, APPENDIX 1993 ADOPTED AMENDMENTS TO THE ZONING ORDINANCE 1. Section 36.1-108. Special exception uses. - Medical office 2. Section 36.1-270. Pennitted uses. - Public police facilities 3. Section 36.1-36I. Flood plain management regulatons; definitions. - Base Flood Elevation 4. Section 36.1-362. Establishment of flood plain areas. 5. Section 36.1-363. Application. 6. Section 36.1-364. Flood plain development regulations. 7. Section 36.1-365. Pennitted uses. 8. Section 36.1-366. Special exception uses. 9. Section 36.1-367. Design criteria for public utilities and facilities. 10. Section 36.1-368. Existing structures in the flood plain. II. Section 36.1-369. Variances. 12. Section 36.1-370. Procedure for variances and special exception uses in floodways. 13. Section 36.1-37I. Abrogation and greater restrictions. -Al- ~ - - - j 1993 REZONING DOCKET J - if i I - 93-00 John T. Davis, Jr. LM RM-l Conditional 209 Ninth Street, NW .086:t 12/2/92 Approval 1/ 11/93 Approval - - - - - 93-002 Whitescarver-Rodes & Associates Change in Conditions Frontage Road, N.W. 1.276:t 1/6/93 Approval 2/8/93 Approval - 93-003 H&C Pannership RY Properties LM C-2 Conditional Salem Turnpike, N.W. 5.75:t 4/7/93 Withdrawn by Petitioner - 4/14/93 93-Q04 District Investigations Change in Conditions 2311 Sanford Avenue, S.W. 12/2/92 Denial of 2/8/93 Referred I request back to PC > '" RM-l C-2 Conditional 4/7/93 Approval 5/10/93 Approval I - 93-005 HASI Partnership Change in Conditions 3342 Melrose Avenue, N.W. 3.024 4/7/93 Approval 5/10/93 Approval - 93-006 H&C Partnership LM C-2 Conditional Salem Turnpike, N.W. 5/5/93 Approval 5/10/93 Approval - 93-007 Dr. Guy B. Merritt RM-l CN Conditional 2001 Memorial Avenue, S.W. 1/3/93 Denial 2/8/93 Referred back to PC Withdrawn - 6/9/93 - 93-008 Robert John King C-l C-2 Conditional Shenandoah Avenue, N.W. .364 5/5/93 Approval 6/14/93 Approval - 93-009 LKA Enterprises, Inc. RM-l C-2 Conditional Angell Avenue, N.W. .855 7/7/93 Approval 8/9/93 Approval - 93-010 Estate of Grace Short Siler RM-l C-2 Conditional Gus Nicks Boulevard, N.E. 1. 007 7/7/93 Approval 8/9/93 Approval - 93-011 Roanoke Redevelopment and Housing HM LM Hollins Road, N.E. 9.75 7/7/93 Approval 8/8/93 Approval Authority - - - 93-012 Offutt! Amos, Inc. RM-l LM Conditional Fairmont Place, Hollins, 3.25 8/4/93 Approval 9/13/93 Approval Pocahontas, NE 93-013 Southern Classic Soft Cloth Auto LM C-2 Conditional Hollins and Orange, N,E. 1.5 9/1/93 Approval 10/11/93 Approval Wash 93-014 Sandra G. Layman Change in Conditions_ 5121 Airport Road, N.W. Withdrawn by Petitioner - 12/6/93 93-015 Berglund Chevrolet, Inc. RM-1 C-2 Maddock and Noble, N. W. 10/6/93 Approval 12/13/93 Approval 93-016 J. H. Heafner Co., NationsBank, C-2 LM Conditional Thirlane Road, N, W. 9.9 3/3/93 Approval 12/13/93 Approval Jarrett, et als 93-017 Brabham Petroleum HM C-2 Conditional 752 Orange Avenue, N.E. Continued at request of Petitioner's attorney ) I > \,J I '~ \ - 1993 Street and Alley Closure Docket . ,... ...... ,..,......., ...... ..... _~lt_II.I! ::::=:=:_tmt[!:::::::::=:::::::i:i:::=::=w':::\w: :.:.:':.: :':':.:.:.:-: ........:...:.:..... ......,.,;.:.:.:.' :-:-:.:.:.:.:.:.:.;.:.:-:-:-:-:-:-: .... ....., ,..........., .. ................. ::::~:~:;. ;::;::::::::.:.::;.::=::;:::::::::,:r;:;:. ,,~r:: :.:.:::;:;: ::f=;:;::;::;=?::;::;:;:;:::: ,;,;.::;,;,:.:.;.;,:.:';':';';':';"::::::::".:::..:.:';"::",::::::::::::::::::::;:::::::::::::::.::':-:';'y,.,', . . , . . . , . - , . . . . . , , , . . , . , , . . . . . . i I 93-001 Billy F. Richards 12' alley perpendicular to Buena Vista 12/2/92 Approval 1/11/93 Approval I Blvd., SE - 93-002 Berglund Chevrolet 425' portion of Maddock Avenue, NW 1/6/93 Approval 2/8/93 Approval 93-003 E. C. Pace, III Friar Tuck Road and pt. Woodcliff Road, 1/6/93 Approval 2/8/93 Approval SE 93-004 St. John's Episcopal Church of alley between Jefferson and First, SW 1/6/93 Approval 2/8/93 Approval Roanoke i 93-005 Berglund Chevrolet 50' portion of Maddock Avenue, NW 3/3/93 Approval 4/12/93 Approval ~ I Nancy Cross 672' portion of Barns Avenue, NW 12/2/92 Approval 4/12/93 Approval > 93-006 ~ i I - 93-007 22 Luck Avenue, Inc. 10' wide alley extending in southerly 4/7/93 Approval 5/10/93 Approval direction from Luck Avenue, SW - , 93-008 Akzo Coatings, Inc. 265' portion of Burks Street, SW 6/2/93 Approval 7/12/93 Approval - 93 -()()9 Fellowship Baptist Church alley extending northerly from Murray 7/7/93 Approval 8/9/93 Approval Avenue, SE ! - . 93-010 Offutt/Amos, Inc. Fairmont Place, NE and two 10' alleys 8/4/93 Approval 9/13/93 Approval ~ . - i 93-011 Appalachian Power Co. portion of old Hollins Road, NE 9/1/93 Approval 10/11/93 Approval ~ - 93-012 Southern Classic Soft Auto Wash circular 10' wide alley in Fairmont Place, 9/1/93 Approval 10/11/93 Approval NE - 93-013 Appalachian Power Co. 10' wide alley lying west of 1st Street, 10/6/93 Approval 11/8/93 Approval between Franklin and Day, SW - 93-014 Berglund Chevrolet 100' portion of Maddock Avenue, NW 10/6/93 Approval 12/13/93 Approval - 93-015 Richard A. Newcomb alley running from Centre to Shenandoah, 11/3/93 Approval 12/13/93 Approval between 21st and 22nd, NW,; 275' alley perpendicular to alley described above ROANOKE CITY PLANNING COMMISSION STATUS OF SUBCOMMITIEE ASSIGNMENTS 1993 SUMMARY STATUS PROJECf STANDING SUBCOMMITfEENAME Long-Range Planning Retreat (9193) uncil Roanoke Vision Update Long-Range Planning Subcommittee Phase I - Land Use (7/93) Phase II - Transportation (4194) Draft Plan (est. 6194) Extension Corridor Study Peters Creek Inventory and Recommendations (6/90) Plan Recommendations (6193) Plan Adoption (est. 5194) Roanoke River Corridor Study Flood Plain Amendments 1(1192) Flood Plain Amendments II (10193) Medical Office in RM-l Districts (5193) Public Police Facilities in HM Districts (8193) Zoning Ordinance Amendments I Ordinance/Names Subcommittee :P- I \Jl First Draft (10/92) Second Draft (11193) Final Draft (est. 6194) Subdivision Ordinance Update City Council Approval (1194) City Council Approval (3193) Roanoke City Thoroughfare Plan applications Review of ISTEA Transportation/UtilitieslF acilities Subcommitte City Council Approval (12/93) Comprehensive Housing Affordability Stratey (CRAS) 93-98 Community Development Subcommittee ~ City Council Approval (12/93) General Assembly Approval of Charter Amendment (3193) Draft Design Overlay District (11/93) Draft Infill Design Guidelines (2/94) Plan Infill Design Strategy Annual FY'93