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Home My WebLink AboutCouncil Actions 09-12-94WHITE 32173 REGULAR WEEKLY SESSION ROANOKE CIIT COUNCIL September 12, 1994 10:00 a.m. AGENDA FOR THE COUNCIL Call to Order- Roll Call. AU Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. ANNOUNCEMENTS: The regular meeting of the Greater Roanoke Transit Company Board of Directors has been cancelled. A joint meeting of Roanoke City Council and the Roanoke County Board of Supervisors will be held at 12:00 noon at the Roanoke Valley Resource Authority Office, 1020 Hollins Road, N. E., Roanoke, Virginia. Public hearings will be conducted during the 7:00 p.m. session of City Council. Presentation by Mayor Bowers. e Proclamation declaring Friday, September 16, Neighborhood Partnership Appreciation Day. CONSENT AGENDA 1994, as Roanoke C-1 C-2 (APPROVED 7-0) 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 rFEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meeting of Council held on Monday, May 2, 1994; a meeting of the City Council Personnel Committee held on Thursday, May 5, 1994; and the regular meetings of Council held on Monday, May 9, 1994, Monday, May 16, 1994, and Monday, May 23, 1994. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. 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. 2 RECOMMENDED ACTION: File #15-110o132 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. C-3 A communication from Mayor David A. Bowers requesting an Executive Session to discuss a matter with regard to disposition of publicly held property or use of publicly held property for a public purpose, specifically the request of a non-profit organization to acquire or use public property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #15-1100132 Concur in request for Council to convene in Executive Session to discuss a matter with regard to disposition of publicly held property or use of publicly held property for a public purpose, specifically the request of a non-profit organization to acquire or use public property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. C-4 Qualification of James G. Harvey, II, as a Commissioner of the Hotel Roanoke Conference Center Commission for a term of four years ending April 12, 1998. RECOMMENDED ACTION: Receive and file. File #15-110-247 3 C-5 Qualification of James O. Trout to fill the unexpired term of H. B. Ewert, ending August 31, 1995, and Willis M. Anderson for a term of four years ending August 31, 1998, as Commissioners of the Roanoke Redevelopment and Housing Authority Board of Commissioners. RECOMMENDED ACTION: Receive and file. File #15-110-178 C-6 Qualification of James C. Stephens as a member of the Youth Services Citizen Board for a term ending May 31, 1997. RECOMMENDED ACTION: Receive and file. File #15-110-304 REGULAR AGENDA HF. ARING OF CITIZENS UPON PUBLIC MATI'ERS: None. 4. PETITIONS AND COMMUNICATIONS: ae A communication from Vice-Mayor John S. Edwards with regard to a proposal that the City acquire and operate an indoor athletic field house for sporting events. Deferred until the 7:00 p.m. session. and Parrot voted no. File g67-304-376-467 Council Members McCadden A communication from Sara B. Winn, Attorney, representing House of Care of Southwest Virginia, Inc., transmitting a petition requesting adoption of a Resolution in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located in the City of Roanoke. Referred to the City Manager for study, report and recommendation to Council. File #79-106-137-169 4 Ce A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance and appropriation of funds provided by the State Compensation Board for office equipment and additional Attorney and Administrative Secretary positions; and a report of the City Manager concurring in the request. Adopted Budget Ordinance No. 32173-091294. (7-0) File g60-133-184-236-472 A communication from the Roanoke City School Board requesting approval of a Resolution authorizing the appropriate City officials to make application to the Virginia Public School Authority for financing under the Authority's 1994 Interest Rate Subsidy Program. Adopted Resolution No. 32174-091294. (7-0) File #53-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending execution of an agreement with the Southwest Virginia Community Development Fund for the Micro-Business Revolving Loan Fund and the Entrepreneurial Revolving Loan Fund. Adopted Resolution No. 32175-091294. (7-0) File//226-233-236-450 5 o A report recommending execution of Change Order No. 1 to the City's contract with Aaron J. Conner, General Contractor, Inc., in connection with Carvins Cove Filter Plant Improvements, Phase II, Contract B-2. Adopted Ordinance No. 32176-091294. (7-0) File g27-405-468 A report recommending execution of an agreement with Electric Railway Company, Inc., for lease of a building located at 316 Walnut Avenue, S. E., for storage of public safety vehicles by the City. Adopted Ordinance No. 32177 on first reading. (7-0) File//166-373-374 A report recommending execution and filing of an application with the Virginia Department of Transportation for traffic safety improvements on eastbound Orange Avenue onto southbound Williamson Road, N. E. Adopted Resolution No. 32178-091294. (7-0) File//20-77-236-514 b. DIRECTOR OF FINANCE: A report with regard to proposed amendments to Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended. Adopted Ordinance No. 32179-091294. (7-0) File//5-24-70-184-429 6 6. REPORTS OF COMMITTEES: ao A report of the committee appointed to tabulate bids received for construction of the Roanoke City Jail Annex. Council Member William White, Sr., Chairperson. WITHDRAWN. File #123 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: None. OF 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Co Vacancies on various authorities, boards, commissions and committees appointed by Council. Expiration of the two year terms of Mary F. Parker, City Clerk; James D. Grisso, Director of Finance; Robert H. Bird, Municipal Auditor; and Wilburn C. Dibling, Jr., City Attorney, on September 30, 1994. Reappointed the abovenamed persons for terms of two years each, ending September 30, 1996. File #1-38-83-280 7 10. OTHER HEARINGS OF CITIZENS: None. CERTIFICATION OF EXECUTIVE SESSION. (6-0, Council Member McCadden was absent.) Appointed M. Wendy O'Neil as a Redevelopment and Housing Authority. File//15-110-178 Commissioner of the Roanoke Appointed Ernest Zulia as a member of the Roanoke Arts Commission and waived City residency requirement. File #15-110-230 7:00 P.M. SESSION: Call to Order- Roll Call. The Invocation was delivered by Mayor Bowers. The Pledge of AHegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS Public hearing on the request of Douglas Basham that a 15 foot wide public alley lying between Official Tax Nos. 1551132 and 1551104, extending approximately 160 feet in a southeasterly direction from Lofton Road, S. W., be permanently vacated, discontinued and closed. Douglas Basham, Spokesperson. 8 The matter was referred back to the City Planning Commission for the purpose of meeting with the petitioner and affected property owners to address issues of concern, with further report and recommendation Council. File #514 Public heating to determine if citizens desire Council to request the General Assembly of Virginia to modify the manner in which the members of City Council are elected, specifically whether all or some members of City Council should be elected from election districts (sometimes referred to as "wards") and, if so, how such election districts should be organized. Wilburn C. Dibling, Jr., City Attorney. No action was taken. File g40-132-137 OTHER HEARINGS OF CITIZENS: oao The general concept of an indoor multi-sport athletic field house was referred to the City Manager for study, report and recommendation to Council within a reasonable period of time. File ://67-304-376-467 9 Office of the Mayor CITY OF ROANOKE Given under our hands and the Seal of the City of Roanoke this twelfth day of September nineteen hundred and ninety-four. WHE. RE. AS, the City's Roanoke Neighborhood Partnership was established fourteen years ago, beginning with a City Council appointed Steering Committee and a neighborhood planning process with four pilot neighborhoods; and WH~, the Roanoke Neighborhood Partnership is an action oriented coalition of neighborhoods, business, non-profits and government working to maintain and improve the quality of life in Roanoke; WHF_,RF_.AS, 28 neighborhood and business associations and hundreds of community volunteers have become members of the Partnership, establishing a cooperative approach to address neighborhood issues such as crime, housing, beautification and eyesores; and WHERFa~, neighborhood and business associations contribute numerous hours of volunteer time to maintain and improve the liveability of Roanoke' s neighborhoods; and WHF, RFa~, the Roanoke Neighborhood Partnership offers communication, training, assistance and advocacy to its members; and WHF_,RF_.AS, the Roanoke Neighborhood Partnership is an ongoing process of citizen participation and capacity building. NOW, THERF~ORE, !, David A. Bowers, Mayor of the City of Roanoke, Virginia, in recognition of the outstanding accomplishments of the Roanoke Neighborhood Partnership, do hereby proclaim, throughout the City of Roanoke, Friday, September 16, 1994, as ROAblOI~E NFAGHBORHO0D PARTI~.~HIP APPRECIATION DAY. Mary F. Parker City Clerk Mayor 143 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL May 2, 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, May 2, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Howard E. Musser (left the meeting at 2:40 p.m.), William White, Sr., Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden and Mayor David A. Bowers ABSENT: None ....... ----7. 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 Joy Sylvester-Johnson, Director of Development, Roanoke City Rescue Mission. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-NEIGHBORHOOD ORGANIZATIONS: Council having requested the City Attorney to prepare the proper measure commending the Northwest Neighborhood Environmental Organization upon receipt of the 1994 President's Volunteer Action Award, Mr. Edwards offered the following resolution: (#31962-050294) A RESOLUTION recognizing and commending the members of the Northwest Neighborhood Environmental Organization, Inc. (For full text of Resolution, see Resolution Book No. 56, page 54.) ACTION: Mr. Edwards moved the adoption of Resolution No. 31962-050294. The motion was seconded by Mrs. Bowles and · adopted by the following vote: 144 AYES: Council Members Musser, White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers 7. NAYS: None 0. The Mayor presented Ms. Florine L. Thornhill, President, Northwest Neighborhood Environmental Organization, with a ceremonial copy of Resolution No. 31962-050294 and a pewter cup with the Roanoke City Seal affixed thereto. PROCLAMATIONS-ARCHITECTURAL REVIEW BOARD-TOURISM: The Mayor advised that National Preservation Week will be observed across the United States on May 8-14, 1994, and Virginia Heritage Tourism Weeks will be celebrated throughout the Commonwealth of Virginia on May 1-15, 1994; whereupon, he presented Dr. John R. Kern, Director, Roanoke Regional Preservation Office, with a proclamation declaring May 1 - 15, 1994, as Virginia Tourism Weeks. Dr. Kern advised that Virginia Heritage Tourism Weeks focus attention on the State's history which is a sense of the community and a sense of the past that causes each community to be unique and special as a result of economic revenue generated from individuals who choose to visit, to return and to locate businesses in places that have chosen to preserve historic sites. He called attention to historic properties that tell the unique and special history of the City of Roanoke such as Fire Station Number One, the Southwest Historic District, and the City Market Historic District. He stated that the Roanoke Preservation Office, along with other preservation organizations, have worked with the City of Roanoke to interpret the unique history of the community, to conduct heritage education workshops that were well attended, and to conduct tours leading to the promotion of heritage tourism. He added that the Roanoke Preservation Office also worked with the City and Virginia Polytechnic Institute and State University to expedite design and environmental review for The Hotel Roanoke which is the keystone of heritage tourism projects in the entire Roanoke area. He expressed appreciation to Council for supporting the efforts of the Roanoke Valley Preservation Foundation to recognize the unique history of the area and for the opportunity to work with the City on planning leading to the realization of the full economic potential of historic resources that exist in the City of Roanoke. 145 ACTION: ACTION: Martha A. Mackey, Executive Director, Roanoke Valley Convention and Visitors Bureau, invited the Members of Council to a news conference to be held on Wednesday, May 4, 1994, commemorating the event. George A. Kegley, President-Elect, Roanoke Valley Preservation Foundation, expressed appreciation to Council for its past interest in preservation of historic structures, and advised that he looks forward to participating in other cooperative ventures with the City of Roanoke. BID OPENINGS BRIDGES-NORFOLK SOUTHERN CORPORATION-STREETS AND ALLEYS: Pursuant to notice of advertisement for bids for repairs to Jefferson Street Bridge over Norfolk Southern Railway, Contract I, said bids to be received by the City Clerk until 1:30 p.m., on Monday, May 2, 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 Lanford Brothers Co., Inc. Corte Construction Co., Inc. Allegheny Construction Co., Inc. TOTAL AMOUNT $127,071.00 176,500.00 204,500.00 (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 Charles M. Huffine as members of the committee. STREETS AND ALLEYS-SIDEWALK/CURB AND GUTTER: Pursuant to notice of advertisement for bids for asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke, said bids to be received by the City Clerk until 1:30 p.m., on Monday, May 2, 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 ALT. 1 ALT. 2 Adams Construction Co. L. H. Sawyer Paving Co., Inc. S. R. Draper Paving Co., Inc. $1,163,168.30 1,251,105.80 1,268,641.70 $49,500.00 49,500.00 49,500.00 $249,820.00 252,299.00 260,820.00 (For full text, see bids on file in the City Clerk's Office.) ACTION: 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. ACTION: The Mayor appointed William White, Sr., Chairperson, William F. Clark and Charles M. Huffine as members of the committee. PUBLIC HEARINGS ZONING: Council at its meeting on Monday, April 11, 1994, having continued a public hearing on the request of Wal-Mart Stores, Inc., and William Hunt Staples, et al., that a .6636-acre and a .8091-acre portion of a tract of land containing 62.5379 acres, located adjacent to Interstate 581 and the terminus of Broad Street, N. W., identified as Official Tax No. 2250101, be rezoned from LM, Light Manufacturing District, and RS-3, Residential Single Family District, to C-2, General Commercial District, the matter was again before the body. The Mayor advised that several persons had registered to speak, however, he was informed just minutes prior to convening the Council meeting that the public hearing will be cancelled inasmuch as Wal-Mart Stores, Inc., had withdrawn its petition for rezoning. He further advised that the City and Wal-Mart will endeavor to address the traffic problems in the area and Wal-Mart and the City will continue to work toward a multi-party agreement, including an agreement with the Valley View Mall interests and the Watts family to address traffic concerns. He pointed out that in all 147 ACTION: respects, Wal-Mart Store officials, the Watts family, Valley View interests, attorneys, and the City Attorney and his staff have worked cooperatively and expressed appreciation for the spirit of cooperation. An individual from the audience requested to be heard on the matter; whereupon, the Mayor advised that in order to abide by the rules of Council, he would entertain requests to be heard under Agenda Item No. 10, Other Hearings of Citizens, inasmuch as there was no action to be taken because the request for rezoning had been withdrawn by the petitioner. The Mayor requested that the City Manager report to Council within 24 hours as to necessary action(s) to be taken. (See Page No. 7 for further discussion.) 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. 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 authorities, 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. Musser and adopted by the following vote: 148 ACTION: AYES: Council Members Musser, White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers .... 7. NAYS: None 0. STATE HIGHWAYS-LEGISLATION: A communication from Mayor David A. Bowers advising that he was pleased to learn that the Virginia Department of Transportation and the majority of the Virginia Congressional delegation have joined with Governor Allen in proposing that Interstate 73 come through Montgomery County, along the Smart Road, and southward through Franklin County to the Martinsville area to connect with the route in North Carolina, was before Council. The Mayor pointed out that the proposed route will be several miles outside of the City of Roanoke, therefor, it is appropriate to begin the process to make sure that an interstate connector be built from Interstate 581 to Interstate 73 southwest of the City. In the spirit of Valley cooperation and regionalism, he requested that Council ask the administration for advice as to how to proceed in dealing with Roanoke's neighboring jurisdictions, VDOT and others concerned about how the City can best proceed to make sure that there is a direct link between the City and the proposed Interstate 73 route southwest of Roanoke. The Mayor requested that the matter be referred to the City Manager for appropriate response to Council within 90 days. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the matter be referred to the City Manager for appropriate response within 90 days. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers- 7. NAYS: None .............. 0. At this point, 2:40 p.m., Council Member Musser left the meeting. At 2:40 p.m., the Mayor declared the meeting in recess. 149 At 2:45 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 Member Musser. ZONING: In explanation of the Chair's previous ruling on the public hearing in connection with the request of Wal-Mart Stores, Inc., to rezone land in the area of Interstate 581 and Broad Street, N. W., (see Page No. 5), the Mayor advised that no action will be taken by the Council inasmuch as Wal-Mart has withdrawn its request for rezoning, and therefore, it would be inappropriate to discuss the matter. He advised that if individuals in attendance had questions, he would be pleased to respond to the questions informally with the consent of Council in order to avoid a misunderstanding; however, he explained that it is not unusual for a petition to come before the Council and to be withdrawn at the last minute by the petitioner. He added that it was the decision and the right of the petitioner to withdraw the request for rezoning. Ms. Ann W. Foster, 2322 Oakland Boulevard, N. W., inquired as to why knowledge of previous discussions with Wal-Mart officials was withheld from the public during the past two years; whereupon, the Mayor requested that the question be registered and that the City Manager respond within a reasonable period of time. Ms. Sarah Crawford, 3534 Courtland Road, N. W., inquired as to future action to be taken by the City; whereupon, the Mayor advised that the City Manager was previously requested to advise Council as to the necessary actions to be taken, if any. (See Page No. 23 for further remarks.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting the closeout of 61 completed school grants, resulting in a net reduction of $462,329.00, was before Council. 150 ACTION: A report of the Director of Finance advising that the request to closeout the 61 grants is necessary inasmuch as the grant programs have been completed, 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: (#31963-050294) 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 56.) Mr. White moved the adoption of Ordinance No. 31963- 050294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers 6. NAYS: None--- -0. (Council Member Musser was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: BUDGET-GRANTS-PLANNING-HOUSING/AUTHORITY: The City Manager submitted a written report advising that the City of Roanoke receives an annual grant of funds from the U. S. Department of Housing and Urban Development (HUD) based on a formula which considers age of housing, poverty levels and other "distress" factors; that the amount of the Community Development Block Grant (CDBG) is closely related to how much the U. S. Congress appropriates nationwide, rather than anything that the City of Roanoke does; and since 1974, the City has received approximately $37 million in CDBG funds which have been used on numerous projects in housing, economic development, community services and public improvements. It was explained that the City's CDBG entitlement will be $2,276,000.00 for the fiscal year beginning July 1, 1994, or a $200,000.00 increase over fiscal year 151 1994, and to that will be added $603,100.00 in program income generated by the grant program from previous years; that new Housing and Urban Development CDBG funds, added to $681,851.00 unspent from previous years, will leverage an estimated $3,002,439.00 in additional monies from Federal, State and private sources, for a total program scope of $6,563,390.00; and citizen hearings and workshops were held on February 1 and April 21 in order to obtain recommendations of citizens and to identify community needs for the coming year. It was advised that proposals for 47 projects and 4 administrative budgets were received totalling $3,715,576.00, two Section 108 Loan payments and two other 1994-95 contractual obligations totalling $1,186,724.00, were received and new and transferred funding available for allocation totals $2,374,227.00. The City Manager pointed out that 14 new projects are being recommended, along with 32 previously funded projects; and with 46 individual projects and activities funded in whole or in part with CDBG funds, the fiscal year 1995 program has been designed to accomplish the following: provide adequate housing, provide adequate jobs/employment, reduce instances of crime and drug abuse, maintain and improve City infrastructure, empower citizens and neighborhood organizations, compliance with Federal laws and regulations, and promote community pride. In conclusion, the City Manager advised that the proposed CDBG budget and program is responsive to stated concerns of the citizens of Roanoke, and meets regulatory requirements of HUD; and the program provides for housing improvements, activities for youth, business development, the creation of new job opportunities, human development, the strengthening of neighborhood organizations, and adequate administrative oversight for the entire program which will allow the City to build upon the successes of the past and to meet certain urgent critical needs. The City Manager further advised that Council has scheduled an evening public hearing to be held on Monday, May 9, 1994, to receive comments of citizens; and at that time, Council will be requested to authorize the City Manager to submit the 1994-95 Statement of Objectives to the Richmond Office of the Department of Housing and Urban Development for review. (For full text, see report on file in the City Clerk's Office.) 152 Without objection by Council, the Mayor advised that the report would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-HUMAN DEVELOPMENT-YOUTH-SCHOOLS: The City Manager submitted a written report advising that the Comprehensive Services Act (CSA) for At-Risk Youth and Families 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 the City of Roanoke for the period July 1, 1993 through June 30, 1994, is as follows: State Funds: Local Funds: Total Allocation: $1,983,352.00 1~218~835.00 $3,202,187.00 It was further advised that the Roanoke Interagency Council, established by Resolution No. 31301-011193, adopted by Council on January 11, 1993, to manage the State Funds Pool, determined that in addition to the aforementioned State Funds Pool allocation, supplemental funds in the amount of $1,110,121.00 would be needed for the period July 1, 1993 through June 30, 1994; and on June 28, 1993, Council appropriated the following funds for the Comprehensive Services Act initial State Funds Pool Allocation and for the projected Supplemental Allocation: State Funds: Local Funds: Total Allocation: $2,786,204.00 1~526,104.00 $4,312,308.00 It was explained that in fiscal year 1993-94, the cost of services for targeted at-risk youth and their families was underestimated by $14,164.00; that the State Department of Education, the State fiscal agent for the CSA, will reimburse $10,235.00 of the $14,164.00; and the City of Roanoke is required to provide a local match of $3,929.00. The City Manager recommended that Council authorize the Director of Finance to take the following actions: increase the revenue estimate in Account No. 001-020-1234-0692, in the amount of $10,235.00, 153 ACTION: and increase the appropriations in Account No. 001-054-5410-3170, in the amount of $10,235.00; and transfer $3,929.00 from the CSA Contingency, Account No. 001-002-9410-2244, to the 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: (#31964-050294) 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 61.) Mr. McCadden moved the adoption of Ordinance No. 31964-050294. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers 6. NAYS: None .............. (Council Member Musser was absent.) BUDGET-GENERAL SERVICES-PUBLIC WORKS-EMERGENCY SERVICES-COMMUNICATIONS DEPARTMENT-CMERP-EQUIPMENT: The City Manager submitted a written report advising that Capital Maintenance and Equipment Replacement needs have been identified in the Communications Department; that certain identified items are necessary to insure that the City has a back up 9-1-1 Communications facility to provide continued public safety services to citizens; that should evacuation from the primary emergency center be necessary due to fire, natural gas leaks or hazardous materials spills, there would be no means of dispatching police, fire or EMS units to emergencies; that equipment will be used daily to support the Public Works Dispatch function; that single purchases costing less than $15,000.00 per single item, will be procured in accordance with small purchase procedures which uses competitive solicitation of bids; and Council's appropriation of funds is necessary to provide for the purchase of certain equipment totalling $21,665.00. 154 ACTION: The City Manager recommended that Council appropriate $21,665.00 from the Capital Maintenance and Equipment Replacement Program to the following accounts: $500.00 to Building Department, Account No. 001- 052-4330-3050; $8,423.00 to Communications Department, Account No. 001-050-4130-9015; and $12,742.00 to Communications Department, Account No. 001-050-4130-3005. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#31965-050294) 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 62.) Mrs. Bowles moved the adoption of Ordinance No. 31965-050294. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Harvey, McCadden and Mayor Bowers Edwards, 6. NAYS: None .................. 0. (Council Member Musser was absent.) INDUSTRIES-CONSULTANTS REPORTS-WATER RESOURCES- STREETS AND ALLEYS: The City Manager submitted a written report advising that acceptance of a bid submitted by J. P. Turner and Brothers, Incorporated, for construction of the Roanoke Centre for Industry and Technology Water and Access Road was approved by Council on March 7, 1994, and construction started on April 4, 1994. It was further advised that the project extends a water main from Blue Hills Circle to the proposed water tank site in the Roanoke Centre for Industry and Technology; that the proposed road alignment crosses a low lying wet weather stream approximately 850 feet north of Blue Hills Drive; that foundation conditions of the location are extremely poor and unsuitable for support of 155 ACTION: the proposed access roadway; that in order to accommodate groundwater drainage and improve foundation conditions, it is necessary to remove unsuitable soil material, provide for adequate drainage, and stabilize the area with crushed stone; and proposed corrective action has been reviewed and accepted by the consulting engineer, the contractor and City staff. It was explained that funds are currently encumbered, in the amount of $171,036.50; that the original contract award provided for a $18,963.50 contingency fund; that approximately $1,000.00 of the contingency is obligated for previously incurred advertising expenses; and contract breakdown is as follows: original contract amount $171,036.50 amount of Change Order No. 1 13,452.12 new contract amount $184,488.62 The City Manager recommended that Council authorize execution of Change Order No. 1, in the amount of $13,452.12, to the contract with J. P. Turner and Brothers, Incorporated, for a total contract amount of $184,488.62. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#31966-050294) AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with J. P. Turner and Brothers, Incorporated, for the Roanoke Centre for Industry and Technology Water and Access Road; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 63.) Mr. White moved the adoption of Ordinance No. 31966- 050294. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers --6. NAYS: None ............. 0. (Council Member Musser was absent.) 156 BUDGET-SEWERS AND STORM DRAINS-SIDEWALK/CURB AND GUTTER-STREETS AND ALLEYS: The City Manager submitted a written report advising that acceptance of a bid submitted by E. C. Pace Co., Inc., for the Liberty Road Sanitary Sewer Replacement project was approved by Council on August 9, 1993, and construction started on September 18, 1993. It was further advised that sewer replacement was at a depth in excess of 20 feet; that it was expected that some of the curb and sidewalk in the immediate area of the work would be disturbed in order to perform an excavation of the necessary depth; that contract prices for curb and sidewalk were established with the bid for a small quantity for each item; that during execution, it was necessary to remove and replace more curb and gutter than was anticipated; and additional funds requested will cover the cost of installing the additional curb and sidewalk. It was explained that funds are currently encumbered, in the amount of $20,520.00, for the project; that the original contract award provided for a $3,000.00 contingency fund, and approximately $254.00 of the contingency is obligated for previously incurred advertising expenses; and contract breakdown is as follows: original contract amount amount of Change Order No. 1 advertising expense new contract amount $20,520.00 10,745.00 254.00 $31,519.00 The City Manager recommended that Council authorize execution of Change Order No. 1, in the amount of $10,745.00, to the contract with E. C. Pace Co., Inc.; and appropriate an additional $7,999.00 from Sewer Fund Retained Earnings to Liberty Road Sanitary Sewer Replacement, Account No. 003-056-8462-9065. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#31967-050294) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 64.) 157 ACTION: ACTION: Mrs. Bowles moved the adoption of Ordinance No. 31967-050294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Harvey, McCadden and Mayor Bowers Bowles, Edwards, 6. NAYS: None .................... (Council Member Musser was absent.) Mrs. Bowles offered the following emergency ordinance: (#31968-050294) AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with E. C. Pace Company, Inc., for the Liberty Road Sanitary Sewer Replacement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 65.) Mrs. Bowles moved the adoption of Ordinance No. 31968-050294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Harvey, McCadden and Mayor Bowers ............. NAYS: None ................................ Edwards, 6. (Council Member Musser was absent.) PARKS AND RECREATION-ARMORY/STADIUM-YOUTH: The City Manager submitted a written report advising that the Roanoke Valley Youth Soccer Club, Inc., has conducted a variety of youth soccer tournaments in the Roanoke Valley for eight consecutive years attracting teams from Virginia and surrounding states; that the Parks and Recreation Department has worked closely with the Roanoke Valley Youth Soccer Club, Inc., in coordinating and scheduling the use of existing facilities in an effort to advance the quality of local youth soccer programs and to enhance economic benefits derived from the tournaments; and the following 1994 soccer tournament dates have been scheduled: Virginia Youth Soccer Association State Cup - May 7 and 8; 158 ACTION: Crestar Festival Soccer Tournament - May 28 and 29; Roanoke International Soccer Tournament - July 6 and 7; and First Virginia Bank Fall Classic - November 19 and 20. It was further advised that the City has been requested by the Roanoke Valley Youth Soccer Club, Inc., to permit the sale of soccer related merchandise during the four tournaments; that Section 24-5, Concessions, of the Code of the City of Roanoke (1979), as amended, provides that only Council may award concession privileges without public advertisement and receipt of sealed bids; and the contract concessionaire deals primarily with the sale of food and beverage items at events. The City Manager recommended that Council grant concession privileges to the Roanoke Valley Youth Soccer Club, Inc., to sell soccer related merchandise at the River's Edge Sports Complex on the abovereferenced dates; and that he be authorized to execute a limited concession agreement with Roanoke Valley Youth Soccer Club, Inc., in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#31969-050294) AN ORDINANCE awarding concession privileges at River's Edge Sports Complex, upon certain terms and conditions; authorizing the execution of a limited concession agreement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 66.) Mr. McCadden moved the adoption of Ordinance No. 31969-050294. The motion was seconded by Mr. Harvey and adopted by the following vote: 159 AYES: Council Members White, Harvey, McCadden and Mayor Bowers--- NAYS: None Bowles, Edwards, 6. (Council Member Musser was absent.) BUDGET-TRAFFIC-APPALACHIAN POWER COMPANY-COMPLAINTS- STATE HiGHWAYS-PLANNING-HOTEL ROANOKE CONFERENCE CENTER- VIRGINIA TECH-SIGNALS AND ALARMS-UTILITIES-STREETS AND ALLEYS: The City Manager submitted a written report advising that pursuant to Resolution No. 31622-080993 adopted on August 9, 1993, Council approved the location and major design features of the realignment of Wells Avenue from Williamson Road, N. E., to First Street, N. W.; and Appalachian Power Company (APCO) power lines along this segment of Wells Avenue will be relocated from overhead to underground, pursuant to Ordinance No. 22055, adopted February 3, 1975, which requires underground utility installation in the Gainsboro Neighborhood Development Project. It was further advised that a three-party utility agreement between the Virginia Department of Transportation (VDOT), Appalachian Power Company and the City of Roanoke has been prepared and requires prompt execution by the City to maintain the accelerated project schedule; that a fully-executed agreement will enable APCO to proceed with acquisition of all materials needed for the underground utility lines; that VDOT's policy for placing utility facilities underground requires that Council provide VDOT with a resolution requesting that the utilities be placed underground as a part of the project; that the resolution should also assure that future utility facilities shall not be permitted overhead along the project limits, and that the local governing body has the financial resources available to pay its share of the costs to place the facilities underground; and the City's share of costs is estimated in the three- party agreement at $73,600.00, which cost represents the City's 50 per cent share (VDOT pays the other 50 per cent) of non-betterment costs for the placement of APCO utilities underground in accordance with VDOT policy. The City Manager recommended that Council take the following actions: 160 ACTION: authorize the City Manager to execute, on behalf of the City, the three-party agreement with the Virginia Department of Transportation and Appalachian Power Company for the adjustment of electric utilities required in conjunction with the Wells Avenue roadway project; adopt a resolution requesting that VDOT have the utility relocations placed underground as a part of the Wells Avenue roadway project, indicating that Ordinance No. 22055, adopted on February 3, 1975, for underground utility installations in the Gainsboro Neighborhood Development Project is effective within the limits of the Wells Avenue roadway project, with the resolution to assure that future utility facilities required for any proposed improvement, including street lighting, shall not be permitted to be placed overhead within any section of the Wells Avenue project where the utility facility was placed underground; and further assuring that the City has the financial resources available to pay its $73,600.00 share of the costs to place facilities underground as defined in VDOT's policy; and appropriate $73,600.00 to Wells Avenue, Account No. 008-052-9547-9003. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#31970-050294) 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 67.) Mr. Edwards moved the adoption of Ordinance No. 31970-050294. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ............. 6. NAYS: None 0. (Council Member Musser was absent.) 161 ACTION: Mr. Edwards offered the following resolution: (#31971-050294) A RESOLUTION requesting the Virginia Department of Transportation to have utility lines relocated underground as a part of the widening and realignment of Wells Avenue, N. E., and authorizing execution of an agreement with the Virginia Department of Transportation and Appalachian Power Company relating to the underground relocation of utility lines in connection with the widening and realignment of Wells Avenue, N. E· (For full text of Resolution, see Resolution Book No. 56, page 68.) Mr. Edwards moved the adoption of Resolution No. 31971-050294. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ............. 6. NAYS: None ....................... (Council Member Musser was absent.) REPORTS OF COMMITTEES: CITY CODE-ROANOKE CIVIC CENTER-HOTEL ROANOKE CONFERENCE CENTER-LICENSES-ECONOMIC DEVELOPMENT: James W. Stephens, Vice-Chairperson of the Roanoke Civic Center Commission, presented a written report on behalf of the Commission, transmitting a staff report advising that current Civic Center scheduling policy was adopted on February 16, 1988, as Section IV of the Civic Center Marketing Plan; that revisions are needed in the scheduling policy to address current scheduling issues, challenges, hold sequences and appropriate deposits; that Section 24-26(b) of the Code of the City of Roanoke (1979), as amended, requires a deposit equal to one-half of the rent one year before the event or upon execution of an event contract; that both City Code Section 24- 26(b) and the current scheduling policy need amendments to provide for a different scheduling policy; and changes in the entertainment and convention market, primarily the imminent re-opening of Hotel Roanoke and the need to hold block dates for professional sporting events, create the need to make changes in the scheduling policy. The Roanoke Civic Center Commission recommended that Council authorize the following amendment to Section 24- 26(b) of the Code of the City of Roanoke (1979), as amended, and that the Civic Center Manager be authorized 162 ACTION: to make adjustments in scheduling as required to provide for proper utilization of Civic Center facilities in keeping with Civic Center scheduling policies in general: A cash deposit or certified check equal to one- half of the rent shall be deposited with the City six months in advance of the event or with the return of the contract, whichever is later. The balance of the rent shall be paid upon completion of the event unless otherwise agreed. In the case of a public ticket sale where monies from ticket sales on deposit in the Civic Center Box Office would equal or exceed the balance of the rent, this requirement may be waived by the Civic Center Manager. In negotiating contracts for use of the Civic Center, the Civic Center Manager may, with the written approval of the City Manager and for good cause appearing to the City Manager, reduce, waive or enlarge any of the requirements set forth in this subparagraph. (For full text, see reports on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#31972-050294) AN ORDINANCE amending and reordaining subsection (b) of Section 24-26, Rates for use and terms, of the Code of the City of Roanoke (1979), as amended, to provide that one-half of the rent for use of the Civic Center shall be deposited with the City six months in advance of the event, rather than one year in advance of the event, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 69.) Mr. McCadden moved the adoption of Ordinance No. 31972-050294. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Harvey, McCadden and Mayor Bowers Bowles, Edwards, 6. NAYS: None 0. (Council Member Musser was absent.) 163 ACTION: SEWERS AND STORM DRAINS-EASEMENTS-INDUSTRIES: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to the vacation of the existing sanitary sewer easement adjacent to the Grand Piano and Furniture Co., Inc., warehouse located in Statesman Industrial Park. A staff report advised that Grand Piano and Furniture Co., Inc., is proposing a 100,000 square foot expansion of its warehouse located in Statesman Industrial Park; and the City has an existing sanitary sewer easement on the property to be acquired by Grand Piano for expansion. It was further advised that Grand Piano has requested that the City's sanitary sewer be relocated to avoid conflict with the warehouse expansion; that proposed realignment of the sewer will tie into the existing sanitary sewer on the east side of the existing Grand Piano warehouse; that the existing sanitary sewer easement must be vacated by City Council; that the plan and profile of the new sanitary sewer alignment has been reviewed and approved by the City Engineering Department; and the City Planning Commission approved the project site plan on April 6, 1994. The Water Resources Committee recommended that Council authorize vacation of the existing sanitary sewer easement located adjacent to the Grand Piano and Furniture Co., Inc., warehouse, conditioned upon construction of the relocated sanitary sewer in accordance with City standards, dedication of a replacement sanitary sewer easement by the applicant and preparation of the necessary legal document(s) by the applicant, subject to approval of the City Attorney. (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: (#31973) AN ORDINANCE authorizing vacation and relocation of a portion of a sanitary sewer easement across property located in Statesman Industrial Park and identified by Roanoke City Tax No. 7180211, and acceptance and dedication of a new sanitary sewer 164 easement across adjacent property identified by Roanoke City Tax Nos. 7180210 and 7180203, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 54, page 71.) The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers 6. NAYS: None-- 0. (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: ZONING-TAXES: Mr. Edmund A. Damus, 1920 Deyerle Road, S. W., appeared before Council and requested that the income limit to qualify for the real estate tax freeze for elderly and disabled persons be increased and expressed appreciation to Council for its recent action increasing the limit from $22,000.00 to $24,000.00 per year. Mr. Damus advised that the City of Roanoke will not grow without people, but people will not be enough to create sufficient revenue, therefore, more business must be generated to create more tax revenue in order for the City to prosper. He added that the City cannot survive without an occasional increase in taxes. He advised that according to a recent newspaper article, the tax revenue to be generated by the Wal-Mart Store at Valley View will be in the range of $600,000.00, and inquired as to what will happen to small businesses in the area when Wal-Mart opens. He pointed out that it has been stated that Wal- Mart will hire approximately 600 people, with 450 to be permanent positions in the pay range of $5.00 - $10.00 an hour, but it is not known how many hours per week each employee will be permitted to work. 165 Ms. Sarah Crawford, 3534 Courtland Road, N. W., advised that she does not object to a Wal-Mart Store at Valley View Mall, but she was at a loss to understand why the City of Roanoke would allow Valley View Mall to be constructed without more road entrances and exits, and if Wal-Mart insists on building in the area, they should be required to construct more entrances and exits in order to correct past roadway mistakes. She stated that the Wal-Mart pay scale should be reviewed, and called attention to the $600,000.00 in projected revenue to the City, and inquired if the City has received a guarantee from Wal-Mart that $600,000.00 will, in fact, be generated. Ms. Ann W. Foster, 2322 Oakland Boulevard, N. W., advised that if 10th Street is extended to enable traffic to come through the surrounding neighborhoods, the value of property will be destroyed. She stated that airplanes flying in and out of the airport over buildings, churches, etc., represent a danger to passengers and citizens in the area. She advised that Wal-Mart has denied the fact that its building will be constructed in the airport flight plan, and inquired as to why Valley View Mall was permitted to be constructed at its present site because it, too, is located in the airport flight plan. She stated that the section of Williamson Road in question is a nice area and should not be destroyed by more truck traffic, and advised that the Roanoke Valley already has two Wal-Mart Stores and does not need another. Ms. Patricia C. Nutter, 2328 Oakland Boulevard, N. W., advised that Roanoke has an opportunity to have open farm land in a beautiful area of the City, but it appears that the City is pushing in for greed in order to place $600,000.00 in the City's coffers. She stated that the disagreement seems to be in the area of entrances and exits to enable Wal-Mart to build its own private concrete jungle. Dr. Paula C. Willis, 3835 Darlington Road, S. W., expressed concern about the future of Roanoke. She advised that her calculations revealed that the hidden cost of a development such as Wal-Mart is that the $600,000.00 tax revenue which is projected to come into the City's coffers actually turns out to be more than a quarter of a million dollars loss in terms of lost income from retail sales taxes, cost of City services, and loss of effective income from jobs that will cease to exist. She stated that she is hopeful that citizens of Roanoke will decide that it is time to organize a watchdog group and look out for their interests because it appears that 166 business is doing a good job of guarding its interest. She requested that the multi-party agreement includes representation by citizen groups, and urged that Council do everything within its power to maintain the beauty of the City of Roanoke and not allow Roanoke to become another Atlanta, Georgia. At 3:45 p.m., the Mayor declared the meeting in recess. At 4:05 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 Mr. Musser. ACTION: 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. White and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, and Mayor Bowers- 5. NAYS: None .................... 0. (Council Member Musser was absent.) (Council Member McCadden was out of the Council Chamber.) There being no further business, the Mayor declared the meeting adjourned at 4:07 p.m. ATTEST: Mary F. Parker City Clerk A P P R 0 V E D David A. Bowers Mayor 167 ACTION: ACTION: PERSONNEL COMMITTEE ROANOKE CITY COUNCIL May 5, 1994 8:25 a.m. A meeting of the City Council Personnel Committee was called to order on Thursday, May 5, 1994, at 8:25 a.m., in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Chairperson Bowers, presiding. PRESENT: Personnel Committee Members Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden, Howard E. Musser, William White, Sr., and Chairperson David A. Bowers ...... 7. ABSENT: None- _ ................ 0. OFFICERS PRESENT: Mary F. Parker, City Clerk COUNCIL-CITY EMPLOYEES: Mro Musser moved that the Personnel Committee meet in Executive Session to discuss a personnel matter, being performance evaluations of certain Council Appointed Officers, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Personnel Committee Members Bowles, Edwards, Harvey, McCadden, Musser, White and Chairperson Bowers -7. NAYS: ...... - ............ At 8:27 a.m., the Chairperson declared the meeting in recess. At 5:05 p.m., the meeting reconvened in the Council's Conference Room, with Chairperson Bowers presiding, and all Members of the Personnel Committee in attendance. COUNCIL-CITY EMPLOYEES: With respect to the Executive Session just concluded, Mr. Edwards moved that each Member of the Personnel Committee 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: Personnel Committee Members Bowles, Edwards, Harvey, McCadden, Musser, White and Chairperson Bowers ...... 7. NAYS. ' ............................. 168 There being no further business, the Chairperson declared the meeting adjourned at 5:07 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Chair 169 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL May 9, 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, May 9, 1994, at 7:30 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, William White, Sr., and Mayor David A. Bowers--- -7. ABSENT: None ...... ---- 0. 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. Gregory Broyles. The Pledge of Allegiance to the Flag of the United States of America was led by representatives of Eagle Scout Troop No. 2 from Raleigh Court Methodist Church and Eagle Scout Troop No. 17 from St. John's Episcopal Church. OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that on July 1, 1994, there will be three vacancies on the Roanoke City School Board, created by expiration of the terms of office of Marilyn L. Curtis, M. Wendy O'Neil and James M. Turner, Jr. He further advised that pursuant to Section 9-21, Public Interview of Candidates, of the Code of the City of Roanoke (1979), as amended, Council conducted interviews of the following persons on Thursday, April 21, 1994, at 4:30 p.m., in the City Council Chamber: James P. Beatty Marilyn L. Curtis Marsha W. Ellison M. Wendy O'Neil John H. Saunders Pursuant to Section 9-22, Elections, of the Code of the City of Roanoke (1979), as amended, which provides that on or before May 15 of each year, Council must hold 170 ACTION: ACTION: ACTION: ACTION: an election to fill certain upcoming vacancies on the Roanoke City School Board, the Mayor opened the floor for nominations for the three vacancies: Mrs. Bowles placed in nomination the name of Marsha W. Ellison. Mr. White placed in nomination the name of John H. Saunders. Mr. Harvey placed in nomination the name of Marilyn L. Curtis. Mr. Edwards placed in nomination the name of M. Wendy O'Neil. There being no further nominations, the following vote was recorded: FOR MS. ELLISON: Council Members Bowles, Harvey, McCadden, Musser and White .... 5. FOR MR. SAUNDERS: Council Members Bowles, Edwards, Harvey, Musser, White and Mayor Bowers 6. FOR MS. CURTIS: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers 7. FOR MS. O'NEIL: Council Member Edwards and Mayor Bowers 2. The Chair advised that Ms. Curtis received seven votes, Ms. Ellison received five votes, Ms. O'Neil received two votes and Mr. Saunders received six votes; therefore, he declared Ms. Curtis, Ms. Ellison and Mr. Saunders as Trustees of the Roanoke City School Board for three year terms commencing July 1, 1994, and ending June 30, 1997. BID OPENINGS BRIDGES-STREETS AND ALLEYS: Pursuant to notice of advertisement for bids for modifications and repairs to the Hollins Road/Norfolk Avenue Bridge, said bids to be received by the City Clerk until 4:30 p.m., on Monday, May 9, 1994, and to be held, opened and read before the Council at 7:30 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: 171 ACTION: ACTION: BIDDER TOTAL AMOUNT Lanford Brothers Co., Inc. Allegheny Construction Co, Inc. H. & S. Construction Co. $370,668.00 387,706.00 464,979.25 (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 Charles M. Huffine as members of the committee. 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, May 9, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Lee Harold Robertson, Sr., and Brenda Lea Robertson Simmons that property located at 673-675 Brandon Avenue, S. W., identified as Official Tax No. 1270807, be rezoned from LM, Light Manufacturing 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, April 22, 1994, and Friday, April 29, 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 an existing florist shop into a conforming zoning district classification and to provide for establishment of a video rental store or other appropriate activity, was before Council. The Planning Commission recommended that Council approve the request for rezoning, advising that it is a logical extension of the adjoining commercial district located to the south of the property and given the original and current use of the property, coupled with physical constraints of the site (size, shape and location of lot), the property is more suitable for 172 ACTION: commercial development than for light industrial purposes. It was reported that City Planning Department staff recommends that the Brandon Avenue corridor be studied further for possible rezoning to reflect current land use patterns. (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: (#31974) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 54, page 104.) The motion was seconded by Mr. White. Claude D. Carter, Attorney, appeared before Council in support of the request of his clients. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 31974 was adopted, on its first reading, by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers- --7. NAYS: None 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, May 9, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Richard A. Newcomb that all of a certain alley extending between 27th Street and 30th Street, N. W., Block 21, bound on the north by Shenandoah Avenue, N. W., and on the south by Johnson Avenue, N. W., being 10 feet in width and 880 feet in length, 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, April 22, 1994, and Friday, April 29, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the portion of alley right-of-way abutting Lots 15 - 18 and Lots 31 - 34 is currently fenced and is being used by the applicant for private access, loading and parking purposes; that the applicant recently purchased Lots 31 - 34 from the City of Roanoke Redevelopment and Housing Authority; that the need to close the entire length of the alley was discussed at that time, and as a result, the Housing Authority agreed to pay the cost of having a required subdivision plat prepared and recorded in order to effect total closure of the alley, was before Council. The Planning Commission recommended that Council approve the request to close and permanently vacate the alley, subject to the following conditions: A. The applicant shall submit to the City, for review and approval, and record in the Office of the Roanoke City Circuit Court, a subdivision plat, providing for the following: disposition of the land within the right-of-way to be vacated, in a manner consistent with requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended; and retention of appropriate easements, together with the right of public passage over same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the alley right-of-way. B. If a plat of subdivision is not approved by the City and recorded by the applicant within a period of 12 months from the date of adoption of the ordinance providing for the 174 ACTION: closure of the subject right-of-way, said ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#31975) 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. 54, page 106.) The motion was seconded by Mr. Edwards. William W. Terry, III, Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to address Council with regard to the request for alley closure. There being none, Ordinance No. 31975 was adopted, on its first reading, by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers -7. NAYS: None ............... 0. ELECTIONS-SCHOOLS: Council having authorized the City Clerk to advertise a public hearing for Monday, May 9, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, to consider the temporary relocation of the polling place for Raleigh Court No. 5 Precinct, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Sunday, April 24, 1994, and Sunday, May 1, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Roanoke City Electoral Board advising that due to the renovation of Wasena Elementary School during the 1994-95 school year, it will be necessary to temporarily move the Raleigh Court No. 5 175 ACTION: Precinct from Wasena Elementary School to Roanoke Elks Lodge No. 197, 1147 Persinger Road, S. W., for the November 8, 1994, election, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#31976-050994) AN ORDINANCE temporarily changing the polling place for Raleigh Court No. 5 Precinct from Wasena Elementary School to Roanoke Elks Lodge No. 197, 1147 Persinger Road, S. W.; providing for an emergency and an expiration date for this ordinance. (For full text of Ordinance, see Ordinance Book No. 56, page 71.) Mr. McCadden moved the adoption of Ordinance No. 31976-050994. The motion was seconded by Mr. Harvey. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 31976-050994 was adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ............. BUDGET-GRANTS-PLANNING-HOUSING/AUTHORITY-ECONOMIC DEVELOPMENT: Council having authorized the City Clerk to advertise a public hearing for Monday, May 9, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, with regard to the proposed fiscal year 1994-95 budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds, the matter was before the body. Advertisement of the public hearing was published in the Neighbors edition of the Roanoke Times & World-News on Thursday, April 28, 1994, and in the Roanoke Tribune on Thursday, April 28, 1994. (See publisher's affidavits on file in the City Clerk's Office.) 176 ACTION: A report of the City Manager advising that Council was briefed on May 2, 1994, on the recommended CDBG program, including $2,276,000.00 in new funds from the U. S. Department of Housing and Urban Development; that citizen input was received on February 1, 1994, April 21, 1994, and May 9, 1994; and recommending that he be authorized to submit the fiscal year 1994-95 Community Development Block Grant Statement of Objectives to HUD for review and approval, with available funding from the following sources: 1994-95 CDBG Entitlement Estimated Program Income Funds Transferred Estimated Funds remaining 6-30-94 Non-CDBG matching funds $ 2,276,000.00 603,100.00 64,767.00 617,084.00 3~002~439.00 Total Budget $ 6,563,390.00 The City Manager pointed out that upon receipt of program and budget approval from HUD, a report detailing necessary budget appropriations by program and line item, as well as contracts necessary to carry out the fiscal year 1994-95 program, will be presented to Council for adoption. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#31977-050994) A RESOLUTION approving the proposed Fiscal Year 1994-95 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds; authorizing the City Manager or Assistant City Manager to execute and submit the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD); and authorizing the City Manager or Assistant City Manager to execute the requisite Grant Agreement with HUD. (For full text of Resolution, see Resolution Book No. 56, page 73.) Mr. White moved the adoption of Resolution No. 31977-050994. The motion was seconded by Mr. Musser. The Mayor inquired if there were persons present who would like to address Council in connection with the matter; whereupon, Dr. Cheri W. Hartman, 2423 Stanley 177 Avenue, S. E., appeared before Council on behalf of the Teen Outreach Program and expressed appreciation to the City Manager and the Office on Grants Compliance for recommending $5,000.00 in CDBG funds to enable the Teen Outreach Program to touch the lives of 60 of Roanoke's most at-risk teenagers at Patrick Henry High School and the Alternative Education Program, said funds to be used connection with in the Teen Pregnancy Prevention Program and the Dropout Prevention Program. Ms. Regina L. Ciotti, 418 Arbutus Avenue, S. E., who recently completed the Teen Outreach Program and completed an additional 200 volunteer hours on her own initiative at Lewis Gale Hospital, appeared before Council and expressed appreciation to the City Manager for recommending continued funding of the Teen Outreach Program, and requested that Council approve the City Manager's recommendation. She advised that the program provided her with pride and hope for the future, and will help other teenagers make wise decisions with regard to their future. No other persons wishing to address Council, Resolution No. 31977-050994 was adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Musser, White and Mayor Bowers- NAYS: None ................... Harvey, --7. 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. 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.) 178 ACTION: ACTION: 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 authorities, 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: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers -7. NAYS: None 0. COUNCIL: A communication from Mayor David A. Bowers with regard to certain changes in the schedule for City Council meetings, was before the body. The Mayor advised that during the past several years, Council Members have expressed a desire for possible changes in the schedule for City Council meetings, inasmuch as some of the meetings are lengthy and other meetings are completed within 90 minutes; that following discussion with Council Members and administrators, it was deemed that longer meeting times are needed, but meetings be held less frequently; whereupon, the Mayor proposed that Council meet on the second and fourth Mondays only of each month beginning at 10:00 a.m., and that meetings be recessed for lunch if it is necessary for Council to continue is meeting into the afternoon. He further proposed that committee meetings be scheduled either prior to the 10:00 a.m. meeting or after Council meeting adjournment; and, in addition, it will be necessary to hold public hearings each month, which could be on the second Monday of each month beginning at 7:00 p.m., and the public hearing agenda would include only those items which are necessarily scheduled for public hearing or other items specifically referred to the public hearing meeting by Council Members. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the Mayor's suggestions be referred to the City Manager and the City Attorney for study, report and recommendation and/or preparation of the proper measure. The motion was seconded by Mr. Edwards and adopted by the following vote: 181 CHURCH AVENUE PARKING GARAGE-DOMINION TOWER-CENTURY STATION PARKING GARAGE-TOWER PARKING GARAGE-WILLIAMSON ROAD PARKING GARAGE-MARKET SQUARE PARKING GARAGE: The City Manager submitted a written report advising that Council annually has established parking fees for the following parking facilities: Century Station Parking Garage Church Avenue Parking Garage Market Square Parking Garage Tower Parking Garage Williamson Road Parking Garage Williamson Road Parking Lot Viaduct Parking Lot It was further advised that parking facility fees for the abovereferenced facilities for the fiscal year beginning July 1, 1994, needs to be established by Council whereupon, the City Manager recommended that Council approve the following revised parking fees and authorize the City Manager, or his designee, to modify or waive the fees for City sponsored events or other special events: Century Station Parkinq Garage Present Monthly (unreserved) .................... $55.00 Monthly (reserved-contractual obligation) ..................... 60.50 Monthly (reserved) ....................... 65.00 Monthly (unreserved on roof) ............ 55.00 Monthly (reserved on roof) ............... 65.00 Proposed $57.50 63.25 67.50 52.50 57.50 Short-term (Saturday only): First two hours .......................... Free Free Thereafter: .75 One hour ................................. 1.50 Two hours ................................ Three hours .............................. 2.25 Four hours ............................... 3.25 Five hours and longer .................... 4.25 Enter between 5 p.m. and 9:00 p.m ........ 1.50 .75 1.50 2.25 4.25 5.25 1.50 Church Avenue Parkinq Garage Monthly (unreserved) ................... $45.00 Monthly (unreserved on roof) ........... 45.00 $47.50 42.50 182 Short-Term: Each 1/2 hour ($3.20 maximum) ........... Enter after 5:00 p.m., Monday-Friday .... Saturday and Sunday ..................... Market Square Parking Garaqe Monthly Monthly Monthly Monthly (unreserved) ................... $ (reserved, health and/or security concerns) ............. (unreserved on roof) ........... (reserved on roof) .............. Short-Term: One hour ................................ Two hours ............................... Three hours ............................. Four hours .............................. Five hours and longer ................... Enter between 5:00 p.m. and 9:00 p.m., Monday-Saturday .................... Enter after 9:00 p.m., Monday-Saturday.. Sunday .................................. Tower Parkinq Garaqe Monthly Monthly Monthly Monthly (unreserved) ................... $ (reserved, contractual obligation) .................... (unreserved on roof) ........... (reserved on roof) .............. Short-Term: One hour ................................ Two hours ............................... Three hours ............................. Four hours .............................. Five hours and longer ................... Enter between 5:00 p.m. and 9:00 p.m., Monday-Saturday .................... Enter after 9:00 p.m., Monday-Saturday.. Sunday .................................. .80 Free Free 55.00 65.00 55.00 65.00 .75 1.50 2.25 3.25 4.25 1.50 Free Free 55.00 60.50 55.00 60.50 .75 1.50 2.25 3.25 4.25 1.50 Free Free .80 Free Free $57.50 67.50 55.00 57.50 .75 1.50 2.25 3.25 4.25 1.50 Free Free $57.50 63.25 52.50 57.50 .75 1.50 2.25 3.25 4.25 1.50 Free Free 183 ACTION: ACTION: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers 7. NAYS: None .................. e OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of William E. Skeen as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Jan P. Wilkins, resigned, ending November 9, 1994, 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, White and Mayor Bowers ................. 7. NAYS: None- Oe OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: A report of qualification of Douglas C. Dowe as a member of the Advisory Board of Human Development, for a term ending November 30, 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. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ...... 7. NAYS: None--- REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ANNUAL REPORTS-PLANNING: Charles A. Price, Jr., Chair, City Planning Commission, appeared before Council and presented the 1993 Annual Report of the City Planning Commission. He reviewed the following recommendations: 184 Additional staff persons are needed in the City's Department of Planning and Community Development to assist the Planning Commission to undertake long-range planning activities and to adequately enforce the City's land development regulations. The Planning Commission is to continue to serve as a sounding board for City Council on both short-term and long-range development issues. Communication between the Planning Commission and City Council and the City Administration could be enhanced by the scheduling of a joint meeting. The role of the Planning Commission in the City's planning process is to coordinate the City's ongoing comprehensive planning efforts. The Planning Commission, through its subcommittee structure, needs to continue to be involved in City-sponsored planning efforts. The Planning Commission is to serve 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 is to continue to assume primary responsibility for developing the plans and ordinances necessary to guide future growth. Without objection by Council, the Mayor advised that the Annual Report would be received and filed. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 185 Williamson Road Parkinq Garage Monthly (unreserved) ................... $ 45.00 Monthly (unreserved on roof) ........... 45.00 Monthly (unreserved on side lot) ....... 45.00 $47.50 42.50 45.00 Williamson Road Parkinq Lot Monthly (unreserved) ................... $ 40.00 $45.00 Viaduct Parkinq Lot Monthly (unreserved) .................. Monthly (reserved) ..................... $ 35.00 $45.00 55.00 N/A Short-Term: Each 1/2 hour .......................... Enter after 5:00 p.m ................... ACTION: .50 .50 1.00 1.00 (For full text, see report on file in the City Clerk's Office.) the following emergency Mrs. Bowles offered ordinance: (#31978-050994) AN ORDINANCE providing for adjustment of the fees charged at Century Station Parking Garage, Church Avenue Parking Garage, Market Square Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamson Road Parking Lot and Viaduct Parking Lot; and providing for an emergency (For full text of Ordinance, see Ordinance Book No. 56, page 74.) Mrs. Bowles moved the adoption of Ordinance No. 31978-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers --7. NAYS: None ........................ 0. BUDGET-HUMAN DEVELOPMENT-CMERP-EQUIPMENT-PROCUREMENT CODE: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified certain operational needs for various City departments; that in September 1993, Council appropriated funds to purchase an automated 186 ACTION: system for the Social Services Department which was 100 per cent reimbursable by the State, to meet the mandate of conversion to a Social Services online system; that identified work stations designed for office cubical concept are needed to house personal computers and relative items, with funds to be reimbursed 80 per cent by the State; that single purchases, which will cost less than $15,000.00 per item, will be procured through the competitive bid process in accordance with the City's Procurement Code; and appropriation of funds by Council is necessary to provide for purchase of the required equipment. The City Manager recommended that Council appropriate $30,947.00 from Capital Maintenance and Equipment Replacement Program to Social Services, Account No. 001-054-5311-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (#31979-050994) 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 77.) Mr. Musser moved the adoption of Ordinance No. 31979-050994. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers -7. NAYS: None .............. BUDGET-PARKS AND RECREATION-PUBLIC WORKS-RIVER PARKWAY/EXPLORE PARK-SCIENCEMUSEUMOF WESTERN VA-CENTER IN THE SQUARE: The City Manager submitted a written report advising that Explore Park has received a two- year, $800,000.00 appropriation from the Virginia General Assembly, requiring unrestricted match funds, and that for every one dollar raised by Explore, the State will provide a matching dollar; that the Science Museum of Western Virginia has received $625,000.00 in State funding for renovation of the fourth floor galleries and 187 ACTION: the Hopkins Planetarium, which funding also requires a dollar for dollar match; and the City of Roanoke has been requested to provide match funding for both the Explore Park and the Science Museum of Western Virginia, and both agencies have requested funding from other localities. The City Manager recommended that Council provide matching grants, in the amount of $25,000.00 each, to Explore Park and to the Science Museum of Western Virginia, and transfer $50,000.00 from the following accounts to an account to be established by the Director of Finance: Account No. 001-002-9410-2199 Account No. 001-052-4340-1002 $25,000.00 25~000.00 $50,000.00 (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#31980-050994) 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 78.) Mrs. Bowles moved the adoption of Ordinance No. 31980-050994. The motion was seconded by Mr. Edwards. Mr. McCadden advised that it was his understanding that appropriations for Explore Park and the Science Museum of Western Virginia were to be prepared as two separate budget ordinances to be voted upon individually be Council; whereupon, the City Manager stated that if Council would prefer to appropriate the funds via two ordinances, he would be pleased to provide the documents. Ordinance No. 31980-050994 was adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, Musser, White and Mayor Bowers .......... -6. NAYS: Council Member McCadden ............. 188 The Mayor presented a symbolic check to Dr. M. Rupert Cutler, Executive Director of Explore Park; whereupon, Dr. Cutler expressed appreciation to the City of Roanoke and advised that with receipt of the City's contribution, the Explore Park project will become a true Roanoke County/Roanoke City partnership. BUDGET-CITY CODE-CITY EMPLOYEES-PENSIONS: The City Manager and the Director of Finance submitted a joint written report advising that on July 1, 1992, certain members of the City of Roanoke Pension Plan received a three per cent permanent cost-of-living adjustment; that effective July 1, 1993, a one-time lump sum payment was provided to eligible retirees; and over the past 11 years, the abovedescribed pension adjustments have been recommended on four different occasions. It was further advised that after a great deal of study and consideration, it is recommended that effective July 1, 1994, and payable on July 29, 1994, a three per cent permanent increase shall be made to a member's or surviving spouse's annual retirement allowance, not including any incentive payments made under the Voluntary Retirement Incentive Program established pursuant to Ordinance No. 30473-041591, adopted April 15, 1991, for those members who retired on or before July 1, 1993, and for those members who meet the following criteria: any member retired under normal service with at least ten years of creditable service; or any member retired on non-occupational disability with at least ten years of creditable service or any member retired on occupational disability, regardless of service; or any member retired under early service retirement, vested service retirement; or any surviving spouse of a member who was entitled to a benefit, provided that the deceased member would have qualified under the above requirements; or any member retired under Chapter 22.1, Police and Fire Pensions, of the Code of the City of Roanoke (1979), as amended, prior to January 1, 1946, or the surviving spouse of any such member. 189 ACTION: It was further recommended that a one-time lump sum payment of $350,000.00 be reserved for the Pension Plan from the 1994 year-end fund balance prior to determination of the Capital Maintenance and Equipment Replacement Program in order to partially address funding the permanent COLA for eligible members beginning July 1, 1994; and for the fiscal year beginning July 1, 1995, it was recommended that a three per cent lump sum payment be made on or before July 31, 1995, to certain members of the City of Roanoke Pension Plan who meet the same abovedescribed criteria, with the three per cent lump sum payment being based on the new monthly benefit effective July 1, 1995, not including any incentive payments made under the Voluntary Retirement Incentive Program established pursuant to Ordinance No. 30473-041591, adopted April 15, 1991 which increase will cost approximately $195,000.00 and will be funded from any year-end balance at the end of fiscal year 1995 before any Capital Maintenance and Equipment Replacement Program funds are designated. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#31981-050994) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 79.) Mr. White moved the adoption of Ordinance No. 31981- 050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, McCadden, Musser, White and Mayor Bowers Edwards, Harvey, 7. NAYS: None ........... REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: MISCELLANEOUS-CITY CODE-BINGO/RAFFLES-LEGISLATION: The Director of Finance submitted a written report advising that during the 1994 Session of the General Assemble, Section 18.2-340.3 of the Code of Virginia was amended to require localities to adopt an ordinance 190 requiring that as a condition of issuing a permit, a pre- determined percentage of gross receipts from bingo games or raffles must be used for charitable purposes; that considerable attention has been given to the dollars actually spent for charitable purposes as compared to the total amount of dollars generated from bingo operations, and in 1993, localities were authorized at their option to set a percentage. It was explained that 100 per cent of net proceeds (profit) must be spent on lawful religious, charitable, community or educational purposes, and it is important to remember that net proceeds (profits) is the amount left over from gross receipts and expenses after prizes have been deducted; and as of July 1, 1994, each locality will be required to establish a pre-determined percentage of gross receipts (not profit) that shall be spent for charitable purposes as a condition of issuance of a permit. It was noted that of the five organizations required to file a financial report from bingo operations for the year ended September 30, 1993, the percentage of gross receipts spent for charitable purposes ranged from 1.5 per cent to 8.8 per cent, with an average of four per cent; that for the year ended September 30, 1992, the percentage of gross receipts spent for charitable purposes for the same organizations ranged from .02 per cent to 18.2 per cent, with an average of 5.2 per cent; and numerous other localities in the Commonwealth of Virginia have adopted ordinances requiring that percentages of gross receipts ranging from 5.0 per cent to 12.5 per cent be spent for charitable purposes. The Director of Finance explained that on two occasions, meetings have been held with bingo permit- holding organizations to discuss their concerns with regard to establishing a percentage that must be spent; whereupon, he recommended that in accordance with Section 18.2-340.3(5), Code of Virginia (1950), as amended, which sets the fiscal reporting year for bingo and raffle operations as October 1 through September 30, that effective October 1, 1994, as a condition to receiving a permit, that an organization shall spend no less than four per cent of gross receipts from bingo or raffle operations for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and for those expenses relating to the acquisition, construction, maintenance or repair of any interest in 189 ACTION: certain real property and no less than eight percent of gross receipts averaged for three consecutive fiscal years; and any organization not meeting the percentage would not be issued a permit. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency ordinance: (#31982-050994) AN ORDINANCE amending and reordaining S21-68, Requirement of issuance of permit~ where valid; duration; permits subject to requlations, o£ Article II, Gamblinq, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, by the addition of new subsection (e), such new subsection requiring organizations operating bingo games and raffles to spend at least four percent (4%) of gross receipts annually for lawful religious, charitable, community or educational purposes, and requiring that no less than eight percent (8%) of gross receipts averaged for three consecutive years be used for such purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 81.) Mr. Musser moved the adoption of Ordinance No. 31982-050994. The motion was seconded by Mrs. Bowles. Mr. Joseph K. Ingram, 2222 Sewell Lane, S. W., representing the Voice of the Blue Ridge, appeared before Council and suggested that the percentage should be lower than the four per cent recommended by the Director of Finance. He advised that according to State law, a minimum must be specified to be used for religious, charitable, community or educational purposes, but Code provisions do not specify that the percentage must be in the top of the range. He explained that the Voice of the Blue Ridge has operated bingo on a profit making basis for approximately two years, its accounting procedures have been supervised by the City's Billings and Collections Department, and its expenditures have been in keeping with requirements of the City's bingo and raffle ordinance. He asked that Council not measure the matter on the basis of a morality issue but instead on the issue of practicality. 190 Mr. John H. Keyser, 3007 Hickory Woods Drive, N. E., representing the Veterans of Foreign Wars, objected to the amount of the percentage proposed by the Director of Finance to be spent for charity over the period of one year. He advised that the Director of Finance has reported to Council that $4.00 out of every $100.00 is a small amount of money to spend for charity, but what he failed to point out is that $95.00 of every $100.00 is paid out in prizes and other expenses which leaves approximately five per cent, and of that five per cent, bingo operators must now limit themselves to spend four per cent for charitable purposes. He explained that the Veterans of Foreign Wars would like to purchase a new building, however, under the proposed scenario, it will be impossible for the organization to accumulate enough money for a new building fund. He requested that Council give further consideration to the four per cent which is recommended by the Director of Finance and reduce the figure to two - three per cent. Ordinance No. 31982-050994 was adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, Musser, White and Mayor Bowers ............. 6. NAYS: Council Member McCadden ----1. The Mayor requested that the Director of Finance provide information as to bingo/raffle regulations imposed by other Roanoke Valley jurisdictions. A communication from Ms. Brenda L. Duncan expressing concerns with regard to bingo, was before Council. (For full text, see communication on file in the City Clerk's Office.) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEWERS AND STORM DRAINS-EASEMENTS-PLANNING- INDUSTRIES-WATER RESOURCES-SPECIAL PERMITS: Ordinance No. 31973 authorizing vacation of a portion of an existing 15-foot wide sanitary sewer easement across property located in Statesman Industrial Park, adjacent to Grand Piano and Furniture Co., Inc.'s warehouse, identified by Roanoke City Tax No. 7180211, and acceptance and dedication of a new 15-foot sanitary sewer easement across adjacent property identified by Roanoke City Tax Nos. 7180210 and 7180203, upon certain terms and conditions, as more particularly set forth in a report of 191 ACTION: ACTION: the Water Resources Committee under date of April 25, 1994, having previously been before the Council for its first reading on Monday, May 2, 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: (#31973-050994) AN ORDINANCE authorizing the vacation and relocation of a portion of a sanitary sewer easement across property located in Statesman Industrial Park and identified by Roanoke City Tax No. 7180211, and the acceptance and dedication of a new sanitary sewer easement across adjacent property identified by Roanoke City Tax Nos. 7180210 and 7180203, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 54, page 71.) Mr. Harvey moved the adoption of Ordinance No. 31973-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers .... 7. NAYS: None-- (For full text, see certificate on file in the City Clerk's Office.) Mr. Musser moved that the certificate be received and filed. The motion was seconded by Mr. McCadden and unanimously adopted. BUDGET-SEWERS AND STORM DRAINS-CITY NURSING HOME- GENERAL SERVICES-ROANOKE CIVIC CENTER-UTILITY LINE SERVICES-MANAGEMENT AND BUDGET-CITY INFORMATION SYSTEMS- TRANSPORTATION FUND-FLEET MAINTENANCE FUND-SCHOOLS-WATER RESOURCES: A certificate of the Director of Finance advising that funds required for the 1994-95 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, Nursing Home Fund, City Information Systems Fund, Materials Control Fund, Management Services Fund, Utility Line Services Fund, Fleet Management Fund, and School Fund budgets will be available for appropriation, was before Council. 192 ACTION: ACTION: BUDGET: Mr. White offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $136,811,536.00: (#31983-050994) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 83.) Mr. White moved the adoption of Ordinance No. 31983- 050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers 7. NAYS: None BUDGET-WATER RESOURCES: Mrs. Bowles offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $8,279,728.00: (#31984-050994) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 87.) Mrs. Bowles moved the adoption of Ordinance No. 31984-050994. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers--- 7. NAYS: None BUDGET-SEWERS AND STORM DRAINS: Mr. Harvey offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $7,993,627.00: 193 ACTION: ACTION: (#31985-050994) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 88.) Mr. Harvey moved the adoption of Ordinance No. 31985-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ................ 7. NAYS: None-- -0. BUDGET-ROANOKE CIVIC CENTER: Mr. McCadden offered the following emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $2,345,596.00: (#31986-050994) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 89.) Mr. McCadden moved the adoption of Ordinance No. 31986-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ....... 7. NAYS: None ......... BUDGET-TRANSPORTATION FUND: Mrs. Bowles offered the following emergency ordinance adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $2,229,687.00: 194 ACTION: ACTION: (#31987-050994) AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 91.) Mrs. Bowles moved the adoption of Ordinance No. 31987-050994. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ...... 7. NAYS: None- BUDGET-CITY NURSING HOME: Mr. McCadden offered the following emergency ordinance adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $1,667,134.00: (#31988-050994) AN ORDINANCE adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 92.) Mr. McCadden moved the adoption of Ordinance No. 31988-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers- 7. NAYS: None 0. BUDGET-CITY INFORMATION SYSTEMS: Mrs. Bowles offered the following emergency ordinance adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $2,219,851.00: 195 ACTION: ACTION: (#31989-050994) AN ORDINANCE adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 93.) Mrs. Bowles moved the adoption of Ordinance No. 31989-050994. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ---7. NAYS: None .............. 0. BUDGET-GENERAL SERVICES: Mr. White offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $147,527.00: (#31990-050994) AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 94.) Mr. White moved the adoption of Ordinance No. 31990- 050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers- 7. NAYS: None ................... 0. BUDGET-MANAGEMENT SERVICES FUND: Mr. Edwards offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $461,301.00: 196 ACTION: ACTION: (#31991-050994) AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 96.) Mr. Edwards moved the adoption of Ordinance No. 31991-050994. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers- -7. NAYS: None BUDGET-UTILITY LINE SERVICES: Mr. Harvey offered the following emergency ordinance adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $2,963,016.00: (#31992-050994) AN ORDINANCE adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 97.) Mr. Harvey moved the adoption of Ordinance No. 31992-050994. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers- 7. NAYS: None ....... BUDGET-FLEETMAINTENANCE FUND: Mrs. Bowles offered the following emergency ordinance adopting the annual Fleet Maintenance Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $3,791,564.00: 197 ACTION: ACTION: (#31993-050994) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 98.) Mrs. Bowles moved the adoption of Ordinance No. 31993-050994. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ....... 7. NAYS: None--- - ............ BUDGET-SCHOOLS: Mr. Edwards offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $73,638,674.00: (#31994-050994) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 99.) Mr. Edwards moved the adoption of Ordinance No. 31994-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers-- -7. NAYS: None ....... 0. BUDGET-PAY PLAN-CITY EMPLOYEES: Mr. Musser offered the following emergency ordinance adopting and establishing a Pay Plan for officers and employees of the City, effective July 1, 1994, providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; and repealing Ordinance No. 31461-051093, adopted May 10, 1993, to the extent of any inconsistency: 198 ACTION: ACTION: (#31995-050994) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City, effective July 1, 1994, providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use OF private motor vehicles; repealing Ordinance No. 31461-051093, adopted May 10, 1993, to the extent of any inconsistency; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 56, page 101.) Mr. Musser moved the adoption of Ordinance No. 31995-050994. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers- -7. NAYS: None BUDGET-DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY- CITY MANAGER-REAL ESTATE VALUATION-CITY EMPLOYEES- MUNICIPAL AUDITOR: Mr. Harvey offered the following emergency ordinance establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 1994: (#31996-050994) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 1994; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 56, page 104.) Mr. Harvey moved the adoption of Ordinance No. 31996-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers 7. NAYS: None-- MOTIONS AND MISCELLANEOUS BUSINESS: None. 199 ACTION: ACTION: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: ROANOKE CIVIC CENTER-HOCKEY: Mr. Joe Steffey, representing owners of the Roanoke Express Hockey Team, appeared before Council and expressed appreciation for the City's efforts in helping to develop a successful hockey franchise in Roanoke. He explained that there are approximately 45 weekend dates for playing hockey at the Roanoke Civic Center and out of those 45 dates, the Roanoke Express has been given 20 as potential playing dates which is less than one-half of those that would otherwise be available, the reason being that certain events have been scheduled year after year which preceded the existence of hockey. He advised that under the current proposed schedule, there will be no available weekend dates during the last five weeks of the hockey season, and pointed out that the Roanoke Express is under a mandate from the East Cost Hockey League to submit a minimum of 55 playing dates to enable scheduling of the team within the League. He added that there are solutions to the problem; that the Roanoke Express has reached somewhat of an impasse with the Roanoke Civic Center Commission; and requested that Council instruct the Civic Center Commission to attempt to accommodate a tenant that provides 160,000 fans per year, a tenant that has made and will continue to make improvements in Civic Center property, and a tenant that has brought tremendous pride to the City of Roanoke. Following discussion, Mr. McCadden moved that the matter be referred to the City Manager for appropriate response. The motion was seconded by Mr. Musser and adopted. At 9:05 p.m., the Mayor declared the meeting in recess. At 9:40 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. 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 2O0 Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ---7. NAYS: None--- OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the three year terms of S. Elaina Duckett and Marjorie S. Smithey as members of the Youth Services Citizen Board will expire on May 31, 1994, and called for nominations to fill the vacancies. Mr. Edwards placed in nomination the names of S. Elaina Duckett and Marjorie S. Smithey. There being no further nominations, Ms. Duckett and Ms. Smithey was reelected as members of the Youth Services Citizen Board, for terms of three years, each, ending May 31, 1997, by the following vote: ACTION: FOR MS. DUCKETT AND MS. SMITHEY: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers .................. 7. There being no further business, the Mayor declared the meeting adjourned at 9:45 p.m. APPROVED ATTEST: ~~ Mary F. Parker David A. Bowers City Clerk Mayor 201 REGULAR WEEKLY SESSION ........ ROANOKE CITY COUNCIL May 16, 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, May 16, 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: McCadden, Howard David A. Bowers-- Council Members John S. Edwards, Delvis O. E. Musser, Elizabeth T. Bowles and Mayor ABSENT: Council Members James G. Harvey, II, and William White, Sr. - .............. 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 Daniel E. Scott, Pastor, Virginia Heights Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. YOUTH: The Mayor recognized and welcomed students from William Fleming High School, Patrick Henry High School, the CITY School and the Governor's School who were participating in 1994 Student Government Day. He explained that the students were assigned to work with various City officials throughout the day in an effort to observe City government activities. The Mayor presented each student with a City "Executive Glass" as a memento of the occasion; and also presented three members of the Youth Advisory Board who were graduating seniors with a City of Roanoke "mini clipper". ZONING-PARKS AND RECREATION-CELEBRATIONS-PUBLIC WORKS-CITY EMPLOYEES-TOWER PARKING GARAGE-SPECIAL EVENTS- ACTS OF ACKNOWLEDGEMENT: The Mayor advised that he was pleased to declare May 15 - 21, 1994, as National Public Works Week in the City of Roanoke, and called upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works and 2O2 to recognize the contributions that public works officials make every day to the health, safety and comfort of the citizens of the City of Roanoke. (See proclamation on file in the City Clerk's Office.) The following employees were recognized as Employees of the Quarter in the Public Works Directorate: David H. Jennings Mark E. Childress Martha P. Franklin Arthur N. McCoy Stacy D. White George J. Trail, Sr. James V. Hoback John L. Mottley Jeffrey $. $hawver M. Lewis Blankenship Larry K. Hogan Parks & Grounds Maintenance Building Maintenance Planning & Community Development Solid Waste Management Fleet Management Streets & Traffic - Streets Division Fleet Management Solid Waste Management Building Inspections Building Maintenance Streets & Traffic - Streets Division The Mayor advised that it was with pleasure that he introduced the 1993-94 Employee Of The Year in the Public Works Directorate, David H. Jennings. He pointed out that Mr. Jennings is a Crew Leader in the Recreation/ Grounds Maintenance Department and has been employed by the City on a permanent basis since August 1, 1978, and he is assigned to the Central Business District which includes the Market and First Union Tower Building area. He advised that Mr. Jennings is a conscientious employee, and most recently initiated an informal program with farmers and merchants in the Market and First Union Tower Building area whereby special needs are met for events and holidays that take place in the area; that Mr. Jennings has not used any sick leave since August 1989 and is commended for his attendance; and Mr. Jennings is considered to be an asset to his department, merchants, visitors and customers of the Central Business District. Mr. McCadden offered the following resolution: (#31997-051694) A RESOLUTION recognizing David H. Jennings, as Employee Of The Year in the Public Works directorate. (For full text of Resolution, see Resolution Book No. 56, page 108.) 203 ACTION: ACTION: Mr. McCadden moved the adoption of Resolution No. 31997-051694. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers 5. NAYS: None- (Council Members Harvey and White were absent.) The Mayor presented Mr. Jennings with a ceremonial copy of Resolution No. 31997-061694; a plaque designating him as 1994 Employee of the Year in the Public Works Directorate, and a $100.00 U.S. Savings Bond. 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. 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 authorities, 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: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................... 5. NAYS: None (Council Members Harvey and White were absent.) 2O4 ELECTIONS-COUNCIL-CITY GOVERNMENT: A communication from Alton B. Prillaman, Secretary, Roanoke City Electoral Board, transmitting an Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, May 3, 1994, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 3, 1994, General Election, for Member, City Council (4 year term) Total Votes Received Names of Candidates (In Figures) Barbara Norris Duerk John H. "Jack" Parrott John S. Edwards C. Nelson Harris William "Bill" White, Sr. Michael Bishop Bev Fitzpatrick Vigil Goode Sharon Perdue Noel Taylor Matt Womack 4,436 4,932 6,980 4,482 5,158 1 1 1 2 1 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 3, 1994, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: John H. "Jack" Parrott John S. Edwards William "Bill" White, Sr. Given under our hands this 4th day of May, 1994. A copy teste: Gilbert E. Butler, Jr., Chairman Charles T. Green, Vice Chairman Alton B. Prillaman, Secretary [SEAL] Alton B. Prillaman, Secretary, Electoral Board 2O5 ACTION: "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 3, 1994, General Election, for Member, City Council (for unexpired term to end June 30, 1996) Names of Candidates Total Votes Received (In Figures) John S. Voit Linda F. Wyatt Barbara Duerk Nelson Harris John Parrott Sharon Perdue Bill White Matt Womack 3,998 4,660 11 19 5 1 1 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 3, 1994, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Linda F. Wyatt Given under our hands this 4th day of May, 1994. A copy teste: Gilbert E. Butler, Jr., Chairman Charles T. Green, Vice Chairman Alton B. Prillaman, Secretary [SEAL] 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. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers .... ---5. NAYS: None- (Council Members Harvey and White were absent.) 2O6 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: POLICE DEPARTMENT-HOUSING/AUTHORITY-YOUTH-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Director of Public Safety introduced Major R. Donald Shields, Commander of the Patrol Division, Roanoke City Police Department, who presented a briefing in regard to the Roanoke City Police Department Bicycle Patrol Unit that operates in conjunction with the C.O.P.E. Program. Major Shields advised that in November 1992, a staff study was completed and presented to the administration of the Police Department for consideration, and in March 1994, the Bicycle Patrol Unit became operative. He further advised that the study revealed that bicycle patrol is a highly maneuverable, speedy and discreet police response method which serves to increase public perception or awareness of police in the community; and while on patrol, children identify with officers on bicycles which, in turn, creates the perception of officer friendliness toward the community. He recognized the efforts of members of the Blue Ridge Bicycle Club and Cardinal Bicycles, advising that the Blue Ridge Bicycle Club provided information on bicycle safety, as well as funds for video tapes, training and training manuals, coordinated a special training session for three C.O.P.E. officers which was sponsored by the International Police Mountain Bike Association in Waynesboro, Virginia, which consisted of training in traffic strategies, gear use, bicycle fitness, pre-ride checks, maintenance skills, legal issues, fitness, group riding, hazard recognition, pursuit situations and tactics, common crashes, off road spills, and equipment considerations. Officer Byron T. Clingenpeel appeared before Council and explained the various features of the bicycle. Barbara N. Duerk, Vice-President of Public Relations, Blue Ridge Bicycle Club, appeared before Council and called attention to two other benefits of the police bicycle patrol; viz: bicycle units within a Police Department have the highest felony conviction rate, and 2O7 bicycles are more beneficial than car patrols because the officer can maneuver the unit up and down stairs. She advised that May is Bicycle Month and commended the City of Roanoke for participating in Alive and Well Week. She stated that the Bicycle Patrol Unit has been a partnership between the City of Roanoke and the Blue Ridge Bicycle Club and members of the organization look forward to continuing the partnership by providing expertise, knowledge and materials. Without objection by Council, the Mayor advised that the briefing would be received and filed. REFUSE COLLECTION-PUBLIC WORKS-ROANOKE VALLEY RESOURCE AUTHORITY-FLEET MAINTENANCE FUND-RECYCLING: The Director of Public Works introduced James A. McClung, Manager of Fleet and Solid Waste Management, for a briefing on the City's bulk item and brush collection program. Mr. McClung presented slides describing the magnitude of the bulk items and brush collection problems associated with the various storms that occurred within the City in the past year. He advised that the Solid Waste Management Department provides once per week curbside/alleyside residential refuse collection to approximately 36,000 customers and bi-monthly curbside recycling collection to approximately 16,000 customers. As a part of the refuse recycling collection service, he pointed out that curbside bulk item/bulk brush collection service is provided at no charge to citizens and the City collects approximately 1,500 tons of bulk items and approximately 1,300 tons of bulk brush annually, at an estimated cost of $139,000.00. He explained that bulk items include household furnishings or major appliances such as mattresses, box springs, ranges, refrigerators, stoves, etc., that cannot be manually loaded into a regular trash collection truck because of size, weight, or composition, and bulk brush includes tree branches or shrubbery that is no larger than four feet long, four feet wide by four feet high in size and no larger than three inches in diameter. He advised that the bulk program works on a systematic schedule that helps employees to maximize route efficiency in providing services to all areas of the City in a reasonable time frame utilizing two equipment operators and two special open top trucks with appropriate equipment. He stated that to schedule a bulk item or bulk brush pickup, a citizen must call the Public Works Dispatcher, that scheduling provides the City of Roanoke with the authority to pick up the requested items, and residents 208 will be assigned a collection date which is usually on the same day as the regular refuse collection, although the date can range from one day to two weeks from the time of the call. He advised that each truck provides between 36 - 48 average stops per day and work together in accomplishing assigned tasks so that customers receive services as scheduled. He noted that bulk items and bulk brush must be placed at the street, away from parked vehicles, fences, or overhead wires and tree branches no earlier than 6:00 p.m., the day before the scheduled collection and no later than 7:00 a.m., on the date of the scheduled collection, with items to be separate allowing six feet or more between bulk items and regular refuse or recyclables. He added that only six items or less are scheduled for collection and only those items specified by the caller, and organic material, concrete building materials, materials resulting from remodeling or razing of a structure, car parts or tires cannot be collected. He advised that throughout the year, the Solid Waste Management Department deals with approximately 25 court ordered evictions, working closely with the Sheriff's Department and in most instances, it is necessary to provide a bulk collection truck and refuse packer and crew, which averages approximately $250.00 per pickup. He stated that the Department relies heavily on the help of neighborhood groups, individuals and other City departments in identifying those situations that need attention. In closing, he stated that employees will participate in an extensive campaign to meet with citizens throughout the community to advise them of the bulk collection service and to receive input and suggestions on appropriate changes to improve the program. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-HOUSING/AUTHORITY-PLANNING-GRANTS: The City Manager submitted a written report advising that the Roanoke Redevelopment and Housing Authority administers a variety of Community Development Block Grant funded programs including projects associated with the Gainsboro Conservation/Redevelopment Plan; that a Contract for Services with the Housing Authority for administration of activities in the current year was approved by Council on Monday, September 13, 1993, pursuant to Resolution No. 31689-091393, and Amendment No. 1 was approved to the contract on February 22, 1994, pursuant to Resolution No. 31870-022294; that a program addressed in the current contract is Gainsboro Enhancement Project II, which would 2O9 assist the City with a project to relocate the residential structures currently located at 42 and 56 Wells Avenue behind The Hotel Roanoke to a nearby street prior to realignment of Wells Avenue, which activity includes acquiring nearby sites, removing asbestos, physically relocating the structures and other related activities; and the project was originally recommended by the City Planning Commission as part of the Commission's review of the Wells Avenue Redevelopment Project, and has neighborhood support. It was further advised that the one bid received for relocation of the two structures located at 42 and 56 Wells Avenue was opened by the Roanoke Redevelopment and Housing Authority on March 24, 1994, and Housing Authority staff negotiated the contract bid to a lump sum amount of $130,000.00; that additional funds, in the amount of $17,000.00, are needed by the Housing Authority in order to execute the contract to relocate the structures prior to May 31, 1994; that program income to be returned to the City will be generated by sale of the two structures after relocation; and an amendment to the Community Development Block Grant Contract with the Roanoke Redevelopment and Housing Authority is necessary in order to increase the Housing Authority budget for the Gainsboro Enhancement II Project from $152,400.00 to $169,400.00 for site preparation and relocation costs for the structures currently located at 42 and 56 Wells Avenue, N. E. The City Manager recommended that Council approve the following actions: authorize execution of the Community Development Block Grant contract amendment with the Roanoke Redevelopment and Housing Authority; transfer $10,000.00 in Community Development Block Grant funds from Account No. 035-092- 9237-5250 to Account No. 035-092-9220-5009; and transfer $7,000.00 in Capital Projects funds from Account No. 008-002-9653-9003, to Second Street/Gainsboro Road/Wells Avenue, to Account No. 008-052-9547-9003. (For full text, see report on file in the City Clerk's Office.) 210 ACTION: ACTION: Mr. McCadden offered the following emergency budget ordinance: (#31998-051694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 110.) Mr. McCadden moved the adoption of Ordinance No. 31998-051694. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ...... 5. NAYS: None .................... (Council Members Harvey and White were absent.) Mr. Edwards offered the following emergency ordinance: (#31999-051694) AN ORDINANCE authorizing the appropriate City officials to enter into an amendment to the CDBG Contract for Services between the City and the City of Roanoke Redevelopment and Housing Authority, relating to the relocation of two structures located at 42 and 56 Wells Avenue, upon certain terms and conditions, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 111.) Mr. Edwards moved the adoption of Ordinance No. 31999-051694. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers- - ......... 5. NAYS: None ...................... (Council Members Harvey and White were absent.) CITY CODE-TRAFFIC-TAXES-COMMISSIONER OF REVENUE- EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that Roanoke Emergency Medical Services, Inc. (REMS) was established on December 10, 1989, when the City of Roanoke and the Williamson Road Life Saving Crews merged; that cost savings for City 211 residents are provided through volunteer pre-hospital emergency medical providers; that recruitment and retention efforts to maintain appropriate volunteer manning levels continue to be difficult, with economic changes, increased exposure to infectious disease, violence toward Emergency Medical Service providers and significant training requirements resulting in a decline in volunteer resources Statewide; that provisions of the State Code allow local governments to waive personal property tax and decal fees for volunteer EMS providers who regularly respond or perform other functions for a volunteer EMS agency; and incentives are needed to attract and retain volunteers to provide this service inasmuch as retention is a major issue as skill proficiency increases with time. It was further advised that Roanoke Emergency Medical Services, Inc., membership has steadily declined from 110 volunteers in 1989 to 86 volunteers in 1994, which decline in volunteer participation results in an increased cost to the City to provide this essential service; that 23 volunteers "actively" participate and would meet requirements to receive incentives; and an active member is defined as follows: an individual who consistently and routinely meets the expectations of membership which consists of working a duty shift (12 hour shift every sixth day) and attending the monthly business and training meetings; or an individual who serves in an administrative volunteer position for Roanoke Emergency Medical Services, i.e., Operations Officer, President, Vice-President, etc. It was explained that other localities provide various incentives to strengthen recruitment and retention of volunteers, such as free vehicle decal, waiving personal property tax on one vehicle per volunteer and a retirement program based on years of service, with volunteers required to be active in order to be eligible for such incentives; and the Emergency Medical Services Advisory Board, appointed by the City Manager, has recommended implementation of an incentive program which will benefit "active" members that reside within the City of Roanoke in order to strengthen this important resource. 212 The City Manager recommended that Council approve "no charge" vehicle decals and waive personal property tax for one vehicle for "active" Roanoke Emergency Medical Service volunteers who reside within the City of Roanoke; that a list of volunteers meeting "active" member status would be approved by the REMS Operations Officer and President and submitted to the Manager of Emergency Medical Services by February 15 of each year for the previous calendar year; that the Commissioner of Revenue will be provided with a list of individuals eligible for the incentive program by March 15 of each year; that the cost to provide incentives would be determined annually based on the number of "active" REMS volunteers and the type of vehicles owned by the volunteers, with fiscal year 1993-94 cost expected to be approximately $3,067.00; and the City Manager will instruct the Emergency Medical Services Advisory Board to review options and make recommendations on incentives that may be adopted on a regional level such as reciprocal agreements that would support and stimulate volunteer participation throughout the Roanoke Valley. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden called upon the Commissioner of the Revenue to address what she considers to be an inequity in the proposed ordinance; whereupon, the Commissioner of the Revenue called attention to a question in regard to volunteers who could be rewarded in different measurable ways, advising that there could be some inconsistency relative to the amount of the personal property tax to be waived in each instance depending upon the amount of the assessment of each automobile. Mr. Edwards addressed the disparity issue, and requested an explanation as to why the personal property tax waiver was suggested as opposed to an incentive that could be more across the board and equitable to all participants; whereupon, the Director of Public Safety advised that it is important to note that volunteerism in emergency medical services is one of the few volunteer programs where prior education and certification is required, that many volunteers in the Roanoke Emergency Medical Services organization go beyond the basic level of certification and serve a 12-hour shift every six days at a minimum, and the rationale in suggesting the personal property tax waiver was to go beyond the modest incentive of the $20.00 decal fee. 213 ACTION: The City Manager called attention to Section 58.1- 3506 of the Code of Virginia (1950), as amended, which allows local governments to waive personal property tax and decal fees for volunteer EMS providers who regularly respond to or perform other functions for a volunteer EMS agency. He advised that it was his understanding that the Commissioner of the Revenue had participated in the discussions, and if Council is concerned that the waiver might be too lucrative, he would like to hear the suggestions/comments of Council. He stated that the goal was to find a way to recognize EMT volunteer efforts, and the recommendation contained in the report is authorized pursuant to provisions of the Code of Virginia. Following discussion, it was agreed that the matter would be referred back to the City Manager and the Commissioner of the Revenue for further study, report and recommendation to Council in connection with other alternatives to recognize volunteer Emergency Medical Service efforts. The Mayor suggested that consideration be given to providing a personal property tax waiver up to a certain limit which would be more equitable across the board. In the event that a person volunteered for a period of time, met the requirements for waiver, received the waiver, and after a short while discontinued volunteer service, he inquired if the City would enforce some type of rebate. REPORTS OF COMMITTEES: BUDGET-CITY NURSING HOME-PUBLIC WORKS-ROANOKE CIVIC CENTER-CMERP-STREETS AND ALLEYS: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke, which includes 57 lane miles of streets, the loop road around the City Nursing Home and the Roanoke Civic Center parking lot, presented a written report on behalf of the Committee recommending that Council approve the following actions: award a contract to Adams Construction Company, in the amount of $1,462,488.30, and establish a contingency, in the amount of $17,511.70, for a total cost of $1,480,000.00, in a form acceptable to the Director of Finance; 214 ACTION: appropriate $270,646.00 in Capital Maintenance and Equipment Replacement Program funding to Street Paving, Account No. 001-052-4120-2010; appropriate $12,000.00 in Capital Maintenance and Equipment Replacement Program funding to be transferred to a Capital Outlay Account to be established in the Nursing Home Fund; appropriate $249,820.00 to a Capital Outlay Account to be established in the Civic Center Fund from the following sources: Management Services Fund Retained Earnings Materials Control Fund Retained Earnings Civic Center Fund Retained Earnings $ 83,273.00 83,273.00 83~274.00 $249,820.00 transfer $231,033.00 in the fiscal year 1994- 95 General Fund budget from Transfers to Capital Projects Fund, Account No. 001-004- 9310-9508, to Street Paving, Account No. 001- 052-4120-2010; and 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. Edwards offered the following emergency budget ordinance: (#32000-051694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General, Civic Center, Management Services, Materials Control, and Nursing Home Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 000.) Mr. Edwards moved the adoption of Ordinance No. 32000-051694. The motion was seconded by Mr. McCadden and adopted by the following vote: 215 ACTION: ACTION: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers 5. NAYS: None · (Council Members Harvey and White were absent.) Mr. McCadden offered the following emergency budget ordinance: (#32001-051694) 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 115.) Mr. McCadden moved the adoption of Ordinance No. 32001-051694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers-- 5. NAYS: None-- Oe (Council Members Harvey and White were absent.) Mr. Edwards offered the following emergency ordinance: (#32002-051694) AN ORDINANCE accepting the bid of Adams Construction Company for paving and profiling of various streets, the loop road around the City Nursing Home and the Roanoke Civic Center Parking Lot, 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 116.) Mr. Edwards moved the adoption of Ordinance No. 32002-051694. The motion was seconded by Mr. McCadden and adopted by the following vote: 216 ACTION: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers-- 5. NAYS: None- (Council Members Harvey and White were absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 31974 rezoning a tract of land located at 673 - 675 Brandon Avenue, S. W., identified as Official Tax No. 1270807, from LM, Light Manufacturing District, to C-2, General Commercial District, having previously been before the Council for its first reading on Monday, May 9, 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: (#31974-051694) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 54, page 104.) Mrs. Bowles moved the adoption of Ordinance No. 31974-051694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ........ 5. NAYS: None .......... 0. (Council Members Harvey and White were absent.) STREETS AND ALLEYS: Ordinance No. 31975 permanently vacating, discontinuing and closing all of a certain alley extending between 27th Street and 30th Street, N. W., Block 21, bound on the north by Shenandoah Avenue and on the south by Johnson Avenue, being 10 feet in width and 880 feet in length, having previously been before the Council for its first reading on Monday, May 9, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Edwards offering the following for its second reading and final adoption: 2].7 ACTION: ACTION: (#31975-051694) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City or Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 54, page 106.) Mr. Edwards moved the adoption of Ordinance No. 31975-051694. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ............. 5. NAYS: None ................................. o (Council Members Harvey and White were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: CELEBRATIONS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council and invited the Members of City Council and City officials to attend a South African celebration in honor of Nelson Mandela on Friday, May 20, 1994, at 7:00 p.m., at the High Street Baptist Church. At 3:40 p.m., the Mayor declared the meeting in recess. At 3:55 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 Harvey and 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. Musser and adopted by the following vote: 218 ACTION: ACTION: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers 5. NAYS: None (Council Members Harvey and White were absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the term of George A. McLean, III, as a member of the Youth Services Citizen Board will expire on May 31, 1994, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of George A. McLean, III. There being no further nominations, Mr. McLean was reelected as a member of the Youth Services Citizen Board, for a term of three years, ending May 31, 1997, by the following vote: FOR MR. MCLEAN: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers -5. (Council Members Harvey and White were absent.) OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that the four year term of F. Wiley Hubbell and the two year term of Bernice F. Jones as members of the City of Roanoke Pension Plan Board of Trustees will expire on June 30, 1994, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the names of F. Wiley Hubbell and Bernice F. Jones. There being no further nominations, Mr. Hubbell was reelected for a term of four years, ending June 30, 1998, and Ms. Jones was reelected for a term of two years, ending June 30, 1996, as members of the City of Roanoke Pension Plan Board of Trustees, by the following vote: FOR MR. HUBBELL AND MS. JONES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ..... 5. (Council Members Harvey and White were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee, created by the resignation of Dale C. Allen, for a term ending November 13, 1996, and called for nominations to fill the vacancy. 219 Mrs. Bowles placed in nomination the Shirley M. Bethel. name of There being no further nominations, Ms. Bethel was elected as a member of the Roanoke Neighborhood Partnership Steering Committee, to fill the unexpired term of Dale C. Allen, ending November 13, 1996, by the following vote: ACTION: FOR MS. BETHEL: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ....... 5. (Council Members Harvey and White were absent.) There being no further business, the Mayor declared the meeting adjourned at 4:00 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 22O REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 23, 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, May 23, 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 Delvis O. McCadden, Howard E. Musser, William White, Sr., Elizabeth T. Bowles, John S. Edwards and Mayor David Al Bowers ........... 6. ABSENT: Council Member James G. Harvey, II 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 Randy J. Garner, Pastor, Valley View Wesleyan Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT: The Mayor welcomed former Burgermiester Peter Bohm from Grossbissendorf, Germany, and presented him with a Key to the City. BID OPENINGS ROANOKE CIVIC CENTER: Pursuant to notice of advertisement for bids to replace the wooden stage floor in the Roanoke Civic Center Auditorium, said bids to be received by the City Clerk until 1:30 p.m., on Monday, May 23, 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 sole bid received from Williams Painting and Remodeling, Inc., in the amount of $136,950.00. (For full text, see bid on file in the City Clerk's Office.) 221 ACTION: ACTION: ACTION: Mr. McCadden 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 Mr. Edwards and adopted. The Mayor appointed William White, Sr., Chairperson, Kit B. Kiser and Bobby E. Chapman 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-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 authorities, 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: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers- 6. NAYS: None ................................. (Council Member Harvey was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: 222 ACTION: CITY CODE-COUNCIL: Council having previously referred to a suggestion of the Mayor with regard to changing the schedule for conducting City Council meetings to the City Manager for input and to the City Attorney for preparation of the proper measure, the matter was again before the body. The City Attorney transmitted a measure amending the Council's Rules of Procedure to provide, effective July 1, 1994, that City Council meetings will be held on the second and fourth Mondays of each month at 10:00 a.m., and public hearings will be held on the second Monday at 7:00 p.m. (For full text, see communication on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#32003-052394) AN ORDINANCE amending and reordaining Rule 1, Regular meetinqs, of Section 2-15, Rules of procedure, of the Code of the City of Roanoke (1979), as amended, to provide for a new schedule of regular meetings of City Council, effective July 1, 1994; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 117.) Mr. McCadden moved the adoption of Ordinance No. 32003-052394. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ........ 6. NAYS: None .... - ............... 0. (Council Member Harvey was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: YOUTH-SCHOOLS: The Director of Human Development presented a briefing on the City's Community Education Program which operates in partnership with the Roanoke City Public Schools. He advised that Community Education sponsors and co-sponsors numerous activities, including 223 the Nurturing Program, Virginia Western Community College classes, Writing Is Fun For Me, and Adventures For Kids. He explained that all programs are planned and implemented using existing resources, and partnerships with individuals, businesses and organizations have been formed to meet the ultimate goal of enhancing the quality of life for Roanoke's citizens. He advised that the importance of volunteers and community partnerships to the success of the program cannot be overly stressed and community education has had a tremendous impact on the lives of many youth and their parents. The following students who participated in Adventures For Kids appeared before Council and talked about various aspects of the program, such as a visit to Apple Ridge Farms, cooking, rock wall climbing, bowling and creative arts: Freddie Wright 1124 Morningside Street, S. E. Rachel Brown 2516 King Street, N. E. Lee Morris 1219 Stewart Avenue, S. E. Brittany Harris 714 Conway Street, N. E. Mary Hayslett 1008 Stewart Avenue, S. E. The children advised that they participated in the Chili Cook-Off on the Roanoke City Market on Saturday, May 9, 1994, where they won the People's Choice Award and First Place for showmanship. They presented the Mayor and Members of Council with tee-shirts, buttons, stickers and a sample of their award winning chili. Without objection by Council, the Mayor advised that the remarks would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City Manager submitted a written report advising that on July 27, 1992, Council authorized establishment of an Enterprise Fund entitled, "Hotel Roanoke Conference Center Commission (HRCCC)"; that the operating budget for the HRCCC must be approved by Council and the Virginia Tech Board of Visitors, pursuant 224 ACTION: to Sections 21B and C of the Hotel Roanoke Conference Center Commission Act, with operating subsidies to be evenly divided; that on March 17, 1994, the HRCCC adopted an operating budget for fiscal year 1994-95, in the amount of $887,850.00, which will cover pre-opening expenses for the Center, as well as operating expenses when the Center opens in April 1995; that the second full 12 months of operation of the Conference Center will result in a decrease in the City's share of the budget operating subsidy; and the Virginia Tech Board of Visitors approved its 50 per cent share of the Hotel Roanoke Conference Center Commission budget request at its meeting on April 25, 1994. The City Manager recommended that Council approve the Hotel Roanoke Conference Center Commission budget, in the amount of $887,850.00, for fiscal year 1994-95; and that $276,500.00 be transferred from General Fund, Account No. 001-004-9310-9508, to Capital Projects Fund, Conference Center Account No. 008-002-9653-9003. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (#32004-052394) 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, 119. ) Mr. Musser moved the adoption of Ordinance No. 32004-052394. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ................. 6. NAYS: None--- 0. (Council Member Harvey was absent.) Mr. Musser offered the following resolution: 225 ACTION: (#32005-052394) A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 1994-95. (For full text of Resolution, see Resolution Book No. 56, 120.) Mr. Musser moved the adoption of Resolution No. 32005-052394. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Bowles, Edwards and Mayor Bowers NAYS: None ..... Musser, White, 6. (Council Member Harvey was absent.) BUDGET-TRAFFIC-STATE HiGHWAYS-PLANNING-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-CONSULTANTS REPORTS- STREETS AND ALLEYS-TRAFFIC: The City Manager submitted a written report advising that on April 13, 1987, Council requested that the Virginia Department of Transportation (VDOT) program projects for roadway widening and realignment that include the following: Wells Avenue from Williamson Road, N. E., to First Street, N. W.; and First Street/Gainsboro Road from Madison Avenue, N. W., to Salem Avenue, $. W., and the intersection of Orange Avenue and Gainsboro Road (this alignment ultimately shifted location to become known as the Second Street/ Gainsboro Road Project). It was further advised that pursuant to Resolution No. 31287-121692, adopted December 16, 1992, Council approved location of the realignment of Wells Avenue from Williamson Road, N. E., to Second Street, N. W. (currently known as First Street, N. W.); that the Wells Avenue project schedule has been accelerated to improve public safety and traffic flow in connection with the opening of the Hotel Roanoke Conference Center in early 1995; that pursuant to Ordinance No. 31406-041293, Council authorized an amendment to the "Agreement for Administering Project by Municipality" between the City and the Virginia Department of Transportation for Wells Avenue to allow VDOT to handle the right-of-way and construction phases of the project in order to meet the stringent time schedule; that the preliminary engineering 226 phase has been administered by the City with Mattern & Craig, Inc., Consulting Engineers; that in addition, VDOT has been extraordinarily cooperative in scheduling many project related activities; and pursuant to Resolution No. 31622-080993, adopted on August 9, 1993, Council approved the location and major design features of the realignment of Wells Avenue from Williamson Road, N. E., to First Street, N. W. It was explained that bids for project construction were received by the Virginia Department of Transportation on May 18, 1994, and a contract was awarded to Branch Highways, Inc., in the amount of $2,244,386.00; that the City must execute a City-State Agreement before VDOT will allow the contractor to begin construction; that the City's share of the cost of the project totals $775,580.24; and enhancements contained in the project include the plaza, bus shelter, decorative street lighting and entryway signage, at a cost of $643,924.30 (100 per cent City funds) as bid by Branch Highways, Inc. It was pointed out that project coordination with the Hotel Roanoke Conference Center Commission (HRCCC) required that certain expenses be incurred by the Hotel project, such as demolition of the former Wells Avenue pavement and construction of the temporary detour across the Hotel parking lot from Wells Avenue to Shenandoah Avenue; that VDOT has agreed that the $33,900.00 incurred for said items could be reimbursed to the HRCCC from the City's urban highway funds used for the Wells Avenue project; and it is necessary for the City to receive the funds (established as a project cost in the City-State Agreement) from VDOT and then reimburse the HRCCC. The City Manager recommended that Council approve the following actions: authorize execution of the City-State Agreement, in a form to be approved by the City Attorney; appropriate $723,118.90 from certain accounts listed in Attachment III of the report to Wells Avenue, Account No. 008-052-9547-9001; receive $33,900.00 from VDOT; and 227 ACTION: ACTION: authorize payment to HRCCC in the amount of $33,900.00. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (#32006-052394) 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, 121.) Mr. Musser moved the adoption of Ordinance No. 32006-052394· The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Bowles, Edwards and Mayor Bowers NAYS: None .... Musser, White, 6. (Council Member Harvey was absent.) Mr. Musser moved that the following ordinance be placed upon its first reading: (#32007) 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, 122.) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Bowles, Edwards and Mayor Bowers .... NAYS: None .... Musser, White, 6. (Council Member Harvey was absent.) (See Council minutes of June 20, 1994, for adoption of Ordinance No. 32007-062094 on second reading.) 228 BUDGET-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY- PLANNING-GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that the City has funded ten rehabilitation or new construction projects in partnership with the Northwest Neighborhood Environmental Organization (NNEO) through Community Development Block Grant and City General Funds since 1982; that NNEO has submitted a proposal for CDBG and HOME funds for rehabilitation of houses located at 813, 814 and 815 Gilmer Avenue, N. W., as a part of the CDBG budget process in the spring of 1994; that the Community Development Block Grant Review Committee recommended using HOME funds for the entire project; and the 1992 HOME Investment Partnership Program (HOME) allocation from the U. S. Department of Housing and Urban Development (HUD) was approved by Council, pursuant to Resolution No. 31070-062292, adopted June 22, 1992, with funds appropriated pursuant to Ordinance No. 31069- 062292. It was further advised that of the $756,000.00 HOME funds allocated in the 1992 program year, a minimum of 15 per cent, or $113,400.00, must be allocated to a Community Housing Development Organization (CHDO) for project costs; that to date, $64,978.00 of 1992 HOME funds have been awarded to the Northwest Neighborhood Environmental Organization which qualifies as a CHDO; that May 31, 1994 is the deadline for committing the entire 1992 HOME allocation, and any uncommitted 1992 HOME funds may be recaptured by HUD; and all 1992 HOME funds are committed by contract with the exception of $48,422.00 of CHDO set-aside funds. The City Manager explained that in connection with the Northwest Neighborhood Environmental Organization's project, total costs are estimated to be in the amount of $183,650.00 to be used for purchase and rehabilitation of houses located at 813, 814 and 815 Gilmer Avenue, N. W., which will be sold to low or moderate income home buyers; that said funds are expected to be leveraged by $50,000.00, of which $5,000.00 will be provided by NNEO and $45,000.00 will be provided with bank financing; that NNEO has requested $133,650.00 from the City to provide the balance of rehabilitation costs, audit, architectural and legal fees, with Community Housing Development Organization operating expenses to NNEO to provide administration of the project; that $48,422.00 in 1992 HOME funds will be provided to NNEO by contract at this time; and NNEO will receive up to $85,228.00 in additional 1993 HOME funds to complete the project when the funds become available. 229 ACTION: The City Manager recommended that he be authorized to execute a grant agreement with the Northwest Neighborhood Environmental Organization for purchase and rehabilitation of three houses located at 813, 814 and 815 Gilmer Avenue, N. W., such agreement to be in a form acceptable to the City Attorney and further authorized the transfer of $48,422.00 of HOME funds as follows: $12,500.00 from 1992 HOME Account No. 035-052-5300-5237 $34,180.00 from 1992 HOME Account No. 035-052-5300-5238 $ 1,742.00 from 1992 HOME Account No. 035-052-5300-5240 to 1992 HOME Account No. 035-052-5300-5242 (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32008-052394) 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, 123.) Mrs. Bowles moved the adoption of Ordinance No. 32008-052394. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, Bowles, Edwards and Mayor Bowers ............ NAYS: None .................. White, 6. (Council Member Harvey was absent.) Mrs. Bowles offered the following resolution: (#32009-052394) A RESOLUTION authorizing the City Manager to execute a grant agreement with the Northwest Neighborhood Environmental Organization (NNEO), to provide funding for the rehabilitation of three houses at 813 Gilmer Avenue, N. W., 814 Gilmer Avenue, N. W., and 815 Gilmer Avenue, N. W., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, 124.) 23O ACTION: Mrs. Bowles moved the adoption of Resolution No. 32009-052394. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers 6. NAYS: None- (Council Member Harvey was absent.) DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS- COMMUNICATIONS DEPARTMENT-MUNICIPAL AUDITOR-TELEPHONE COMPANIES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the City of Roanoke has aggressively pursued the reduction of communications costs, with one component being the cost of the City's local telephone service; that City staff has researched a new industry which includes companies that specialize, through in-depth study of pricing structures, in the auditing of telephone bills, with the goal of determining past overcharges which could be recouped from the telephone service provider; that a Request for Proposal for Professional Services (auditing) was promulgated and advertised in the local newspaper; and interviews were held with the offerors of four proposals received by the City. It was further advised that the offerors were ranked by an interview panel; that proposals were evaluated on the basis of the approach that would be used in auditing the City's telephone bills; that The Bottom Line, a single owner, Roanoke City resident firm, was the company judged to be most sound in its approach; that performance of The Bottom Line in a previous audit was considered to be outstanding by the City of Salem, as verified by a reference check; that price negotiations were entered into with The Bottom Line, and an agreement was reached as follows: The Bottom Line will audit any previous bills available and identify billing errors; The Bottom Line will negotiate with the telephone company for rebates; the City of Roanoke will pay 50 per cent of the rebates received to The Bottom Line; and the term of the contract will be for one year. 231 ACTION: It was explained that inasmuch as the total of billing errors is unknown, the dollar amount to be paid cannot be determined; however, 50 per cent of the rebates of past billing errors was the most attractive arrangement the City encountered in canvassing several firms that conduct similar services; and some firms require 50 per cent of the savings from past errors, as well as a portion of future savings which result from correction of rates. The City Manager recommended that he be authorized to enter into an agreement with The Bottom Line for auditing of City telephone services, and authorize the Director of Finance, with approval of the Municipal Auditor, to approve payment on a monthly basis of 50 per cent of any rebates received. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32010-052394) A RESOLUTION authorizing the execution of an agreement for auditing of City telephone service. (For full text of Resolution, see Resolution Book No. 56, 125.) Mr. White moved the adoption of Resolution No. 32010-052394. The motion was seconded by Mr. McCadden. Mr. McCadden inquired as to the primary reason(s) for discrepancies in the City's telephone bill and the need for a telephone audit; whereupon, the Director of Finance advised that The Bottom Line will review the City's rate structure to ensure that applicable rates are charged based on the City's telephone service, and if the rate(s) have been applied inappropriately, the City will share with the audit entity one-half of any rebate on over billing. Questions were raised in connection with the estimate that was quoted to the City by The Bottom Line in recovered costs, how recovered costs, if any, will be used, and the mechanism for reporting recovered costs to Council; whereupon, the City Manager advised that he would be pleased to provide Council with a briefing on the complexity of the telephone rate structure in connection with operating an organization the size of the City of Roanoke, and especially in connection with the complexity of the City's Centrex telephone system. He 232 stated that if billing errors are found, the errors represent money that is now in the hands of the telephone company that would be returned to the City of Roanoke. Mr. John H. Parrott, Council Member-elect, expressed concern as to who would be responsible for legal fees in the event that the telephone company refused to make reimbursement to the City. Ms. Catherine Caddy, 2510 Longview Avenue, S. W., representing The Bottom Line, called attention to many unknowns, advising that it would be difficult to assess the situation until the audit is completed. She advised that she recently completed an audit for the City of Salem and recovered approximately $5,000.00 in overcharges since 1982. She pointed out that the fact that the City has occupied many of its building since before 1984 makes the City of Roanoke a prime candidate for simple mistakes by the telephone company which were not intentional mistakes given the volume of telephone company customers. She advised that a division of Consumer Reports, Consumer Check Book, reported that 87 per cent of telephone bills are incorrect, and a study by the House Ways and Means Committee revealed that utilities over billed $19 million in energy and telephone charges in incorrect taxes alone, which does not take into consideration telephone rates or long distance charges. Ordinance No. 32010-052394 was adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers- 6. NAYS: None- (Council Member Harvey was absent.) BUDGET-POLICE DEPARTMENT-FIRE DEPARTMENT-PUBLIC WORKS-COMMUNICATIONS DEPARTMENT-CMERP-EMERGENCY MEDICAL SERVICES-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for replacement of communications recording equipment at individual dispatcher positions; that currently, the ability to instantly play back 9-1-1 calls from citizens exists only at five positions and for only 9-1-1 telephone lines; and the needed capability is for play back from all positions, and to include play back of radio channels, i.e., to clarify a police officer's request for backup. 333 ACTION: The City Manager further advised that three bids were received after proper advertisement on April 20, 1994, and evaluated by a bid committee; whereupon, he recommended that Council approve the following actions: accept the bid of Lanier Worldwide, Inc., for one complete installed 16 station digital instantaneous replay recorder, for a total cost of $32,129.35; authorize the purchase of ten recorder heads for existing 60 channel continuous logging recorder, which are sole source items, to Dictaphone Corporation, for a total cost of $18,920.70; appropriate $51,051.00 from Capital Maintenance and Equipment Replacement Account, to Communications Capital Outlay, Account No. 001-050-4130-9015; 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 emergency budget ordinance: (#32011-052394) 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, 126.) Mrs. Bowles moved the adoption of Ordinance No. 32011-052394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ................. 6. NAYS: None --- 0. (Council Member Harvey was absent.) Mrs. Bowles offered the following resolution: 334 ACTION: (#32012-052394) A RESOLUTION accepting a bid for installation of certain recording equipment and authorizing the purchase of other related equipment, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, 127.) Mrs. Bowles moved the adoption of Resolution No. 32012-052394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers 6. NAYS: None (Council Member Harvey was absent.) BUDGET-INSURANCE-HOSPITALS-CMERP-TRANSPORTATION SAFETY-EMERGENCY MEDICAL SERVICES-FLEETMAINTENANCE FUND: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for an ambulance to be used in Emergency Medical Services for pre-hospital care patient transportation; and bids were received and opened in the Office of General Services on March 31, 1994. The City Manager recommended that Council approve the following actions: accept the lowest responsible bid submitted by Aero Products Corporation for one new ambulance, for the negotiated amount of $48,396.00; appropriate $48,396.00 from Capital Maintenance and Equipment Replacement Program to Emergency Medical Services, Account No. 001-050-3521-9015; authorize title of the abovedescribed ambulance to be recorded in the name of Roanoke Emergency Medical Services, Inc.; 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: 335 ACTION: ACTION: ACTION: (#32013-052394) 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, 128.) Mr. Musser moved the adoption of Ordinance No. 32013-052394. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ........ 6. NAYS: None-- 0. (Council Member Harvey was absent.) Mr. Musser offered the following resolution: (#32014-052394) A RESOLUTION accepting a bid made to the City for furnishing and delivering one new ambulance for use by Roanoke Emergency Medical Services, Inc.; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 56, 129.) Mr. Musser moved the adoption of Resolution No. 32014-052394. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers-- 6. NAYS: None ......... --- 0. (Council Member Harvey was absent.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of April 1994. (For full text, see financial report on file in the City Clerk's Office.) Mr. White moved that the financial report be received and filed. The motion was seconded by Mr. McCadden and adopted. 336 ACTION: REPORTS OF COMMITTEES: BUDGET-BRIDGES-NORFOLK SOUTHERN CORPORATION- UTILITIES-STREETS AND ALLEYS: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for repairs to Jefferson Street Bridge over Norfolk Southern Railway, presented a written report on behalf of the Committee recommending that Council approve the following actions: authorize the City Manager to enter into a lump sum contract with Lanford Brothers Co., Inc., in the amount of $127,071.00 and 90 consecutive calendar days for completion of the work, authorize payment of $21,219.00 to Norfolk Southern Corporation for watchman and flagging protection, and authorize a project contingency of $12,700.00; appropriate $160,990.00 to a new account to be established by the Director of Finance in the Capital Projects Fund. 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: (#32015-052394) 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, 130.) Mr. White moved the adoption of Ordinance No. 32015- 052394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Bowles, Edwards and Mayor Bowers NAYS: None ............... Musser, White, 6. (Council Member Harvey was absent.) Mr. White offered the following emergency ordinance: 337 A~ION: (#32016-052394) AN ORDINANCE accepting the bid of Lanford Brothers Company, Incorporated, for repairs to Jefferson Street Bridge over the tracks of the Norfolk & Western Railway, 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; authorizing the proper City officials to execute a Railway Force Account Letter Agreement with Norfolk Southern Corporation; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, 131.) Mr. White moved the adoption of Ordinance No. 32016- 052394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers .......... -6. NAYS: None ................. (Council Member Harvey was absent.) YOUTH-YOUTH CORRECTIONAL FACILITIES-EQUIPMENT: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for installation of two heat pumps and related work at Youth Haven I, 1301 Third Street, S. W., presented a written report on behalf of the Committee recommending that Council approve the following actions: authorize the City Manager to enter into a lump sum contract with A. Frank Woods and Sons, Inc., in the amount of $19,915.00 and 30 consecutive calendar days for completion of the work; authorize the Director of Finance to encumber the following funding in Account No. 001-052- 4330-3057: Contract Amount Contingency and additional work to be performed by Building Maintenance $19,915.00 2f585.00 Total $22,500.00 338 ACTION: 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 ordinance: (#32017-052394) AN ORDINANCE accepting the bid of A. Frank Woods and Sons, Inc., to provide and install heat pumps at Youth Haven I, upon certain terms and conditions; awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, 132.) Mr. White moved the adoption of Ordinance No. 32017- 052394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Bowles, Edwards and Mayor Bowers NAYS: None- Musser, White, 6. (Council Member Harvey was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY NURSING HOME-AUDITS/FINANCIAL REPORTS: Mr. Edwards inquired as to the number of private patients housed at the City Nursing Home, and called attention to a difference in private patient care fees of $162,000.00 in 1994 compared to $134,000.00 in 1993; whereupon, the Director of Finance advised that he would provide Mr. Edwards with the requested information. He explained that private patient fees are paid when residents who are placed in the Nursing Home have assets that exceed the eligibility criteria for Medicaid, and the City establishes a specific private rate on an annual basis 239 ACTION: following preparation of a Medicaid cost report which allows the City to be competitive with private nursing homes in the Roanoke Valley. OTHER HEARINGS OF CITIZENS: At this point, meeting. At 3:35 p.m., recess. None. 3:35 p.m., Mr. Musser left the the Mayor declared the meeting in At 4:15 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 Harvey and 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 Mr. McCadden and adopted by the following vote: Bowles, 5. AYES: Council Members McCadden, White, Edwards and Mayor Bowers ...................... NAYS: None- (Council Members }{arvey and Musser were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission, created by the resignation of Fletcher Nichols, for a term ending June 30, 1996, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Michael Brennan. There being no further nominations, Mr. Brennan was elected as a member of the Roanoke Arts Commission to fill the unexpired term of Fletcher Nichols, resigned, ending June 30, 1996, by the following vote: 240 ACTION: FOR MR. BRENNAN: Council Members McCadden, White, Bowles, Edwards and Mayor Bowers ..... 5. (Council Members Harvey and Musser were absent.) There being no further business, the Mayor declared the meeting adjourned at 4:20 p.m. ~~ ~'ATTEST Mary F. Parker City Clerk APPROVED David A. Bowers Mayor DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 September 12, 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)(1), Code of Virginia (1950), as amended. Sincerely, Mayor DAB: se DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 September 12, 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 a matter with regard to disposition of publicly held property or use of publicly held property for a public purpose, specifically the request of a non-profit organization to acquire or use public property, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. Since.rely, David A. Bowers Mayor DAB: se MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1994 File #15-110-247 Brian J. Wishneff Acting Director Hotel Roanoke Conference Center 111 Franklin Plaza Suite 230 Roanoke, Virginia 24011 Dear Mr. Wishneff: This is to advise you that James G. Harvey, II, has qualified as a Commissioner of the Hotel Roanoke Conference Center Commission for a term of four years ending April 12, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Offi ei Commonwealth of Virginia, City of Roanoke, to-wit: I, James G. Harvey, II , do solemnly swear (or affirm) that l 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 uponmeasa Commissioner of the Hotel Roanoke Conference Center Commission for a term of four years ending April 12, 1998. according to the best of my ability. So help me God. Subscribed and sw,.,m~ to before me, day of ', ,~,.,,~/~k~ ~ u AR~ a. C~USH, III, CLERK , DEPUTY CLERK 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 13, 1994 File #15-110-178 Willis M. Anderson, Chair City of Roanoke Redevelopment and Housing Authority Board of Commissioners 2535 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Anderson: This is to advise you that James O. Trout has qualified as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired term of H. B. Ewert, resigned, ending August 31, 1995. Sincerely, City Clerk CMC/AAE MFP: sm pc: Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 ' H. Wesley White, Secretary, City of Roanoke Redevelopment and Housing Authority Board of Commissioners, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James O. Trout, 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 commissioner of the Roanoke Redevelopment and Housing Authority to fill the unexpired term of H. Bern Ewert ending August 31, 1995, according to the best of my ability. So help me God. Subscribed to and sworn to before me this .~t7 day of /~L/c.' ~ ~]~ 1994. ARTHUR B. CRUSH, III, CLERK CLERK 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 13, 1994 File #15-110-178 Neva H. Smith Executive Director City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Ms. Smith: This is to advise you that Willis M. Anderson has qualified as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term of four years ending August 31, 1998. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: H. Wesley White, Secretary, City of Roanoke Redevelopment and Housing Authority Board of Commissioners, 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 ' Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Willis M. Anderson, 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 Commissioner of the Roanoke Redevelopment and Housing Authority Board of Commissioners for a term of four years ending August 31, 1998, according to the best of my ability. So help me God. Subscribed and sworn to before me this __~_~day of~ 1994. ARTHUR B. CRUSH, III, CLERK ~,DEPUTY CLERK ' l[Til[ti~rlillrllr[[ 11ii illllllllllll MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 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 James C. Stephens has qualified as a member of the Youth Services Citizen Board for a term ending May 31, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Marion Vaughn-Howard, Youth Planner Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James C. Stephens, 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. Subscribed and sworn to before me this ] q day of ~-~~1994. ARTHUR B. CRUSH, III, CLERK 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 13, 1994 File #79-137-169 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Sara B. Winn, Attorney, representing House of Care of Southwest Virginia, Inc., transmitting a petition requesting adoption of a resolution in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located in the City of Roanoke, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, September 12, 1994. On motion, duly seconded and unanimously adopted, the communication was referred to you for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc.' Sara B. Winn, Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038-4125 Wilburn C. Dibling, Jr., City Attorney WOODS, ROGERS ':'HAZI F_GRC VE, P.L.C. Attorneys at Law First Union Tower ~-" ~ , : 10 South Jefferson Street~ Suite 1400 ' Roanoke, Virginia 24011 P.O. Box 14125 Roanoke, Virginia 24038-4125 Telephone 703-983-7600 Facsimile 703-983-7711 Wl, iter's Direct Dial Telephone: August 17, 1994 (703) 983-7580 Mary F. Parker, City Clerk City Council, Roanoke City 215 Church Avenue Room 456 Municipal Building Roanoke, Virginia 24011-1536 Re: House of Care of Southwestt Virginiat Inc. Dear Ms. Parker: Pursuant to resolutions effective March 1, 1992 regarding the procedure for a non-profit organization to request exemption from certain property taxation, please find enclosed: 1.) Petition for a resolution supporting an exemption under Article X, § 6(a)(6) of the Constitution of Virginia; 2.) Copy of letter from Commission of the Revenue stating the House of Care of Southwest Virginia, Inc. has never been granted tax-exemption for personal or real property; 3.) Copy of the House of Care's priorities, guest rules and guidelines. M#226148 WOODS, ROGERS (S~ HAZLEGROVE I appreciate your help in this matter. Please feel free to call with any questions. With kindest regards, I am Very truly yours, WOODS, ROGERS & HAZLEGROVE, P.L.C. Sara Bugbee Winn TTP:SBW:vn Enclosure M#226148 WOODS, ROGERS HAZLEGROV~, P.L.C. VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, § 6 (a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, House of Care of Southwest Virginia, Inc., a Virginia, non-stock, not for profit corporation, is the lessee of certain real property located on the east side of Jefferson Street northeast of its intersection with Twenty-Second Street in the City of Roanoke, Virginia, which property is more particularly described on Exhibit A attached hereto. 2. Your Petitioner desires to be an organization designated by a section within Article 4, §58.1-3650 et seq. of the 1950 Code of Virginia, as amended, in order that the referenced personal property housed on such real property and used exclusively for charitable and benevolent purposes in responding to the needs of ill children and adults and their families be exempt from taxation under the provisions of Article X, § 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 3. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of §30-19.04 (B) of the 1950 Code of Virginia, as amended, after holding a public hearing with respect thereto M#167628 WOODS, I~)GEI~ ~Y HAZLEGROVE~ P.L.C. where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Article X, § 6 (a)(6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. In compliance with §30-19.04 (B) the following questions are submitted for consideration: Whether the organization is exempt from taxation pursuant to §501 (c) of the Internal Revenue Code of 1954. (A) Your Petitioner is exempt from taxation pursuant to S 501 (c) of the Internal Revenue Code of 1954. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on such property. (A) No alcoholic beverage license has been or will be requested or issued for use on the referenced property. Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders. (A) No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Your Petitioner has one salaried employee and that employee is not an officer or director. Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in this subsection donations shall include the providing of personal services or the contribution of in kind or other material services. M#167628 2 WOODS, ROGERS HAZLEGROVE, P. LC. M#167628 (A) No part of the net earnings of your Petitioner inures to the benefit of any individual and no significant portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through the generation of donations and contributions. Whether the organization provides services for the common good of the public. (A) Your petitioner provides services for the common good of the public in as much as it provides meals and lodging for ill children and adults and their families. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting, to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A) Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A) No rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. The revenue impact to the locality and its taxpayers of exempting the property. (A) No significant impact is anticipated as a result of the exemption. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A) Your Petitioner provides meals and lodging for the families of children and adult oncology and leukemia patients; such services are provided for a nominal fee which fee is waived for any guest who indicates that they are unable to pay; one third of your Petitioner's guests make no payments. 3 Woons, ROGERS & HAZLEGROVE, P.L.C. WHEREFORE, your Petitioner, House of Care of Southwest Virginia, Inc., respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to S30-19.04 of the Code of Virginia stating the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, § 6 (a)(6) of the Constitution of Virginia at a public hearing at which citizens have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that the personal property of your Petitioner be designated by a Section within Article IV, ~58.1-3650 et seq. exempting the personal property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing lodging for ill children and adults and their families. Respectfully Submitted, HOUSE OF CARE OF SOUTHWEST VIRGINIA, INC. Its V{~-~I'~.E D~-~ Sara Bugbee Winn, Esquire WOODS, ROGERS & HAZLEGROVE, P.L.C. Dominion Tower, Suite 1400 10 South Jefferson Street P.O. Box 14125 Roanoke, Virginia 24038-4125 (703) 983-7580 M#167628 4 roprtY ~i. oh vas conveyod ~ P ...... fr~ Boanoke ~~~ 200 f~t : .- .~ _~~ ~ was ~n~ ~ X3, 1976, of~ ~f~ of ~ _ ,_ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on , 1994, commencing at a.m./p.m, in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of a resolution pursuant to S30-19.04 of the Code of Virginia, 1950, as amended, on a request by the House of Care of Southwest Virginia, Inc., for a designation of property to be exempted from taxation. Citizens shall have the opportunity to be heard and express their opinions on said matter. City Clerk Please send tax costs to Woods, Rogers & Hazlegrove, P.L.C., First Union Tower, Suite 1400, 10 South Jefferson Street, P. O. Box 14125, Roanoke, Virginia 24038-4125. Please publish one (1) time in the afternoon edition of the Roanoke Times & World News on , 1994. M#190061 MARSHA COMPTON FIELDER Commissioner of the Revenue CITY OF ROANOKE COMMISSIONER OF THE REVENUE 215 Church Avenue, S.W., Room 251 Roanoke, Virginia 24011 Telephone: (703) 981-2521 Fax: (703) 224-3115 July 20, 1994 Ms. Sara B. Winn Woods, Rogers & Hazlegrove, P.L.C. PO Box 14125 Roanoke, VA 24038-4125 Dear Ms. Winn: In response to your letter dated July 12, 1994, and your telephone call with Margaret Lindsey, of this office, regarding the tax-exempt status of House of Care of Southwest Vir~nia, Inc., this entity has never been granted tax-exemption by designation for personal or real property purposes for the City of Roanoke. We currently show this entity as owner of record of no real or personal property in the City of Roanoke. Please do not hesitate to contact me should you need any further information or if my office can be of assistance in seeking House of Cafe's exempt status. Sincerely, Mar~ha Compton Fielder Commissioner of the Revenue mcf/mal RONALD McDONALD HOUSE of SOUTHWEST VIRGINIA 2224 $. Jefferson Street Roanoke, Virginia 24014 GUEST RULES and GUIDELINES GENERAL HOUSE RULES: · Food and Drinks are permitted only in designated areas--Kitchen, Dining Room, Patio · No Smoking in the House · No Alcoholic Beverages allowed in the House · Overnight Guests are not allowed to sleep in public areas. · No pets. · Proper dress and shoes required. · Guests must leave upon discharge of the patient. · Guests who have or have been exposed to a communicable disease, i.e. - measles, mumps, whooping cough, etc., will not be allowed to occupy a room except after consultation and approval by a physician and management. · Guests must respect privacy of other guests. · Guests must-keep TV/Radio sound at a reasonable level. Unnecessary noise will not be permitted. · Guests must limit the number of visitors coming to the House. · Pool and room game time is 9:00 a.m. - 9:00 p.m. · The House will not be responsible for any articles left or unattended in the House. · Lost and found articles should be brought to the attention of House Management. · No illegal activities will be permitted in the House. ROOMS: · One room per family. · Limit of four (4) overnight family members to a room. · * ~fo food or · Management will not hold a room for any guest not occupying the room and reserves the right to fill rooms not occupied on a daily basis. · Management reserves the right to inspect guest rooms at any time. Rooms should be locked at all times. HOUSEKEEPING: + It is the guest's responsibility to make bed, empty wastebasket in outside dumpster (not in another container), and keep room and bathroom clean. + Turn off lights when leaving room. Should you note something wrong with your room or the House (need a blanket, see a burned out light), please notify the House Manager or the Volunteer on duty. THE KITCHEN: (The House receives donations of food from many organizations. You are welcome to use these items in the designated areas.) >~ Eat in designated areas only. ~ Prepare your own breakfast and lunch. >~ Buffet dinners for all guests are prepared and served from 5:00 p.m. until 6:30 p.m. by the house staff, guests and volunteers cooperatively. Anyone using the kitchen to prepare snacks or meals is responsible for clean-up. ~ Guests may store personal food items in the refrigerator, however, dispose of personal food items prior to check out. Items must be properly marked. ~, Share kitchen chores with other guests. ~, Help keep the kitchen clean. Before you leave the kitchen, remember to dispose of leftovers, load the dishwasher, wash pots and pans, wipe up spills, and return unused items to their designated area. ~, Donations to operate the kitchen are appreciated but not required. Over LINENS: · At check in, guesfs will be given clean linens: one set of towels per person and one set of sheets per bed used. · Upon checkout, please place all linens and towels in pillow case and return to registration desk. · Make the bed with bedspread and mattress pad only, leaving room ready for next guest. LAUNDRY: · Washers and dryers are located in the basement to launder your linens and clothes free of charge. · Remove clothes from washers and dryers promptly. Follow the instructions in laundry room. TELEPHONES: Local calls are made by dialing "6" first and then the number. There is no charge for local calls. All long distance calls in the "703" area code must be collect or l~y credit card. (Instructions are on the phone in each room.) There is an AT & T Family Phone available ~or free calls outside the 703 area code. Please check with desk for instructions. SECURITY: · Every family is given a key to their room which will also unlock the outside back door. The back door is locked at 9:00 p.m. · When entering through the back door, please close it securely. + Do not admit anyone into House you do not know. + House is equipped with smoke detectors and a fire alarm system. · * Emergency exit doors are not to be used except in case of emergency. · Note the nearest exit in case of evacuation. In the event offire, do not use the elevator. Please use fire exit doors in event of etnergency only CHILDREN: · No one under 18 can be left unattended in the House. · Parents are responsible for children playing in the game room and outside play area. Volunteers are not responsible for baby-sitting. If a difficult situation arises, contact the Manager for assistance. CHECKING-OUT: Leave your room key and soiled linens with the volunteer on duty. * * If you should inadvertently take a key home, please mail it back to the House, promptly. NOTES: It is a nrivilege and not a riqht to stay at the Ronald McDonald House of Southwest Virginia. Accordingly. all puests are requested to follow all peneral house rules, comnliance with any of the House rules may result in exDulsion from the House and future inelipibility to use the Ronald McDonald House. Management reserves the right to enforce all rules as it, in its sole discretion, deem~ aD=ro=riate. Mana;ement also reserves the ri;bt to modify any existin9 House Rule and tc make and enforce new rules as it deems necessary and in the best interest of the Hous; and the Guests it serves, These RULES and GUIDELINES are for the safety_ of puests and staff, and for efficier,{ o=eration of the House. Your coo_~eration is an~reciated and we ho_oe your stay at th., Ronald McDonald House meets your needs for a "HOME AWAY FROM HOME," Rev 2/14/94 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th day of September, 1994. No. 32173-091294. AN ORDINANCE to amend and reordain certain sections of the 1994-95 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 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Judicial Administration Commonwealth's Attorney (1-7) ................ Non-Departmental Contingency (8) .............................. Revenue Grants-In-Aid Commonwealth Commonwealth's Attorney (9) .................. $ 3,873,977 845,466 47,137,073 343,638 $ 29,916,682 590,856 1) Regular Employees Salaries 2) City Retirement 3 ) FICA 4) Hospitalization Insurance 5) Dental Insurance 6) Life Insurance 7) Furniture and Equipment 8) Contingency 9) Commonwealth's Attorney (001-026-2210-1002) (001-026-2210-1105) (001-026-2210-1120) (001-026-2210-1125) (001-026-2210-1126) (001-026-2210-1130) (001-026-2210-9005) (001-002-9410-2199) (001-020-1234-0610) $ 65,197 8,437 4,986 5,550 245 395 8,819 (13,273) 80,356 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia September 12, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Appropriation of Additional Funds for Personal Services and Furniture & Equipment Dear Mayor and Members of Council: I concur with the recommendation relative to the above subject and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager CCi City Attorney Director of Finance Director of Public Safety Budget Administrator Roanoke, Virginia September 12, 1994 Honorable Mayor and City Council Roanoke, Virginia Subject: Appropriation of Additional Funds for Personal Services and Furniture & Equipment Dear Members of City Council: I. Backqround: II. The Commonwealth Attorney's 1994-95 budget request submitted to the State Compensation Board did not include additional personnel requests or furniture/equipment expenses. Current Situation: The Commonwealth Attorney's 1994-95 budget as approved by the State Compensation Board included three new positions - one Assistant Attorney I at an annual salary of $38,136; two Administrative Secretaries at an annual salary of $19,554 each - and $8,819 in office equipment. The Commonwealth Attorney's 1994-95 budget as approved by City Council did not provide funding for these three positions or office equipment expenses. III. Issues: A. Cost to City Honorable Mayor and Members of City Council Page 2 IV. Alternatives: ae Accept the funding provided by the State Compensation Board for the office equipment and Assistant Attorney I and two Administrative Secretaries - the positions to be filled on or about October 1, 1994. 1. Cost: ae For the remaining ten months of Fiscal Year 1994-95, the cost to the City would be $826 to make the Assistant Attorney I position salary consistent with the City Pay Plan (city Pay Plan cost of $32,606 less Compensation Board approved cost of $31,780). be For the remaining ten months of Fiscal Year 1994-95, the cost to the City for fringe benefits for the Assistant Attorney I position would be $5,523 (City Pay Plan cost of $9,061 less Compensation Board approved cost of $3,538) The salary approved by the Compensation BOard is higher than the minimum salary for an Administrative Secretary position under the City Pay Plan; therefore, it would only be necessary for the City to supplement $6,924 in fringe benefits for these positions ($3,462 each). do Total additional cost to the City for these positions would be $13,273 for the salary supplement and fringe benefits. Funding approved by the Compensation Board for office equipment would be 100% reimbursable to the City. Be City Council not accept the funding provided by the State Compensation Board for the office equipment and additional Attorney and Administrative Secretary positions. 1. Cost - Cost would not be an issue. Honorable Mayor and Members of City Council Page 3 V. Recommendation: ae city Council concur with Alternative A, thereby allowing for the acceptance of the office equipment funding and additional Assistant Attorney I and two Administrative Secretary positions: Appropriate the Compensation Board approved funds in the amount of $80,356 and transfer $13,273 from the General Fund Contingency Account (001-002-9410- 2199) to the following accounts in the Commonwealth Attorney's budget: Salaries $65,197.00 FICA 4,986.00 Retirement 8,437.00 Life Insurance 395.00 Medical 5,550.00 Dental 245.00 Furniture & Equip. 8,819.00 Increase the revenue estimate for shared expenses - Commonwealth Attorney (001-020-1234-0610) in the amount of $80,356. Respectfully submitted, Donald S. Caldwell Commonwealth' s Attorney DSC:btw cc: City Manager City Attorney Director of Finance Director of Administration & Public Safety Budget Administrator WORK SHEET Assistant Attorney I Position SALARY CONSISTENT W/CITY PAY PLAN CITY PAY PLAN 39,127.14 ANNUAL/S3,260.59 MO. X 10 MOS. = COMPENSATION BOARD 38,136.00 ANNUAL/S3,178.00 MO. X 10 MOS. = CITY SHARE OF SALARY 991.14 ANNUAL/ 82.59 MO. X 10 MOS = FRINGE BENEFITS CITY STATE FICA 2,494.30 2,431.10 RETIREMENT 4,421.80 1,051.90 LIFE 213.80 55.20 MEDICAL 1,850.00 DENTAL 81.60 9,061.50 3,538.20 -3,538.20 REIMBURSED 5,523.30 CITY COST + 825.90 CITY SALARY SUPPLEMENT TOTAL CITY EXPENSE 6,349.20 ASSISTANT ATTORNEY I POSITION $32,605.90 31,780.00 825.90 Administrative Secretary Positions NO CITY SUPPLEMENT TO SALARY COMPENSATION BOARD 19,544 ANNUAL/S1,629.50.00 MO. X 10 MOS. = 16,295.00 FRINGE BENEFITS CITY STATE FICA 1,246.50 1,246.50 RETIREMENT 2,007.50 539.50 LIFE 90.50 28.30 MEDICAL 1,850.00 1,814.30 DENTAL 81.60 5,276.10 -1,814.30 REIMBURSED 3,461.80 CITY COST X 2 POSITIONS TOTAL CITY EXPENSE 6,923.60 ADMINISTRATIVE SECRETARY POSITIONS MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia '*40 ! I Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 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: I am enclosing copy of Resolution No. 32174-091294 authorizing the appropriate City officials to make application to the Virginia Public School Authority for financing, in an amount not to exceed $4,200,000.00, of certain capital improvements for public schools in the City of Roanoke under the Authority's 1994 Interest Rate Subsidy program. Resolution No. 32174-091294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 12, 1994. Sincerely, ~/~..~.., Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 12th day of September, 1994. No. 32174-091294. A RESOLUTION authorizing the appropriate City officials to make application to the Virginia Public School Authority for financing under the Authority's 1994 Interest Rate Subsidy Program. WHEREAS, this Council has determined that it may be advisable for the City of Roanoke to contract a debt and issue general obligation bonds in an amount not to exceed $4,200,000 to finance certain capital improvements for public school purposes and to sell the bonds to the Virginia Public School Authority (the "VPSA") under the 1994 Interest Rate S.ubsidy Program. NOW, THEREFORE, be it resolved by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to make application to the VPSA under the VPSA 1994 Interest Rate Subsidy Program for financing, in an amount not to exceed $4,200,000, of certain capital improvements for public schools in the City. 2. All actions taken by the City Manager or the Assistant City Manager that are in compliance with this resolution are hereby ratified and confirmed. ATTEST: City Clerk. fRoanoke 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 School Board P.O. Box13145, Roanoke, Virginia 24031 * 703-981-238t ,, Fax: 703-981-2951 August 29, 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 a special meeting on August 29, 1994, the School Board approved a resolution for Roanoke City Public Schools to participate in the 1994 Virginia Public School Authority (VPSA) bond issue. The proceeds of the bond issue will be used in lieu of the Literary Fund loans approved by the state for Virginia Heights Elementary School and Momingside Elementary School. Roanoke City Council is requested to approve a resolution indicating that Roanoke City desires to participate in the VPSA bond issue. No further action is required of the City at this time. If the application is approved by the VPSA board, Council will be requested to conduct public hearings and perform any other procedural matters that may be required for participation in the VPSA bond issue. The Roanoke City School Board appreciates the assistance of the City Administration in preparing the necessary documents required for participation in the bond issue. Sincerely, S. Nolley, Clerk of the Board re Eric. CC: Rev. C. Nelson Harris Mr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray, Jr. Excellence Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso in Education 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 13, 1994 File #58-226-233-236-450 Stanley R. Hale Executive Director Southwest Virginia Community Development Fund 401 First Street, N. W. Roanoke, Virginia 24016 Dear Mr. Hale: I am enclosing copy of Resolution No. 32175-091294 authorizing an agreement with the Southwest Virginia Community Development Fund for administration of the Micro- Business Revolving Loan Fund, in the total amount of $30,000.00, and the Entrepreneurial Revolving Loan Fund, in the amount of $20,000.00, for a term of one year, unless' sooner terminated in accordance with provisions of said agreement, as more particularly set forth in a report of the City Manager under date of September 12, 1994. Resolution No. 32175-091294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 12, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. IN THE COUNCIl, OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of September, 1994. No. 32175-091294. A RESOLUTION authorizing an agreement with the Southwest Virginia Community Development Fund for administration of the Micro-Business Revolving Loan Funds and the Entrepreneurial Revolving Loan Fund. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with the Southwest Virginia Community Development Funds for administration of the Micro-Busines.~ Revolving Loan Fund in the total amount of $30,000.00 and the Entrepreneurial Revolving Loan Fund, in the amount of $20,000.00 for a term of one year, unless sooner terminated in accordance with the provisions of the agreement, all as more particularly set forth in the City managers report to this Council dated September 12, 1994. Said agreement shall be in such form as is approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia September 12, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Community Development Block Grant (CDBG) Agreement with the Southwest Virginia Community Development Fund for the Micro-Business Revolving Loan Fund and the Entrepreneurial Revolving Loan Fund. I. Background: ao As a part of the Community Development Block Grant (CDBG) application, approved on May 9, 1994 by Resolution No. 31977-050994, City Council authorized grants for the following programs/agencies: 1. Micro-Business Revolving Loan Fund - Southwest Virginia Community Development Fund o Entrepreneurial Loan Fund - Implementing agency to be determined Bo City received Department of Housing and Urban Development approval of the CDBG application by letter dated June 10, 1994. C o City Council authorized the acceptance of the 1994-1995 CDBG Entitlement and Appropriation of Funds for CDBG Activities on June 27, 1994 by Ordinance No. 32072-062794. II. Current Situation: ao In addition to being responsible for the implementation of the Micro-Business Revolving Loan Fund, the Southwest Virginia Co~unity Development Fund will be the implement- ing agency for the Entrepreneurial Revolving Loan Fund. B° The proposed programs will provide loans to micro and entrepreneurial businesses at low interest rates. C° An administrative agreement is needed between the City of Roanoke and the Southwest Virginia Community Development Fund for the funds to be obligated to both programs. The agreement will contain the following provisions and will be in form approved by the City Attorney: Southwest Virginia Community Development Fund Micro-Business Revolving Loan Fund - $30,000 Entrepreneurial Revolving Loan Fund - $20,000 Members of City Council Page 2 2. Scope of Services a. Micro-Business Revolving Loan Fund Loans will be provided to micro-businesses at low interest rates in amounts of $10,000 or less. The target area for the loan fund will be Northwest Roanoke, Downtown, and the Urban Enterprise Zone. Applicants will be required to invest a minimum of one-third of the capital required for the pro- posed business project. The program should result in the creation/retention of twelve (12) jobs, with eight (8) jobs for low and moderate income persons. b. Entrepreneurial Revolving Loan Fund Loans will be provided to graduates of the Total Action Against Poverty Entrepreneurial Training Program at low interest rates in amounts of $3,000 or less. The purpose of the loan fund is to offer an opportunity for underemployed or unemployed low income persons to reach economic self-sufficiency by providing access to capital and exposure to business. The program should result in the creation of six (6) jobs for low and moderate income persons. 3. Time of Performance: o The time of performance for this agreement is Septem- ber 1, 1994 until the job creation requirements have been met. Indemnification: Subgrantee shall indemnify and hold harmless Grantee, its officers, agents, consultants, and employees, against any and all loss, cost, or expense, including reasonable attorney's fees and costs of defense, resulting from any claim, whether or not reduced to a judgment, and for any liability of any nature whatso- ever, that may arise out of or result from Sub- grantee's intentional or negligent acts or omissions in providing the services under this Agreement, including without limitation, fines and penalties, violation of federal, state or local laws, or regula- tions promulgated thereunder, personal injury, wrongful death or property damage claims. Members of City Council Page 3 5. Program Income Principal and interest loan payments will be consid- ered program income. After program income is reported to and approved by the Office of Grants Compliance, it becomes a grant to the Southwest Virginia Community Development Fund. The Southwest Virginia Community Development Fund will return 100% of the principal payments to the loan fund for use in making additional loans. Interest payments will be used to provide the required investment return to the private financial institutions participating in the loan fund and to cover the expenses associated with administering the loan fund incurred by the Southwest Virginia Community Development Fund. D. Aqreements will not be executed on behalf of the City without the certification of the Director of Finance that funding is available and no funding will be expended under the contract until the contract is fully executed by all parties. III. Issues: A. Cost to the City B. Funding C. Community development objectives D. Compliance with applicable regulations E. Legal issues IV. Alternatives: A. Authorize the City Manager to execute an agreement with the Southwest Virginia Community Development Fund for the Micro-Business Revolving Loan Fund and the Entrepreneurial Revolving Loan Fund. 1. Cost to the City will be $50,000 in CDBG funds. 2. Funding will be available in the following accounts: Micro-Business Revolving Loan Fund Account No. 035-093-9330-5018 $30,000 Entrepreneurial Revolving Loan Fund Account No. 035-094-9430-5022 $20,000 3. Community development objectives will be addressed by providing economic development assistance to micro- businesses and entrepreneurial businesses. Members of City Council Page 4 Vo Compliance with applicable regulations will be assured through contract review and project monitoring by the City's Office of Grants Compliance. Legal issues will be addressed through contract review by the City Attorney. Do not authorize the City Manaqer to execute an agreement with the Southwest Virginia Community Development Fund for the Micro-Business Revolving Loan Fund and the Entrepre- neurial Revolving Loan Fund. 1. Cost to the City will be nothing. 2. Fundinq will not be an issue. o Community development objectives will not be addressed from the standpoint of providing economic development assistance. o Compliance with applicable regulations will not be an issue. 5. Legal issues will not be an issue. Reco-w.e~dation: It is recommended that City Council concur in Alternative A and authorize the City Manager to execute an agreement with the Southwest Virginia Community Development Fund for the Micro-Business Revolving Loan Fund and the Entrepreneurial Revolving Loan Fund. Respectfully submitted, W. Robert Herbert City Manager attachment WRH/SMS cc: Assistant City Manager City Attorney Director of Finance Economic Development Office Office of Grants Compliance 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 13, 1994 File #27-405-468 Aaron J. Conner Vice-President Aaron J. Conner General Contractor, Inc. P. O. Box 6068 Roanoke, Virginia 24017 Dear Mr. Conner: I am enclosing copy of Ordinance No. 32176-091294 approving the City Manager's issuance of Change Order No. 1 to the City's contract with Aaron J. Conner General Contractor, Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract B'2, by deducting $117,336.00 from the original contract for a revised contract amount of $2,356,349.40. Ordinance No. 32176-091294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 12, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of September, 1994. No. 32176-091294. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Aaron J. Conner, General Contractor, Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract B-2; and providing for an emergency. BE that : 1. IT ORDAINED by the Council of the City of Roanoke The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Aaron J. Conner, General Contractor, Inc., in connection with Carvin's Cove Filter Plant Improvements - Phase II, Contract B-2. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT $ 2,473,685.40 CHANGE ORDER NO. 1: 1. Eliminate 1920 lineal feet of 12 inch waterline from the project. $ (138,336.00) Provide for the reconstruction of affected portions of Pocahontas Avenue between Williamson Road and Plantation Road $ 21,000.00 TOTAL AMOUNT OF CHANGE ORDER NO. 1 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO.1 ADDITIONAL TIME REQUIRED FOR CHANGE ORDER (117,336.00) 2,356,349.40 NONE 3. 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. Roanoke, Virginia September 12, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: CARVINS COVE FILTER PLANT IMPROVEMENT, PHASE II CONTRACT B-2 CHANGE ORDER NO. 1 I. Backqround: ao Unit price contract for Contract B-2 was awarded by City Council on June 28, 1993 to Aaron J. Conner, General Contractor, Inc., Ordinance #31560-062893, in the amount of $2,473,685.40 with a contingency of $247,368.54.00. B o Contract B-2 provides for construction of a 24 inch waterline from Hollins Road near Utility Line Services to the Trash Transfer Station, a 24 inch line in Pocahontas Avenue from Hollins Road to Williamson Road, a 12 inch line in Orange Avenue from Courtland Avenue to Washington Park and a 12 inch line in Jefferson Street and Wells Avenue near the Hotel Roanoke. II. Current Situation: ao One thousand nine hundred twenty (1,920) lineal feet of 12 inch waterline has been recommended by City staff for elimination from the project. This work was to be constructed in Orange Avenue from Courtland Avenue to Washington Park at a unit price of $72.05 per lineal feet. Recent water line work near the Hotel Roanoke eliminates the need for the Orange Avenue interconnect. o Poor roadway construction was discovered during the installation of the 24 inch waterline on Pocahontas Avenue between Williamson Road and Plantation Road which was void of any base material. While the area to be patched will be installed properly, the remainder of the road will continue to experience severe deformation and failure. Honorable Mayor and Members of City Council Carvins Cove Filter Plant Improvement, Phase II, Contract B-2 ChanGe Order No. 1 September 12, 1994 PaGe 2 III . Issues in order of importance are: A. Need B. Cost C. Public Inconvenience IV. Alternatives are: ao Authorize the City Manager to execute ChanGe Order No. 1, in a form approved by the City Attorney, providinG for deletion of 1,920 lineal feet of 12 inch waterline alonG OranGe Avenue ($138,336.00) and providinG for the reconstruction of affected portions of Pocahontas Avenue between Williamson Road and Plantation Road - $21,000.00 - for a net deduction of $117,336.00. Need for the 1,920 lineal feet of 12 inch waterline was negated by recent waterline work in the vicinity of the Hotel Roanoke. The condition of Pocahontas Avenue has been and will continue to be a problem in the future if not properly repaired, as recommended in this ChanGe Order. o Cost is based on unit prices in the contract that was competitively bid for the 12 inch waterline and based on negotiations for the reconstruction of Pocahontas Avenue. o Public inconveniences from constructinG a waterline in the west bound lane of OranGe Avenue for two (2) months and from poor pavement condition in Pocahontas Avenue would be eliminated. B o Do not authorize the City Manager to execute ChanGe Order No. 1 to deduct $138,336.00 from the original contract with Aaron J. Conner, General Contractor, Inc. Need for the 1,920 lineal feet of 12 inch waterline has been negated and the condition of Pocahontas Avenue will continue to be a problem. Honorable Mayor and Members of City Council Carvins Cove Filter Plant Improvement, Phase II, Contract B-2 Change Order No. 1 September 12, 1994 Page 3 Cost is based on unit prices and negotiations. Public inconveniences will be experienced for approximately two (2) months during construction in Orange Avenue and for some time into the future until Pocahontas Avenue is reconstructed. Vo Recommendation is that City Council take the following action: no Alternative A: Authorize the City Manager to execute Change Order No. 1 deducting $117,336.00 from the original contract for a revised contract amount of $2,356,349.40 and a project contingency of $364,704.54. Respectfully submitted, W. Robert Herbert City Manager WRH/JAP/ga cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operation Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator 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 13, 1994 File #20-77-236-514 M. Scott Hollis Urban Engineer 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 32178-091294 authorizing execution and filing of an application with the Virginia Department of Transportation seeking funds to improve traffic safety on eastbound Orange Avenue by the addition of a turn lane onto southbound Williamson Road. Resolution No. 32178-091294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 12, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of September, 1994. No. 32178-091294. A RESOLUTION authorizing the execution and filing of an application with the Virginia Department of Transportation (VDOT) seeking funds to improve traffic safety on eastbound Orange Avenue by the addition of a turn lane onto southbound Williamson Road. WHEREAS, it is necessary to improve traffic safety by the addition of a turn lane on eastbound Orange Avenue in the City of Roanoke and to seek funding for that proposed safety improvement project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia that: 1. The City Manager is hereby authorized to execute and file an application with the Virginia Department of Transportation seeking funding for the improvement of traffic safety on eastbound Orange Avenue by the addition of a turn lane onto southbound Williamson Road. 2. The City Clerk is directed to forward a copy of this resolution to the appropriate persons at VDOT. ATTEST: City Clerk. Roanoke, Virginia September 12, 1994 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Intermodal Surface Transportation Efficiency Act (ISTEA) Safety Improvement Program - Project Application Background: Intermodal Surface Transportation Efficiency Act (ISTEAI was signed into federal law in December, 1991. ISTEA requires state departments for transportation to set aside a minimum of 10 percent of The Surface Transportation Program (STP) allocation each year to be used for "hazard elimination" and "rail/highway grade crossings". Bm Fundinq participation for these safety projects is 90 percent federal and 10 percent local. Regular urban highway allocations may be used to provide 98 percent of the 10 percent local matching funds, with the locality providing the other 2 percent. This effectively means that the locality only needs to provide 0.2 percent in local funding. Ce Virginia Department of Transportation (VDOT) provided project application forms to all localities in August, 1994. Applications for new safety projects are due to VDOT by September 23, 1994, with notification of VDOT's approval or disapproval expected by Spring, 1995. II. Current Situation: Application for Safety Improvements is desired in association with traffic that turns from eastbound Orange Avenue onto southbound Williamson Road (right turn at Roanoke Civic Center). The proposal is to widen this approach to create an additional lane on eastbound Orange Avenue to be used exclusively for right turn, as depicted in the attached sketch. The addition of this lane would benefit the Civic Center during major events as well as the public in general on a day to day basis. Members of Council Page 2 III. IV. It also would be possible with the provision of this additional lane to temporarily operate right-turn traffic from eastbound Orange Avenue onto southbound Williamson road as a two-lane turning movement during peak events. This could be accomplished through use of traffic cones and assistance by field personnel on the scene. In effect, the existing eastbound curb lane as well as the proposed additional turning lane would serve as two lane access to the Civic Center. This has the advantage of providing additional capacity for traffic entering the Civic Center, as well as providing additional backup storage, thereby reducing the potential for traffic to backup on Interstate 581. B. Project Cost is preliminarily estimated at $500,000. Ce VDOT application requires execution by person with authority to expend 10 percent matching funds. Therefore, authorization is needed for the City Manager to execute this application. It should be noted that, while this 10 percent matching fund equates to $50,000, it is anticipated that Roanoke's urban highway allocation from VDOT would be used to provide 98 percent ($49,000) of this share, with the City responsible for the remaining 2 percent ($1,000) of this share. Issues: A. Safety B. Timing C. Fundinq Alternatives: A. Authorize the City Manger to execute a project application to improve traffic safety on eastbound Orange Avenue. Safety is improved on Orange Avenue as well as 1-581 during major events at the Civic Center. Timinq is critical as applications are due at VDOT by September 23, 1994. Members of Council Page 3 Be Funding is not required at this time. Based upon the estimated cost, City would only be responsible for $1,000 of the total cost. Do Not Authorize the City Manger to execute a project application to improve traffic safety on eastbound Orange Avenue. 1. Safety is not improved. 2. Timing is not an issue. 3. Funding is not required. Recommendation is that City Council concur in Alternative A and authorize the City Manager to execute a project application to improve traffic safety on eastbound Orange Avenue. WRH:RKB:srh Attachment copy: Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Manager, Office of Management & Budget Traffic Engineer ROANOKE CIVIC CENTER Proposed Curb Existing Curb PROPOSED TURNING LANE Orange Avenue 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 13, 1994 File #5-24-70-184-429 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. 32179-091294 amending certain sections of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended. Ordinance No. 32179-091294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 12, 1994. Sincerely, ~.d.~-~-_ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. 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 13, 1994 File #5-24-70-184-429 Kim M. Nicholl Consulting Actuary Buck Consultants, Inc. Xerox Centre 55 West Monroe Street Chicago, Illinois 60604 Dear Ms. Nicholl: I am enclosing copy of Ordinance No. 32179-091294 amending certain sections of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended. Ordinance No. 32179-091294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 12, 1994. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. 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 13, 1994 File #5-24-70-184-429 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 32179-091294 amending certain sections of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended. Ordinance No. 32179-091294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 12, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of September, 1994. No. 32179-091294. AN ORDINANCE amending and reordaining §22.1-2, Definitions, subsection (b) of ~22.1-3, Membership generally, subsection (a) of §22.1-5, Employer contributions, §22.1-7, Riqhts, benefits and plan money not subject to assignment~ execution, garnishment, etc., §22.1-15, Riqht to accrued benefits upon termination of city plan, subsection (b) of §22.1-22, Board's records and reports, §22.1-26, Written application for retirement benefits, S22.1-28, Designation and duties of medical examiners, S22.$-29, Periodic medical examination of beneficiaries retired on account of disability, subsection (a) of ~22.1-30, Modification of disability retirement allowances, §22.1-39, Definitions, ~22.1-42, Retirement aqe, ~22.1-43, Service credit, subsections (b) and (d) of §22.1-44, Normal service retirement, subsections (a) and (c) of §22.1-45, Early service retirement allowance, §22.1-47, Nonoccupational disability retirement allowance, ~22.1-48, Occupational disability retirement allowance, ~22.1-49, Optional spousal allowance, subsection (c) of ~22.1-52, Lump sums, S22.1-55, Definitions, §22.1-58, Retirement aqe, ~22.1-59, Service credit, subsections (a) and (b) of S22.1-62, Retirement and service retirement allowance generally, subsection (a) of ~22.1-63, Early service retirement allowance, subsection (a) of ~22.1-65, Nonoccupational disability retirement allowance, S22.1-66, Occupational disability retirement allowance, ~22.1-67, Optional or modified retirement allowance, §22.1-68, Pensions to spouses or retired members or members eliqible to retire, and subsection (c) of §22.1-71, Lump sums, all from Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; to amend the definitions of "average final compensation", "earnable compensation", "employee", "medical examiner", and "pension"; to establish the date on and after which all employees must become members of the Employees' Supplemental Retirement System; to delete references to employee contributions; to provide that retirement benefits shall be subject to certain court orders relating to support; to amend the duties and responsibilities of the Board of Trustees; to provide for procedures and time limits for filin~ of applications for retirement and review of same; to establish procedures and time limits for medical examination of applicants and recipients of disability retirement; to provide for the calculation of membership service credit; to delete references to mandatory retirement age; to provide that certain retirements shall be effective on the first day of a calendar month; to amend the rules applicable to spousal allowances; and to provide for lump sum payout of certain benefits; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Membership That S22.1-2, Definitions, subsection (b) of S22.1-3, generally, subsection (a) of ~22.1-5, Employer contributions, ~22.1-7, Riqhts~ benefits and plan money not subject to assiqnment, execution~ qarnishment, etc., §22.1-15, Right to accrued benefits upon termination of city plan, subsection (b) of §22.1-22, Board's records and reports, §22,1-26, Written application for retirement benefitsl, §22.1-28, Desiqnation and duties of medical examiners, §22.1-29, Periodic medical examination of beneficiaries retired on account of disability, subsection (a) of §22.1-30, Modification of disability retirement allowances, S22.1-39, Definitions, S22.1-42, Retirement age, §22.1-43, Service credit, subsections (b) and (d) of ~22.1-44, Normal service retirement, subsections (a) and (c) of ~22.1-45, Early service retirement allowance, §22.1-47, Nonoccupational disability retirement allowance, S22.1-48, Occupational disability retirement allowance, §22.1-49, Optional spousal allowance, subsection (c) of ~22.1-52, Lump sums, ~22.1-55, Definitions, ~22.1-58, Retirement age, S22.1-59, Service credit, subsections (a) and (b) of ~22.1-62, Retirement and service retirement allowance generally, subsection (a) of §22.1-63, Early service retirement allowance, subsection (a) of ~22.1-65, Nonoccupational disability retirement allowance, §22.1-66, Occupational disability retirement allowance, ~22.1-67, Optional or modified retirement allowance, S22.1-68, Pensions to spouses or retired members or members eligible to retire, and subsection (c) of S22.1-71, Lump sums, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, be amended and reordained to read as follows: §22.1-2, Definitions. Earnable compensation shall mean all usual and regular compensation, excluding overtime pay and any payment for unused extended illness leave pursuant to regulations promulgated by the city manager, in whatever manner paid. In cases where compensation is not all paid in money, the board shall fix the value of that part of the compensation not paid in money. Earnable compensation shall include compensation subject to a salary reduction or deferred compensation agreement between an employee and the city, which compensation is not actually or constructively received by the employee. Employee shall mean any officer or employee of the city, except a part-time officer or employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), and shall include, but shall not be limited to, police and fire personnel employed on or after the first day of January, 1946; officials selected by the city council or appointed by the city manager; ever~ officer and other person employed by the school board of the city who is not eligible for membership in the Virginia Retirement System or successor plan; and every other person employed in the service of the city. (The sheriff of the city and all deputies and employees of his office, and their successors and all subsequent employees in said office, are hereby excluded from membership in this city plan). On and after July 1, 1986, members of city council shall be deemed "employees" for purposes of ESRS. In all cases of doubt, the board shall determine who is an "employee" within the meaning of this article, subject however, to review by the council. Medical examiner shall mean a licensed medical doctor designated pursuant to S22.1-28. Pension shall mean annual payments for life, payable in monthly installments continuing up to the date of death, except as otherwise provided in this chapter. §22.1-3. Membership qenerally. (b) Any person who is employed or reemployed on or after July 1, 1984, shall become a member of the ESRS. ~22.1-5. Employer contributions. (a) No contribution shall be deducted after May 31, 1973, from the compensation of members, and the contributions payable by the city shall be determined as provided in this section. ~22.1-7. Rights, benefits and plan money not subject to assignment~ execution~ garnishment~ etc. The right of a person to a pension, any optional benefit or death benefit, any othe~ right accrued or accruing to any person under the provisions of this chapter and the money in the various accounts created by this chapter shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law or any other process of law whatsoever, and shall be unassignable. The provisions of this section prohibiting the assignment or alienation of benefits shall not apply to a domestic relations order which is determined by the secretary-treasurer of the city plan to be a qualified domestic relations order as defined by ~414(p) of the Internal Revenue Code. §22.1-15. Right to accrued benefits upon termination of city plan. In the event of termination of the city plan, the rights of each participant to benefits accrued to such date shall be nonforfeltable to the extent then funded. If all accrued benefits are not funded, they shall be paid in the following order: (1) Present value of benefits to those currently receiving or eligible to receive benefits; (2) Ail others. 5 §22.1-22. Board's records and reports. (b) The board shall keep a record of all its proceedings, which shall be open to public inspection. It shall submit to the city council, annually, a report showing the fiscal transactions of the city plan for the preceding year, the amount of the accumulated cash and securities of the city plan, and the last balance sheet indicating the financial condition of the city plan. §22.1-26. Written application for retirement benefits. In order to receive payment for any benefit which becomes payable from the city plan, a member or his beneficiary shall complete the application and other forms prescribed by the secretary-treasurer of the city plan. The board shall have the authority to establish reasonable rules governing the application for any benefits payable under the city plan. §22.1-28, Designation and duties of medical examiners The secretary-treasurer of the city plan shall designate licensed medical doctors who are not eligible to participate in the city plan as medical examiners. A medical examiner shall arrange for and conduct all medical examinations required to determine whether a member is disabled, shall review medical records of the member's personal physicians, shall review all essential statements and certificates by or on behalf of a member in connection with application for disability retirement and shall report in writing to the board his conclusions and recommendations upon all the matters referred to him. S22.1-29. Periodic medical examination of beneficiaries retired on account of disability Once each year during the first five (5) years following the retirement of a member on a nonoccupational or an occupational disability retirement allowance, and once in every three-year period thereafter, the board may require any disability beneficiary to undergo a medical examination if he has not yet attained his minimum service retirement age. Such examination shall be made by a medical examiner at the examiner's office during normal business hours. For this purpose, the secretary- treasurer shall select a medical examiner or examiners who are located within a reasonable proximity of the member's place of residence. Should any disability beneficiary refuse to submit to such medical examination, his retirement allowance may be discontinued by the board until his withdrawal of such refusal, and should his refusal continue for one year, all his rights in and to his pension may be revoked by the board. S22.1-30. Modification of disability retirement allowances. (a) Should the board find that any disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his pension and his average final compensation adjusted pursuant to any applicable amendments to the ranges of the city pay plan adopted by city council subsequent to the member's retirement, the board shall reduce the amount which, together with the amount earnable by him, shall equal the amount of his average final compensation adjusted as provided above. Should the earning capacity of such beneficiary from any gainful occupation be later changed, the amount of his pension may be further modified in a like manner. S22.1-39. Definitions. Average final compensation shall mean the average annual earnable compensation, as defined by S22.1-2, of a member during the thirty-six (36) months immediately prior to termination of employment. §22.1-42. Retirement aqe. No member shall be compelled to retire because of his age. In no case shall any allowance be paid until a member has actually retired from service as an employee. ~22.1-43. Service credit. Each employee shall receive membership service credit for all service rendered while a member of this system and any prior service with the ERS. No service credit shall be allowed for any period of thirty (30) or more days during which an employee was absent without pay; provided, however, any period of leave under the Family and Medical Leave Act of 1993 shall be treated as continued service for purposes of vesting and eligibility to participate. §22.1-44. Normal service retirement.. (b) Retirement age. No member shall be compelled to retire because of his age. Notwithstanding an extension of a member's service after he has attained his minimum service retirement age, such member shall be retired by the board on a service retirement allowance upon his written application setting forth the date he desires to be retired, which date shall be the first day of a month and not more than ninety (90) days after the date of the member's filing application for retirement. (d) Application for retirement. A member shall submit to the board a written application setting forth the date he desires to be retired, which date shall be the first day of a month and not more than ninety (90) days after the date of the member's filing application for retirement, notwithstanding that during such period of notification he may have separated himself from service. ' S22.1-45. Early service retirement allowance. (a) Eligibility. A member who has had ten (10) or more years of creditable service and has attained the age of fifty-five (55) shall be eligible to receive an early retirement benefit commencing on the first day of the month next following termination of employment. (c) Application for retirement. A member shall submit to the board a written application setting forth the date he desires to be retired, which date shall be the first day of a month and not more than ninety (90) days after the date of the member's filing application for retirement, notwithstanding that during such period of notification he may have separated himself from service. S22.1-47. Nonoccupational disability retirement allowance. (a) Eligibility. Upon application of a member in service or the head of such member's department, any such member who has had five (5) or more years of creditable 8 service may be retired by the board on a nonoccupational disability retirement allowance not more than one year after the filing of such application; provided, that the board's medical examiner or examiners shall certify after medical examination (i) that such member is mentally or physically totally incapacitated for the further performance, of duty, (ii) that such incapacity is likely to be permanent, and (iii) that such member should be retired. (b) Amount of benefit. The nonoccupational disability retirement allowance shall be computed as a service retirement allowance, as provided for in section 22.1-44(c), on the basis of the member's average final compensation and creditable service at the time of his retirement (accrued benefit). Upon approval of an application by the board, benefits shall be retroactive to the date after all forms of leave have been exhausted. This benefit shall be reduced by any workers' compensation benefits as provided for in S22.1-9. S22.1-48. Occupational disability retirement allowance. (a) Eligibility. Upon the application of a member in service or the head of such member's department, any member who has been totally and permanently incapacitated for duty as a natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place without willful negligence on his part may be retired by the board on an occupational disability retirement allowance not more than one year after the filing of such application; provided, that the board's medical examiner or examiners shall certify after medical examination (i) that such member is mentally or physically totally incapacitated for the further performance of duty, (ii) that such incapacity is the natural and proximate result of an accident occurring while in the actual performance of duty, (iii) that such incapacity is likely to be permanent, and (iv) that he should be retired. (b) Amount of benefit. The occupational disability retirement allowance shall be equal to sixty-six and two- thirds (66~) percent of a member's average final compensation. This benefit shall be reduced by workers' compensation benefits as provided for in ~22.1-9. This benefit shall not be reduced due to payment commencing prior to normal retirement age. 9 §22.1-49. Optional spousal allowance. Until the effective date of retirement, any member may elect to convert the retirement allowance otherwise payable to him into an optional spousal allowance of equivalent actuarial value in accordance with one of the optional forms set out below. If an optional spousal allowance is selected and the spouse dies before the first payment is received, the pension allowance shall convert to the original pension benefit. The member's spouse, if any, shall be required to sign the election form designated by the board, when the member applies for retirement. A spouse must be married to the member or retired member at retirement and one year prior to death of the member or retired member to be eligible for a spousal allowance. The spousal allowance shall continue until the death or remarriage of such spouse. In the event of remarriage, a spouse receiving a spousal allowance will be liable to the City of Roanoke Pension Plan for any payments received after remarriage. A member's election of an optional spousal allowance shall be irrevocable. A spousal benefit shall be reduced by any workers' compensation benefit a~ provided for in S22.1-9. The optional forms are as ~ollows: §22.1-52. Lump sums. (c) Upon the written agreement of the employee, the city. manager, and the secretary-treasurer of the city plan, monthly benefits payable to an employee who is retired on a disability retirement allowance may be paid in the form of a lump sum by purchase of one or more annuities or a combination of lump sum and annuity payments. ~22.1-55. Definitions. Average final compensation shall mean the annual earnable compensation, as defined by S22.1-2, of a member during his twelve (12) consecutive months of creditable service yielding the highest such average prior to retirement. ~22.1-58. Retirement aqe. No member shall be compelled to retire because of his age. In no case shall any service allowance be paid until a member has actually retired from service as an employee. 10 §22.1-59. Service credit. Each employee commencing service, for the first time, after July 1, 1946, shall receive membership creditable service for all service rendered while a member of this system. No service credit shall be allowed for any period of thirty (30) or more days during which an employee was absent without pay; provided, however, any period of leave under the Family and Medical Leave Act of 1993 shall be treated as continued service for purposes of vesting and eligibility to participate. §22.1-62. Retirement and service retirement allowance generally. (a) The minimum service retirement age shall be the age of sixty (60) or the age prior thereto at which a member completes thirty (30) years of service. Any member who has attained his minimum service retirement age shall be retired by the board on a service retirement allowance upon his written application setting forth the date, which date shall be the first ~ay of a month and not more than ninety (90) days afte'r the date of the member's filing application for retirement, he desires to be retired, notwithstanding that during such period of notification he may have separated himself from service. (b) No member shall be compelled to retire because of his age. Notwithstanding an extension of a member's service after he has attained his minimum service retirement age provided for in subsection (a) above, such member shall be retired by the board on a service retirement allowance upon his written application setting forth the date he desires to be retired, which date shall be the first day of a month and not more than ninety (90) days after the date of the member's filing application for retirement. §22.1-63. Early service retirement allowance. (a) Upon the written application of a member in service who has had twenty (20) or more years of creditable service, the member shall be retired by the board on an early service pension upon a date selected by the member, which date shall be the first day of a month and not more than ninety (90) days after the date of the member's filing application for retirement, notwithstanding that during such period of notification, he may have separated himself from service. The early service retirement allowance shall consist of either: 11 disability retirement §22.1-65. Nonoccupational allowance. (a) Upon application of a member in service or the head of such member's department, any such member who has had five (5) or more years of creditable service may be retired by the board on a nonoccupational disability retirement allowance not more than one year after the filing of such application; provided, that the board's medical examiner or examiners shall certify after medical examination (i) that such member is mentally or physically totally incapacitated for the further performance of duty, (ii) that such incapacity is likely to be permanent, and (iii) that such member should be retired. S22.1-66. Occupational disability retirement allowance. (a) Upon the application of a member in service or the head of such member's department, any such member who has been totally and permanently incapacitated for duty as a natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place without willful negligence on his part may be retired by the board on an occupational disability retirement allowance not more than one year after the filing of such application; provided, that the board's medical examiner or examiners shall certify after medical examination (l) that such member is mentally or physically totally incapacitated for the further performance of duty, (ii) that such incapacity is the natural and proximate result of an accident occurring while in the actual performance of duty, (iii) that such incapacity is likely to be permanent, and (iv) that he should be retired. (b) The occupational disability retirement allowance shall be equal to sixty-six and two-thirds (66~) percent of a member's average final compensation. This benefit shall be reduced by any workers' compensation benefits as provided for in S22.1-9. This benefit shall not be reduced due to payment commencing prior to normal retirement age. §22.1-67. Optional or modified retirement allowance. Until the effective date of retirement, any member may elect to convert the retirement allowance otherwise payable to him into a modified retirement allowance of equivalent actuarial value in accordance with one of the optional forms set out below. If a modified retirement 12 allowance is selected and the beneficiary dies before the first payment is received, the pension allowance shall convert to the original pension benefit. A member's election of a modified retirement allowance shall be irrevocable. The optional forms are as follows: §22.1-68. Pensions to spouses or retired members or members eliqible to retire. Upon the receipt of proof, satisfactory to the board, (i) of the death, on or after July 1, 1973, of a member in active service after the completion of twenty (20) or more years of creditable service or after the attainment of age sixty (60), or (ii) of the death of a member who retired on or after July 1, 1973, or of the death of a former member in receipt of a vested allowance pursuant to §22.1-64, a pension shall be payable to the surviving spouse, commencing on the day next following the date of death of the member, retired member or former member in receipt of a vested allowance and ceasing upon the remarriage or death of the spouse;.provided, that the spouse was married to the retired memb%r or former member at the time that payment of his benefit commenced; that the spouse was married to the member, retired member or former member for at least one year prior to his death; and that the member, retired member or former member had not made an optional election under S22.1-67 which was in full force and effect. The amount of the pension shall be one-half of the retirement allowance or vested allowance to which the member was entitled or would have been entitled had he retired at the time of death under the provisions of S22.1-63(a)(2), or under the provisions of ~22.1-62; provided, however, that if the surviving spouse is more than sixty (60) months younger than the member, the benefit will be reduced by one sixth of one percent for each full month in excess of sixty (60) months. In the event of remarriage, a spouse receiving a spousal allowance will be liable to the City of Roanoke Pension Plan for any payments received after remarriage. A spousal benefit shall be reduced by any workers' compensation benefit as provided for in ~22.1-9. §22.1-71. Lump sums. (c) Upon the written agreement of the employee, the city manager and the secretary-treasurer of the city plan, monthly benefits payable to an employee who is retired on a disability retirement allowance may be paid in the form of a lump sum by purchase of one or more 13 annuities or a combination of lump sum and annuity payments. 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. 14 DEPARTMENT OF' FINANCE CITY OF ROANOK~'. VA. September 12, 1994 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: Proposed Amendments to Chapter 22.1, Pensions and Retirement, of the Roanoke City Code The City of Roanoke Pension Plan staff has made numerous changes and improvements to the administration of the Retirement System over the last four years. Some of these modifications have been mandated by changes in State or Federal laws. Other changes have been implemented for the plan to function as an efficient system for the retirees, active employees, and the City. Chapter 22.1, Pension and Retirement, of the Roanoke City Code is comprised of the following articles: II. III. IV. V. General Administration Employees' Supplemental Retirement System (new) Employees' Retirement System (old) Police and Fire Department Pension Plan as of December 31, 1945 Some of the proposed amendments require changes in two or more articles and in some articles changes occur in two or more sections. Exhibit I summarizes the proposed amendments that are similar to each section. We have cited substantive sections requiring amendment. The shaded wording is additions requested and the lined wording notes requested deletions. After each amendment an explanation in bold print states the necessity for the modification. Your approval of the attached ordinance and the amendments contained therein is requested. JDG/DP:s Attachments Director of Finance Honorable Mayor and Members of City Council September 12, 1994 Page 2 CC: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Doris Peters, Retirement Administrator EXHIBIT I 1. Sections 22.1-2, 22.1-39. and 22.1-55 Earnable compensation shall mean all usual and regular compensation, excluding overtime pay cr ..... ~,: manner paid. In cases where compensation is not all paid in money, the board shall fix the value of that part of the compensation not paid in money. Earnable compensation shall include compensation subject to a salary reduction OK ~i6~iii~!i~i~i~i~ agreement between an employee and the city, which compensation is not actually or constructively received by the employee. A new employee leave plan was approved effective July I, 1992. This new plan provides for optional payment to the employee for unused extended illness leave. This payment shall not be used in the calculation of retirement benefits. 2. Section 22.1-2 Pension shall mean annual payments for life, payable in monthly installments continuing tc thc last ~,,,~ ....... ~, ............ , exce as ::::::::. ====================================== ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: otherwise provided in this chapter. Provides for a pension benefit to be prorated for the month in which a retiree dies and payable to the spouse or executor/administrator of the Estate. 3. SeCtions 22.1-5(a! and 22.1-15 No contribution shall be deducted after May 31, 1973, from the compensation of members, and the contributions payable by the city shall be determined as provided ,.;" this section ~*:~- '~'~ ~" ~ ~* '~' .... ~"~ ~ ~*~' ~ "~" ~*: ...... Employee cont~bu~ons were ~tumed ~l, 1982. ., Provides for the Pension Plan to honor all Qualified Domestic Relations Orders. settlement agreement between a divorced couple approved by the Court. Sections 22.1-7 The right of a person to a pension, any optional benefit or death benefit, any other right accrued or accruing to any person under the provisions of this chapter and the money in the various accounts created by this chapter shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law or any other process of law whatsoever, and shall be unassignable. T~ ~i~ion$ This is a property 5. Section 22.1-22{b! The board shall keep a record of all its proceedings, which shall be open to public inspection. It shall submit to the city council, annually, a report showing the fiscal transactions of the city plan for the preceding year, the amount of the accumulated cash and securities of the city plan, and the last balance sheet indicating the financial condition of the city plan ~" ~hc,'.'.'r:. ~ ........... :~' "~' .... :~ ' '~'~ ' The balance sheet indicating the financial condition is in the City of Roanoke Pension Plan Annual Report, not the Actuary's Report. 2 -<. Section 22.1-26 In order to receive payment for any benefit which becomes payable from the city plan, a member or his beneficiary must complete the application form a~:~:6ther ~6~S prescribed by the bccrd sec etacy~treasure~ of the cl:t¥ plan. The board has the authority to establish reasonable rules governing the application for any benefit payable from the city plan. Provides for an employee to complete all forms required when applying for retirement benefits. 7. Sections 22.1-2, 22.1-28, and 22.1-29 The ~'~"~ ~~~:~::~:~i?~?:~h~:iiii~i~iii?:~]~ shall designate licensed medical doctors who are not eligible to participate in the city plan as medical examiners. The medical examiners shall arrange for and conduct all medical examinations required to determine whether a member is disabled, shall review medical records of the member's personal physicians, shall review all essential statements and certificates by or on behalf of a member in connection with application for disability retirement and shall report in writing to the board their conclusions and recommendations upon all the matters referred to him. Provides for the Secretary-Treasurer to appoint medical examiners. Section 22.1-30{a! Should the board find that any disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his pension and his average final compensation adjusted ' ....... · ':":~ ~,crcaso~ ~.~:~:.h~iii~ ~i! grc.~tc.d to. c;ty =,,mplc. yc.c.; subsequent to the member's retirement from the city plan, the board shall reduce the amount which, together with the amount 3 earnable by him, shall equal the amount of his average final compensation adjusted per above. Should the earning capacity of such beneficiary from any gainful occupation be later changed, the amount of his pension may be further modified in a like manner. We recommend that this section be revised to include amendments to the ranges of the city pay plan adopted by City Council. 9. Sections 22.1-42. 22.1-44(b). 22.1-47(a). 22.1-48(b), 22.1-58, 22.1-62{b), 22.1-65(a). 22.1-66{aL and 22.1-66(b) '~'~ ~ cf sever, fy ,-m,, ~, ...... ~ ~.. No ether member shall be compelled to retire because ~.~ his age. ~ ,,,~,, ...., .... ~.. ~ ..... ~ +~ ..... · ~:,... ,;,,~. ,cc~ ....... ,,~",, .~. ~. = ,~...,~': ,~,..~...~..,*; ..... * ,..~..,.,~.~"~'-'~ In no case, shall any:cr."icc allowance be paid until a member has actually retired from service as an employee. Oange in Fede~ ~w no ~nger ~quire$ firefighte~ and dep~zed police offiee~ to re,re ~ age 70. In ~n, e~nge in Fede~ ~ no~ allows applicon for disabil~ re~rement ~ any age. 10. Sections 22.1-43 and 22.1-59 Each employee shall receive membership service credit for all service rendered while a member of this system and any prior service with the ERS. ~ii~i~!i~ili~i!ti.i~!! 4 ~tih~ ahd ~!i~ibilit~;;t6i!~a~ti¢[pa~ei An employee receives a break in service after 30 days without pay since no contribution is made to the Pension Plan during that time period. 11. Sections 22.1-44(b) and (d), 22.1-45(a) and (c), 22.1-62(a) and (b), 22.1-63(a) Retirement Age ~:'~':~" ...... "" ..... :-~" ~^'~ ^": ..... ~'~" ~' ...... "~" tc ;ct,rc" upc~ .......... "**";"=""u .k,. ..... ~""u .......... ..t .. ......, ~-~n,,. v, ;'cars. No.."*k"'., ,.., member shall be compelled to retire because of his age. Notwithstanding an extension of such member's service after he has attained his minimum service retirement age, such member shall be retired by the board on a service retirement allowance upon his written application setting forth the date he desires to be - filing Policy to make retirements effective only on the first day of the month, except for disabilities, was established by the Board of Trustees to help streamline retirement procedures and provide improved service to City employees. Deleting the 30 days limitation allows the employee more flexibility when applying for retirement benefits. 12. Sections 22.1-47(a), 22.1-48(a), 22.1-65(al, 22.1-66(a) .... ,...., year=, or the head of such member's department, any such member who has had five (5) or more years of creditable service may be retired by the board on a nonoccupational disability retirement allowance not loss thcn*";-' ..... ...... · .... more c,~.d the filing of such application; provided, that the board's medical examiner or 5 examiners shall certify after medical examination (i) that such member is mentally or physically totally incapacitated for the further performance of duty, (ii) that such incapacity is likely to be permanent, and (iii) that such member should be retired. The Pension Plan has encountered problems in meeting the 180 days deadline on some occasions due to surgery scheduled after application for disability and recovery time. 13. Section 22.1-47(b! Amount of benefit. The nonoccupational disability retirement allowance shall be computed as a service retirement allowance, as provided for in section 22.1-44(c), on the basis of the member's average final compensation and creditable service at eti (a fit) the time of his r rement ccrued bene ~ .......... :" ......... : .... ~i~iiiiiii~~. This benefit shall be reduced by any worker's compensation benefits as provided for in section 22.1-9. Provides for payment to commence upon approval of disability application by the Board of Trustees or retroactive to date after all leave time is exhausted. 14. Sections 22.1-49. 22.1-67. and 22.1-65 Until the ' ' pc¥',m, cn', ~- ,, ......,* ~ ,,,o -- ....... ,',, ,~,,~ ~~i}ii.}~ii.ii~.~.~.~i~~, any member may elect to convert the retirement allowance otherwise payable to him into an optional spousal allowance of equivalent actuarial value in accordance with one of the optional forms set out below. !i~iiii~ 6 member's spouse, if any, shall be required to sign the election form designated by the board, when the member applies for retirement. A spouse must be married to the member or retired member at retirement and one year prior to death of the member or retired member to be eligible for a spousal allowance. The spousal allowance shall continue until the death or remarriage of such spouse. Roanoke ~enslo~P~la~f~any~:payrnents~.rece;Ived~:.a~e~:~emarr:~age~; A member's election of an optional spousal allowance is irrevocable. Provides for employee to change spousal option up to effective date of retirement. Allows for pension to convert to original amount if spouse/beneficiary dies before first payment is received by retiree. Allows for spouse to be liable to City for any payment received after remarriage. 15, Sections 22.1-52(c) and 22.1-71 (c) Upon the written agreement of the employee, ~iiiii~!ii!~i~.~:~iiiiii!i~i~i~iii~ii!i~~:~~ ~~ii~iii~i~!ii~i monthly benefits payable to an employee who is retired on a disability retirement allowance may be paid in the form of a lump sum by purchase of one or more annuities or a combination of lump sum and annuity payments. Provides for a lump sum payment in lieu of monthly payments for disability retirement with written concurrence of the employee, City Manager, and Secretary-Treasurer of the Board of Trustees. 7 Office of the City Manager September 12, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: SUBJECT: ROANOKE CITY JAIL - ANNEX PROJECT On Wednesday, September 7, 1994, at 4:00 p.m., bids were received, publicly opened and read for the Roanoke City Jail - Annex Project. Three (3) bids were appropriately received. The lowest bid was submitted by Avis Construction Company, Inc. of Roanoke, Virginia. Bid evaluations were begun immediately by the members of the bid committee in an effort to determine if all specification requirements were met and to develop the Formal report for City Council. The bid specifications did provide for the withdrawal of a bid should that bid be substantially lower than the other bids because of a clerical error, as defined in § 11-54A of the Code of Virginia (1954), as amended. A notice of a request to withdraw and supporting documentation must be provided within two (2) business days after the scheduled opening of the bids. On Thursday, September 8, 1994, at 4:44 p.m., a communication was received in the Office of General Services. That communication was the Formal written request from Avis Construction Company, Inc. to withdraw their bid due to clerical error. That error was identified and was confirmed by their supporting documents. Due to the aforementioned conditions, it is necessary for the bid committee to re-evaluate the remaining bids and to further address concerns relative to this project. Please allow this communication to serve as request to withdraw from Council's agenda, the bid committee report on the Roanoke City Jail - Annex Project. As the evaluations are completed and recommendations are developed, we will return to City Council with a report. Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 The Honorable David A. Bowers, Mayor and Members of City Council Page 2 September 12, 1994 Thank you for your consideration in this matter. Respectfully submitted, W. Robert Herbert City Manager WRH/DDR/ss CC; Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance W. Alvin Hudson, City Sheriff George C. Snead, Director of Public Safety Barry L. Key, Manager, Management and Budget 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 Cterk September 13, 1994 File #15-38 Mary F. Parker City Clerk Roanoke, Virginia Dear Ms. Parker: At a regular meeting of the Council of the City of Roanoke held on Monday, September 12, 1994, you were reappointed as City Clerk of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned no later than September 30, 1994. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: sm Enc. COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Sandra H. Eakin, Deputy City Clerk, and as such Deputy City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twelfth day of September, 1994, MARY F. PARKER was reappointed as City Clerk of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996. Given under my hand and the Seal of the City of Roanoke this thirteenth day of September, 1994. Deputy City Clerk 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 13, 1994 File #15-280 Robert H. Bird Municipal Auditor Roanoke, Virginia Dear Mr. Bird: At a regular meeting of the Council of the City of Roanoke held on Monday, September 12, 1994, you were reappointed as Municipal Auditor of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned no later than September 30, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twelfth day of September, 1994, ROBERT H. BIRD was reappointed as Municipal Auditor of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996. Given under my hand and the Seal of the City of Roanoke this thirteenth day of September, 1994. City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l Telephone: ~703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 13, 1994 File #15-1 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: At a regular meeting of the Council of the City of Roanoke held on Monday, September 12, 1994, you were reappointed as Director of Finance of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned no later than September 30, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twelfth day of September, 1994, JAMES D. GRISSO was reappointed as Director of Finance of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996. Given under my hand and the Seal of the City of Roanoke this thirteenth day of September, 1994. City Clerk 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 13, 1994 File #15-83 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: At a regular meeting of the Council of the City of Roanoke held on Monday, September 12, 1994, you were reappointed as City Attorney of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned no later than September 30, 1994. Sincerely, P~L~t~-~,.* Mary F. Parker, CMC/AAE' City Clerk MFP: sm Eno. COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twelfth day of September, 1994, WILBURN C. DIBLING, JR., was reappointed as City Attorney of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996. Given under my hand and the Seal of the City of Roanoke this thirteenth day of September, 1994. - City Clerk 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 8, 1994 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Your attention is called to Section 9, Elections by Council~ when held~ terms, etc., of the Roanoke City Charter which provides, in part, that during the month of September 1974 and during the month of September of the second year thereafter, the Council shall elect a City Clerk, a Director of Finance, a Municipal Auditor and a City Attorney, each of whom shall serve for a term of two years from the first day of October next following the date of his election and until his successor shall have been elected and qualified. Pursuant to the abovereferenced City Charter provision, the two year terms of the following Council Appointed officers will expire on September 30, 1994: Mary F. Parker, City Clerk James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor Wilburn C. Dibling, Jr., City Attorney With kindest personal regards, I am Sincerely yours, Mary F. Parker, CMC/AAE City Clerk MFP: sm 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 13, 1994 File #514 Charles A. Price, Jr., Chair City Planning Commission Roanoke, Virginia Dear Mr. Price: At a regular meeting of the Council of the City of Roanoke held on Monday, September 12, 1994, a public hearing was held on the request of Douglas Basham that a 15 foot wide public alley lying between Official Tax Nos. 1551132 and 1551104, extending approximately 160 feet in a southeasterly direction from Lofton Road, S. W., be permanently vacated, discontinued and closed. Following discussion of the request, on motion, duly seconded, and adopted, the matter was referred back to the City Planning Commission for the purpose of meeting with the petitioner and affected property owners to address issues of concern, with further report and recommendation to Council. Sincerely, ~O.,~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Mr. Douglas Basham, 2452 Lofton Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Gary W. Hutchinson, 2453 Livingston Road, S. W., Roanoke, Virginia 24015 Mr. Billy Sowers, Route 1, Box 696, Vinton, Virginia 24179 Ms. Marion J. Thacker, 2467 Livingston Road, S. W., Roanoke, Virginia 24015 Mr. Andrew S. Hamer, 2449 Livingston Road, S. W., Roanoke, Virginia 24015 Mr. Donald R. Proffit, 2445 Livingston Road, S. W., Roanoke, Virginia 24015 C~arles A. Price, Jr. September 13, 1994 Page 2 pc: Mr. Dan O. McConnell, 2441 Livingston Road, S. W., Roanoke, Virginia 24015 Messrs. Jeffrey T. Cochran and Robert Mulhasuer, 2437 Livingston Road, S. W., Roanoke, Virginia 24015 Ms. Edith Driscoll, et al, c/o T. J. Driscoll, 2433 Livingston Road, S. W., Roanoke, Virginia 24015 Ms. Ellen Louise Gott Shaw, 2429 Livingston Road, S. W., Roanoke, Virginia 24015 Mr. William R. Poff, 2425 Livingston Road, S. W., Roanoke, Virginia 24015 Mr. Steven M. Wilhelm, 2419 Livingston Road, S. W., Roanoke, Virginia 24015 Three Putt Properties, 2415 Livingston Road, S. W., Roanoke, Virginia 24015 Mr. Robert Mitchell, Jr., 2416 Lofton Road, S. W., Roanoke, Virginia 24015 Mr. Francis R. Wright, 2420 Lofton Road, S. W., Roanoke, Virginia 24015 Mr. Dennis R. Brickey, 2424 Lofton Road, S. W., Roanoke, Virginia 24015 Mr. James R. Eaton, 2428 Lofton Road, S. W., Roanoke, Virginia 24015 Mr. Ferris J. Goria, Jr., 2432 Lofton Road, S. W., Roanoke, Virginia 24015 Mr. John B. Clarke, 2436 Lofton Road, S. W. ,.Roanoke, Virginia 24015 W. Robert Herbert, City Manager Wilburn Co Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Doris K. Layne, Account Technician, Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator 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 14, 1994 Mr. Douglas Basham 2452 Lofton Road, S. W. Roanoke, Virginia 24015 Dear Mr. Basham: I am enclosing copy of an invoice from the Roanoke Times & World-News for advertising the notice of public hearing on Friday, August 26, 1994, and Friday, September 2, 1994, in connection with your request that a 15 foot wide public alley lying between Official Tax Nos. 1551132 and 1551104, extending approximately 160 feet in a southeasterly direction from Lofton Road, S. W., be permanently vacated, discontinued and closed. Please remit your check, made payable to the City of Roanoke, in the amount of $91.00, to the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011-1536, by Friday, September 30, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. Department of Planning and Community Development Planning Division September 12, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Request from Douglas Basham to close and permanently vacate a portion of a public alley extending in a southeasterly direction from Lofton Road, S. W., for a distance of approximately 160 feet. Background: Application is a request for the City to close and permanently vacate a certain section of a platted ("paper") alley system, as the same extends from Lofton Road between, and alongside the properties located at 2452 and 2454 Lofton Road, S. W. (See attached Map A.) Portion of alley requested for closure is a 15-foot wide, 160-foot long section of a platted, but undeveloped alley system that extends into this community block (Block 4) from both Lofton Road and Livingston Road, S. W. Overall alley system abuts 28 residential lots and has a combined length of approximately 1,100 feet. Ce Residential lots and the subject alley system were originally platted as a part of the Grandin Court subdivision (Weaver Heights Corporation, 1924). This plat specifically reserved the exclusive rights to the streets, roads and alleys shown on such plat, for Weaver Heights Corporation. Alley system, however, has been shown on all official City maps, as a part of this subdivision for many years. City, however, has apparently made no effort on its own, or on behalf of any abutting property owner(s) to open and develop any part of this alley system for public use during this long and extended period of time. Notification of this request for closure was mailed to 20 individual owners of properties that abut the main portion of this alley right-of-system. II. Current Situation: ae Planning Commission reviewed Mr. Basham's application at its regular meeting of July 6, 1994. Applicant (Basham) owns the property (2452 Lofton Road) abutting the easterly side of the section of alley requested for closure. Applicant stated that his purpose in requesting the closure of the subject alley section was as follows: To preserve the existing peace and privacy of his property, as well as that of his immediate and adjacent neighbor. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Honorable Mayor and Members of City Council Page 2 Co 2e To avoid any future nuisance and noise of traffic passing alongside the yard and side entrance to his residence. To preserve and maintain the area in the alley right-of-way, as he has done for the past 7 years, without complaint, as an adjunct to his and his neighbor's (Sowers) properties (yards). Owners of other ~ro~erties abutting the section of alley requested for closure are as follows: Billy and Virginia Sowers - Tax No. 1551132 2454 Lofton Road 2. Marion Thacker - Tax No. 1551133 2467 Livington Road Public comment and concerns expressed during the ~ublic hearing by individual property owners, other than the applicant, were as follows: Mrs. Virginia Sowers of 2454 Lofton Road stated that she was in favor of closing the alley. Mrs. Sowers noted the following concerns: The alley right-of-way, if opened, would allow traffic to pass within 6 feet of the side of her house. Traffic passing through the alley would be a nuisance, as numerous children play on the sidewalks and in the adjacent yards. The alley is undeveloped and if it were opened vehicles would have to back out of the alley because there would be no area for these vehicles to turn around in. Mrs. Kathy Hutchinson of 2253 Livington Road, S. W., stated that she was opposed to the closure of the alley section. Mrs. Hutchison expressed the following concerns: She had plans to o~en this section of the alley for use by her vehicles, as well as a motor home, as she wanted to park the motor home and trailer off the street. There are large trees in the longer alley (section extending from the east) which would prohibit them from getting to their property. She and her husband had purchased the property with the knowledge that the alley was there. Mr. Gary Thacker, at 2467 Livington Road, S. W., stated that he would like to see the alley remain open. Mr. Thacker noted the following concerns: Honorable Mayor and Members of City Council Page 3 III. That access to properties was very critical in property valuation. Closure of the alley would affect the economic value of the property at 2467 Livington Road. The property would be more valuable if the alley was left open. 4o Mr. Andrew Harner, at 2449 Livington Road, $. W., stated that he would like to know that he had a perpetual easement over the subject alley right-of-way. Mr. Harner's statements included the following: He could possibly need access to the rear of his property at sometime in the future. He did not want the potential for future access to his back yard cutoff, as he had bought the property knowing that this access was there. City staff, in response to questions from the Commission, provided the following related information: The overall alley system in this block abuts 28 residential properties. None of these properties have been provided with any public alley access to their properties over any part of this abutting alley system. 2o The distance between the structures at 2452 and 2454 Lofton Road is approximately 22 feet. The subject alley right-of- way is 15 feet wide. The alley right-of-way, if opened, would be established at approximately 5 feet from the exterior wall of 2454 Lofton, and at appr~mately 2 feet from the side entrance steps to 2452 Lofton. The alley system extending through this community block has remained in an undeveloped and dormant state for many years. The land within the alley system has consequently taken on the appearance and character of the abutting residential land uses (encroaching buildings, large trees, grassy lawns, etc.). Issues: ae B. C. D. E. Neighborhood impact. Traffic impact. Utilities in the public riqht-of-wa¥. Creation of a dead-end alley. Land use. F. Comprehensive plan. Honorable Mayor and Members of City Council Page 4 IV. Alternatives: Ae Approve the applicant's request to close and vacate the alley section as described, thereby vacating such interest as the City may have, if any, in said alley section, subject to conditions as set out in section V of this report. 1. Neighborhood impact: (a) The applicant Douglas Basham, who is the owner of the property abutting the easterly side of the subject alley, and Mrs. Virginia Sowers, the owner of the property abutting the westerly side of the subject alley, will be enabled to retain the land within the alley section as an adjunct to their existing yards. (b) Mrs. Hutchinson of 2253 Livington Road will not be enabled to apply to the City to have the subject alley section opened and improved (developed) for public use. (c) Mr. Thacker at 2467 Livington Road will oppose the closure on the basis of his previously stated concerns. (d) Mr. Hamer of 2449 Livington Road will oppose the closure on the basis of his previously stated concerns. 2e Traffic impact: Alley system does not currently serve any abutting properties. Closure of this undeveloped alley section will have no effect on traffic or traffic needs. 3e Utilities within the right-of-way: There are no City utilities within the subject alley right- of-way. The City will, however, retain an easement for any utility that may be located therein. Creation of a dead-end alley: Closure will create a dead-end (paper) alley. Remaining section of the alley system is occupied by large trees and certain structures. Opening of the remaining section of this alley system, in the future, would be impractical due to high development costs. Providing a turnaround for this remaining section would be a useless provision. Land use: (a) Closure and vacation of the subject alley section will result in the creation of new lot lines. Subdivision plat should be required to legally establish new division lines. (b) Available records indicate that the alley rights-of- way in this subdivision were never dedicated to the Honorable Mayor and Members of City Council Page 5 City for public use. Closure and vacation of this section, by the City, will, in effect, divest the City of any such interests that it may have, if any, in the subject alley section and remove the subject alley right-of-way from all official City maps. (c) Final ownership and ultimate use of the subject alley section could possibly be the subject of future litigation between the opposing property owners. 6e Relationshi~ to the Comprehensive Plan: Alley section has remained undeveloped, unproductive and in a non-taxable status for 40 years or more. Closure and combination of the land within the right-of-way with abutting properties, would be consistent with the intent of the comprehensive plan. Deny the applicant's request to close and vacate the subject section of alley. Neighborhood impact: (a) Mr. Douglas Basham at 2452 Lofton Road, S. W., and Mrs. Virginia Sowers at 2454 Lofton Road, S. W., will not be enabled to preserve and maintain the land area within the subject alley right-of-way as an adjunct to their properties (yards). (b) Mrs. Kathy Hutchinson at 2253 Livington Road will retain the option of requesting the City to open and develop the subject alley section for public use. (c) Mr. Gary Thacker of 2467 Livington Road and Mr. Andrew Harner of 2449 Livington Road will be satisfied that the subject alley section will remain available for their future uses. 2e Traffic impact: Denial will have no impact on traffic or traffic needs in the area. 3. Utilities in the ~ublic right-of-way Denial will have no impact on utilities. Creation of a dead-end alley: (a) Denial will not affect the issue of a dead-end alley. (b) Dead-end alley could be an issue if the subject 160- foot section of alley is opened in the future. 5. Land use: (a) Alley right-of-way system is occupied at numerous points by large trees, utility buildings and other Honorable Mayor and Members of City Council Page 6 structures. Alley system abuts 28 individual properties. Alley system has remained inactive and undeveloped to date. Elements of community peace and privacy are firmly fixed and well established in this residential community. City should vacate any interests it may have, if any, in this entire alley system. Denial of the current request for partial closure will in effect retain such interests that the City may have (if any) in a non-productive and potentially contestable land use. (b) Denial will enable abutting property owners to apply to the City to have a portion of this alley system opened and improved for public use. Opening of this section of alley will have a disruptive and negative affect on the immediate and adjacent land uses. 60 Relationship to the Comprehensive Plan: Retaining interests in unproductive and undeveloped alley rights-of-way would be inconsistent with the intent of the comprehensive plan, that available land should be used in the most advantageous and productive manner. V. Recommendation: Planning Commission by a vote of 3 to 2, Mr. Bradshaw and Mrs. Coles absent, recommends that City Council approve the applicant's request to close and vacate the described section of alley right-of-way, thereby vacating such interests as the City may have, if any, in said alley, subject to the following conditions: Ao The applicant shall submit to the City for its review and approval, receive approval of, and record in the office of the Roanoke City Circuit Court, a subdivision plat, providing for the following: The disposition of the land within the right-of-way to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. me The retention of appropriate easements, together with the right of public passage over the same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the alley right-of-way. If a plat of subdivision is not approved by the City and recorded by the applicant within a period of 12 months from the date of the adoption of the ordinance providing for the closure of the subject Honorable Mayor and Members of City Council Page 7 right-of-way, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP/ERT/a Attachments cc: Assistant City Attorney City Engineer Building Commissioner Attorney for the Petitioner 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 September 13, 1994 File #67-304-376-467 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Vice-Mayor John S. Edwards with regard to a proposal that the City acquire and operate an indoor athletic field house for sporting events, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, September 12, 1994. On motion, duly seconded and adopted, the general concept of an indoor multi-sport athletic field house was referred to you for study, report and recommendation to Council within a reasonable period of time. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: The Honorable John S. Edwards, Vice-Mayor, P. O. Box 1179, Roanoke, Virginia 24006-1179 Peter R. Lampman, President, Virginia Amateur Sports, Inc., 305 First Street, S. W., Suite 412, Roanoke, Virginia 24011 Mr. Martin D. Jeffrey, P. O. Box 2868, Roanoke, Virginia 24001-2868 Mr. Richard S. Pitman, Route 2, Box 772-A, Troutville, Virginia 24175 Mr. Finn D. Pincus, 1116 Winchester Avenue, S. W., Roanoke, Virginia 24015 Mr. Frank N. Anzalone, 5031 Keithwood Drive, S. W., Roanoke, Virginia 24018 Mr. Danny Thompson, 1814 Lawnhill Street, S. W., Roanoke, Virginia 24015 Ms. Mary F. Brooks, 2541 Beverly Boulevard, S. W., Roanoke, Virginia 24015 CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 DAVID A. BOWERS Mayor Mayor David A. Bowers and Members of City Council City of Roanoke 215 Church Ave., SW, Room 456 Roanoke, VA 24011-1591 September 7, 1994 Council Members: Elizabeth T. Bowles John S. Edwards Delvis O. "Mac" McCadden John H. Parrott William White, Sr. Linda F. Wyatt RE: Indoor Athletic Field House Dear Mayor and Members of Council: As you know, I have proposed that the City acquire and operate an indoor athletic field house for sporting events such as track and field, soccer, hockey, gymnastics, basketball and other indoor sports. This is an issue which I discussed in the recent councilmanic campaign and which has received very favorable response throughout the City. I have also formed a steering committee consisting of a broad range of interested citizens who are enthusiastic about this project. Members of the steering committee include the principals of the two City high schools, a member and former member of the Roanoke City School Board, the head of the City schools' athletic department, Director of Public Works, Manager of Parks and Recreation Department, coaches, representatives of TAP and the Inner City Athletic Association, parents, the manager of the Roanoke Express hockey team, and track and field enthusiasts. The steering committee has met on a number of occasions this summer to review concepts and suggestions for such a project. There is a growing need for such a facility in the valley. To take just one example, the area high school indoor track and field teams currently must travel an hour each way for practice and meets, either to Lynchburg, Lexington or Blacksburg. There is no facility in the valley for the track and field teams to hold indoor meets, even though there are eight valley high schools and many more in the region which could also use such facility. Furthermore, the Roanoke Express hockey team is looking for a place to practice during its season when the Civic Center is not available. An indoor athletic field house could be used cooperatively to benefit all the area localities and foster valley cooperation. The Roanoke County Board of Supervisors, for example, has recently reviewed Northside High School's need of a gymnasium or field house. Several members of the County Board of Supervisors with whom I have spoken have expressed positive interest in a field house which could serve the needs of area localities. An athletic field house would also provide an important economic boon to the valley by attracting people for regional and statewide events. Such facility could be used, for example, for the City hosted Commonwealth Games as well as other events. As a result of the work of the steering committee, specific proposals have been made with regard to development of a field house. Therefore, I am requesting that this matter be placed on Council's agenda under Petitions and Communications on Monday September 12, 1994 for referral to the City Manager. Accordingly, Council is requested to refer the matter concerning an indoor athletic field house to the City Manager and direct that he report back to Council within ninety days with specific proposals concerning the acquisition of needed land and structures, including any needed renovation of such, for the development of an indoor athletic field house. Very truly yours, John S. Edwards Vice-Mayor JSE/jkl cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Ray Craighead Steering Committee Members, Victor Cardwell Don Cass Bill Clark John Coates Linda Cunningham Ted Edlich Martin Jeffrey Dr. Elizabeth Lee Howard Light Carolyn Mitchell Paul Moyer Pierre Paiement Finn Pincus Donna Speas Alyce Szathmary Jay Turner Harry Whiteside VIRGINIA AMATEUR SPORTS, INC. 305 First Street, S.W., Suite 412 Roanoke, Virginia 24011 (703) 343-0987 FAX (703) 343-7407 PRESENTING SPONSORS Mobil NationsBank PREMIER SPONSORS WYYD Radio GOLD MEDAL SPONSORS Contel Cellular Domino's Pizza Holiday Inn, Tanglewood Kroger Roanoke Times & World News Stop In Food Stores CITGO SILVER MEDAL SPONSORS Carillon Gentry, Locke, Rakes, & Moore Maid Bess BRONZE MEDAL SPONSORS Appalachian Power Blue Ridge Outdoors Chas, Lunsford Sons & Assoc. RHH of Va., Inc. LAMAR Outdoor Advertising Roanoke Fruit & Produce Roanoke Electric Steel SPONSOR OF SeptemDer 9, 1994 Mr. John Edwards P. O. Box 1179 Roanoke, Va. 24006-1179 Dear John~ As President of Virginia Amateur Sports, Inc., I am very interested and supportive of having an indoor multi - sport complex being built in the city of Roanoke. Having such a complex available to the citizens of the area will bring benefits to them which cannot be measured in dollars and cents. Some of these benefits are: - Improvement in the quality of life - A reason to celebrate; a special event or "happening" - Development of cross cultural and ethnic relationships Also the positive development of youth through participation in sportin~ activities in the complex will be enhanced by their: - Learning about fair play - Working together - Developing cross generational relationships - Practicing ethical behavior - Respecting the rules - Developing lifetime relationships - Practi~ing and participating in well being and fitness programs Economically and financially the complex will: - Bring visibility to Roanoke and its'"other" resources; Explorer Park, Mill Mountain Zoo, Center in the Square, the Farmer's Market, etc. - Possibly bring additional businesses and corporations to town - Bring new dollars to the community therefore keeping the tax rate low - Bring a 65% return on your investment for 15 years PROMOTING SPORTS IN THE OLYMPIC IDEAL Sanctioned by the United States Congress of State Games end recognized by the United States Olympic Committee ~I' Recycled Paper Events such as the Commonwealth Games, the Tour Dupont, Stagg Bowl, bring visibility and money to the Roanoke area. Having a state - of - the art indoor complex will make these opportunities available on a year round basis, something I believe we can all live with. In closing I believe this multi sport complex may be the missing puzzle piece which will help promote the identity of Roanoke and the quality of life in the area. Sincerely, Virginia Amateur Sports, Inc. Peter R. Lampman President